Acts and resolutions of the General Assembly of the state of Georgia, 1981, volume I

Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia 19810000 English
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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1981 19810000 Compiled and Published by Authority of the State
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TABLE OF CONTENTS VOLUME ONE Acts by NumbersPage References iv Bills and ResolutionsAct Number References xiii Acts and Resolutions of General Application 2A Resolutions Proposing Amendments to the Constitution 1908 Vetoes by the Governor, 1979 Session 1937 Map of Counties and Judicial Circuits 1948 Appellate CourtsPersonnel 1949 Superior CourtsPersonnel and Calendars 1950 IndexTabular 1959 IndexGeneral 1978 Population of Georgia CountiesAlphabetically 2043 Population of Georgia CountiesNumerically 2046 Georgia Senatorial Districts, Alphabetically by County 2048 Georgia Senators, Alphabetically by Name 2050 Georgia Senators, Numerically by District 2052 Georgia House Districts, Alphabetically by County 2054 Georgia Representatives, Alphabetically by Name 2056 Georgia Representatives, Numerically by District 2064 Status of Referendum Elections for the Years 1953-1980 2072 Proclamations Re: 1980 Proposed Constitutional Amendments 2150 VOLUME TWO Acts by NumbersPage References iv Bills and ResolutionsAct Number References xiii Acts and Resolutions of Local Application 3003 County Home Rule Actions 4929 Municipal Home Rule Actions 5045 Vetoes by the Governor, 1979 Session 5162 Map of Counties and Judicial Circuits 5173 Appellate CourtsPersonnel 5174 Superior CourtsPersonnel and Calendars 5175 IndexTabular 5184 IndexGeneral 5203 Population of Georgia CountiesAlphabetically 5268 Population of Georgia CountiesNumerically 5271 Georgia Senatorial Districts, Alphabetically by County 5273 Georgia Senators, Alphabetically by Name 5275 Georgia Senators, Numerically by District 5277 Georgia House Districts, Alphabetically by County 5279 Georgia Representatives, Alphabetically by Name 5281 Georgia Representatives, Numerically by District 5289 Status of Referendum Elections for the Years 19531980 5297 Proclamations Re: 1980 Proposed Constitutional Amendments 5375
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Compiler's Note General Acts and Resolutions of the 1981 Session are grouped in Volume One beginning at page 1. Proposed amendments to the Constitution are grouped together beginning at page 1908, 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 1980 are printed in Volume Two begining on page 5045. Home Rule Actions by Counties filed in the office of the Secretary of State during 1980 are printed in Volume Two beginning on page 4929. There are no numbered pages between 2189 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.
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ACTS BY NUMBERS, PAGE REFERENCES 1 3003 2 3 3 114 4 116 5 117 6 119 7 3006 8 3011 9 3013 10 3016 11 3018 12 3021 13 3023 14 3027 15 3030 16 3033 17 3038 18 120 19 121 20 133 21 139 22 144 23 147 24 149 25 168 26 3041 27 3043 28 3045 29 3047 30 3050 31 3053 32 3055 33 3058 34 3060 35 3063 36 178 37 3065 38 180 39 3077 40 3080 41 3082 42 3084 43 3087 44 184 45 380 46 3090 47 3092 48 383 49 384 50 3095 51 3097 52 3099 53 3101 54 388 55 3103 56 389 57 390 58 407 59 3104 60 409 61 3106 62 3110 63 3112 64 3115 65 3117 66 411 67 413 68 3120 69 423 70 425 71 429 72 430 73 3131 74 3133 75 3135 76 3138 77 3140 78 3142 79 3144 80 3152 81 436 82 444 83 3155 84 3158 85 3159 86 3162 87 3164 88 3166 89 3169 90 454 91 459 92 460
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93 462 94 469 95 473 96 477 97 3171 98 480 99 486 100 3172 101 487 102 3174 103 3177 104 3179 105 3181 106 3184 107 490 108 3186 109 3189 110 3192 111 3196 112 3197 113 3199 114 3202 115 3212 116 3221 117 3223 118 3225 119 494 120 496 121 497 122 500 123 504 124 508 125 510 126 516 127 517 128 518 129 3227 130 521 131 527 132 3231 133 3243 134 3245 135 528 136 3247 137 3249 138 3251 139 3254 140 3257 141 3258 142 3259 143 3261 144 3262 145 3264 146 3267 147 529 148 3269 149 3278 150 3279 151 530 152 531 153 3280 154 532 155 3281 156 533 157 534 158 535 159 536 160 537 161 3282 162 538 163 3283 164 3284 165 539 166 3285 167 540 168 541 169 3286 170 3287 171 3298 172 3302 173 542 174 3304 175 3307 176 544 177 3308 178 545 179 3309 180 3310 181 546 182 547 183 3311 184 3325 185 3327 186 3343 187 3345 188 3348 189 3351 190 3354 191 3356 192 3359
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193 3363 194 3366 195 3369 196 3371 197 3374 198 3377 199 3379 200 3381 201 3383 202 3387 203 3418 204 3428 205 3442 206 3444 207 3446 208 3450 209 3452 210 3464 211 3467 212 3470 213 3472 214 3474 215 548 216 3477 217 3480 218 3482 219 3486 220 3489 221 3491 222 3501 223 3535 224 3537 225 3538 226 3544 227 3546 228 3549 229 3551 230 3553 231 3558 232 3569 233 3574 234 3575 235 3577 236 3580 237 3581 238 3583 239 3586 240 551 241 3591 242 3594 243 3597 244 3626 245 3630 246 3632 247 3635 248 3638 249 3643 250 3645 251 3656 252 3658 253 3661 254 3663 255 3666 256 3668 257 3673 258 3675 259 3677 260 3689 261 3691 262 3694 263 3696 264 552 265 3697 266 3700 267 3703 268 3708 269 3710 270 3713 271 553 272 3716 273 3719 274 3721 275 3724 276 3726 277 3728 278 3731 279 3733 280 3736 281 3739 282 3743 283 3746 284 3776 285 3779 286 3795 287 3796 288 3798 289 3802 290 3814 291 3816 292 3818
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293 3821 294 3825 295 3828 296 3831 297 3834 298 3846 299 3848 300 3850 301 3853 302 554 303 557 304 593 305 3857 306 3859 307 3862 308 3865 309 3868 310 3870 311 3873 312 3875 313 3877 314 3881 315 3883 316 3886 317 3894 318 3897 319 3899 320 3902 321 3904 322 3907 323 3911 324 594 325 3913 326 3915 327 3918 328 3920 329 3922 330 3925 331 3927 332 3930 333 3933 334 3935 335 3937 336 3941 337 3943 338 3945 339 3948 340 3950 341 3952 342 3955 343 595 344 3957 345 3960 346 3962 347 3964 348 3966 349 3969 350 3972 351 3977 352 3979 353 3982 354 3984 355 3987 356 3991 357 3993 358 3995 359 3997 360 3999 361 4001 362 4004 363 4006 364 4011 365 4014 366 4016 367 4018 368 4019 369 4021 370 4024 371 4027 372 4031 373 4041 374 4046 375 4059 376 4061 377 4064 378 4067 379 4069 380 4072 381 4075 382 4077 383 4079 384 4082 385 4084 386 4086 387 4088 388 4090 389 4092 390 4094 391 4098 392 4101
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393 4104 394 4106 395 4108 396 4111 397 4113 398 4117 399 4120 400 4122 401 4124 402 4126 403 4129 404 4131 405 4135 406 4137 407 4140 408 4143 409 4157 410 4161 411 4163 412 4166 413 4168 414 4172 415 4174 416 4176 417 4178 418 4181 419 4184 420 4186 421 4189 422 4191 423 4193 424 4196 425 4198 426 4201 427 4204 428 4206 429 4210 430 597 431 4212 432 4219 433 4221 434 4223 435 4226 436 4228 437 4230 438 4232 439 4234 440 4237 441 599 442 4238 443 601 444 4239 445 4241 446 602 447 4242 448 4243 449 4245 450 604 451 4247 452 4251 453 4253 454 4255 455 4257 456 4260 457 4262 458 4264 459 4267 460 4269 461 4272 462 4274 463 4277 464 4279 465 4282 466 4284 467 4287 468 608 469 610 470 611 471 615 472 617 473 619 474 621 475 622 476 623 477 624 478 625 479 626 480 633 481 634 482 636 483 637 484 638 485 639 486 640 487 643 488 644 489 649 490 652 491 4289 492 654
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493 655 494 656 495 657 496 660 497 662 498 663 499 667 500 668 501 672 502 673 503 676 504 677 505 681 506 682 507 683 508 684 509 685 510 687 511 688 512 690 513 692 514 693 515 694 516 696 517 698 518 699 519 700 520 702 521 703 522 704 523 705 524 706 525 4299 526 710 527 711 528 713 529 714 530 717 531 718 532 726 533 729 534 730 535 732 536 733 537 735 538 753

539 755 540 756 541 760 542 763 543 766 544 767 545 769 546 770 547 774 548 4301 549 775 550 777 551 778 552 781 553 782 554 784 555 785 556 787 557 789 558 791 559 792 560 796 561 798 562 804 563 805 564 806 565 808 566 809 567 812 568 814 569 817 570 818 571 819 572 822 573 823 574 825 575 828 576 829 577 831 578 833 579 834 580 836 581 838 582 840 583 842 584 844 585 845 586 846 587 848 588 849 589 851 590 852 591 854 592 855

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593 856 594 857 595 862 596 865 597 867 598 868 599 870 600 870 601 872 602 874 603 875 604 876 605 878 606 880 607 883 608 893 609 894 610 895 611 896 612 899 613 900 614 915 615 916 616 917 617 918 618 920 619 921 620 927 621 929 622 931 623 935 624 4302 625 936 626 946 627 947 628 951 629 953 630 955 631 959 632 960 633 962 634 965 635 973 636 976 637 977 638 980 639 983 640 4304 641 985 642 986 643 987 644 991 645 996 646 4331 647 4335 648 998 649 1003 650 4339 651 1004 652 1006 653 4342 654 4344 655 1008 656 1009 657 1010 658 1016 659 1017 660 1019 661 1020 662 1022 663 1024 664 1026 665 1027 666 4346 667 4350 668 4360 669 4362 670 1029 671 4364 672 4370 673 1034 674 1036 675 1232 676 4373 677 1235 678 1238 679 4376 680 4381 681 1241 682 1244 683 1254 684 1256 685 4386 686 4393 687 4404 688 4451 689 4454 690 4463 691 4470 692 4502

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693 1258 694 4531 695 1265 696 4535 697 4545 698 4576 699 4587 700 1266 701 4591 702 4594 703 4597 704 4609 705 4645 706 4670 707 4688 708 4697 709 4713 710 4719 711 4722 712 4734 713 4743 714 1267 715 4750 716 4756 717 4759 718 4763 719 4794 720 4807 721 4810 722 4815 723 4821 724 4829 725 4831 726 4843 727 4846 728 4860 729 4870 730 4872 731 4875 732 1269 733 1306 734 1311 735 1315 736 1318 737 1320 738 1325 739 1327 740 1329 741 1330 742 1331 743 1334 744 1336 745 1354 746 4885 747 1366 748 1377 749 1378 750 1380 751 1383 752 1385 753 1386 754 1390 755 1392 756 1393 757 1394 758 1396 759 1417 760 1419 761 1420 762 1421 763 1422 764 1425 765 1429 766 1430 767 1433 768 1434 769 1436 770 1439 771 1441 772 1445 773 1447 774 1450 775 1456 776 1457 777 1549 778 1550 779 1552 780 1554 781 1565 782 1566 783 1570 784 1576 785 1578 786 4914 787 1581 788 1583 789 1585 790 1587 791 1703 792 1716

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793 1718 794 1728 795 1739 796 1740 797 1741 798 1744 799 1758 800 1759 801 1779 802 1789 803 1795 804 1797 805 1798 806 1801 807 1802 808 1803 809 1808 810 1809 811 1814 812 1815 813 1826 814 1828 815 1853 816 1856 817 1857 818 1887 819 1888 820 1889 821 1892 822 1894 823 1898 824 1903 825 4918 826 1906 827 4922 RESOLUTIONS BY NUMBER 1 2A 2 134 3 136 4 137 5 421 6 1458 7 4890 8 1461 9 1469 10 1470 11 1472 12 1474 13 1477 14 1480 15 1481 16 1483 17 1485 18 1487 19 1489 20 1491 21 1492 22 1495 23 1496 24 1498 25 4891 26 4892 27 4893 28 1499 29 1502 30 1504 31 1508 32 1510 33 1512 34 4894 35 1515 36 1517 37 4895 38 1521 39 4896 40 4897 41 4899 42 4900 43 1525 44 1528 45 4901 46 1529 47 1532 48 4903 49 1533 50 1534 51 4904 52 1536 53 4905 54 4906

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55 4907 56 4908 57 4909 58 1538 59 1539 60 4910 61 1540 62 4911 63 1543 64 1545 65 4913 66

1547 67 1909 68 1911 69 1913 70 1914 71 1916 72 1917 73 1920 74 1921 75 1923 76 1926 77 1928

78 1931 79 1933 80 1934 81 1568 82 1849 83 1850 BILLS AND RESOLUTIONSACT NUMBER

REFERENCES

3 817 4 732 5 208 6 209 8 787 15 818 16 4 17 18 18 733 23 788 26 468 29

469 30 470 32 5 34 55 35 21 39 471 40 472 41 1 42 45 47 473 50 474 51 210 53 475 54 779 57

211 58 Veto 5 59 94 63 217 64 476 67 477 68 734 69 218 70 219 72 478 77 220 80 479 87 780 93

480 101 481 102 482 103 483 104 484 109 485 114 6 121 56 122 24 123 735 124 486 126 487 128

488 129 489 130 Veto 6 131 789 132 95 136 790 139 38 143 673

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149 490 150 221 151 7 152 125 161 791 162 44 163 674 164 491 167 791 169 492 179 96 181 493 182 90 184 494 185 495 186 496 187 222 188 736 189 223 195 22 196 23 197 792 198 8 199 497 200 819 201 57 202 67 203 498 204 9 205 499 206 500 207 737 208 126 210 131 211 781 213 501 215 224 216 225 217 502 219 503 220 738 221 504 227 505 229 226 230 506 231 507 235 508 237 771 241 509 247 510 249 815 250 820 253 511 254 512 257 772 260 227 261 216 263 513 265 10 266 97 267 215 269 68 270 58 271 675 272 Veto 12 273 676 274 514 275 515 276 516 277 517 278 773 279 518 280 519 281 520 283 821 286 822 287 739 292 677 293 214 294 213 295 212 299 521 301 11 302 12 303 228 306 522 309 303 310 229 314 740 317 678 319 523 323 524 324 98 330 525 331 679 332 230 333 680 338 232 339 66 343 526
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345 741 346 36 348 233 349 236 351 237 359 527 360 528 362 529 369 235 372 530 374 234 377 Veto 7 378 531 383 532 385 239 395 99 396 91 397 533 402 127 403 534 405 793 406 794 410 795 411 796 413 797 414 535 415 536 416 537 420 681 421 682 422 782 423 538 424 539 426 69 427 540 428 541 429 542 431 238 432 Veto 8 433 543 439 240 441 241 446 544 447 242 448 243 449 244 450 100 452 245 453 545 457 683 459 546 461 246 462 247 465 13 466 14 467 15 468 248 469 547 470 249 472 250 473 231 474 548 475 549 476 550 478 551 479 59 481 552 483 101 486 553 488 554 489 555 490 556 491 73 492 74 493 16 494 17 495 251 496 557 497 252 498 253 499 254 500 255 502 742 508 256 509 257 510 258 511 259 515 558 517 260 518 261 519 262 520 46 521 684 523 263 525 559 527 264 528 60 531 560 536 685 537 92
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538 61 539 265 540 561 543 266 544 267 545 798 546 562 549 563 551 564 552 268 554 799 556 785 562 269 564 270 566 28 567 29 568 30 569 31 574 800 575 823 576 565 579 271 581 272 582 686 585 566 586 273 587 274 588 275 590 567 591 276 592 277 593 278 594 279 595 568 598 102 599 103 600 104 601 105 602 106 604 569 606 280 607 47 613 687 617 32 618 33 619 743 620 34 621 35 624 39 631 281 633 570 635 40 639 Veto 9 642 282 643 571 651 744 653 824 656 572 658 688 659 283 661 75 662 107 663 76 664 77 665 78 667 284 668 285 669 286 670 689 671 287 673 288 675 289 676 290 679 291 680 292 681 293 682 294 683 295 684 296 685 573 687 108 688 690 693 574 699 297 700 298 701 299 702 691 703 692 704 41 705 42 706 43 707 300 709 301 710 302 711 62 712 79 713 80 714 63 715 109 716 575
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718 745 719 304 721 37 725 305 726 306 727 307 729 308 730 693 734 801 736 309 738 576 740 577 741 578 744 579 745 93 746 580 749 310 750 110 751 81 752 313 753 314 754 311 755 312 756 315 757 316 758 581 759 317 760 318 761 319 762 320 763 321 764 694 765 322 766 323 771 695 772 746 775 324 776 325 777 64 778 696 785 326 786 327 787 697 788 698 790 328 791 329 792 65 793 825 794 330 798 331 799 332 800 333 801 334 804 335 805 336 806 337 808 338 809 339 810 699 811 340 812 700 815 701 816 82 818 341 820 342 821 111 822 747 825 343 827 344 828 345 829 346 830 347 831 348 832 826 834 582 835 349 836 702 837 350 838 112 839 351 840 353 841 352 850 83 851 583 852 584 859 354 860 355 861 356 862 357 863 358 864 359 865 360 866 361 867 362 868 363 869 364 872 365 873 366 874 367 875 113
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877 703 878 704 882 368 885 369 886 370 887 585 889 371 893 705 894 372 895 706 897 373 900 707 903 586 909 374 910 587 912 375 915 376 916 377 917 827 918 378 919 708 921 379 924 380 925 709 926 381 929 710 932 382 933 383 934 384 935 385 936 386 937 387 938 388 941 389 942 390 947 711 948 84 949 391 950 392 951 712 952 713 954 393 955 394 957 588 958 714 959 129 960 395 962 396 963 397 964 398 965 399 966 400 967 401 968 402 969 403 970 404 971 405 972 406 973 407 974 715 976 408 978 409 979 410 980 411 982 412 983 413 984 414 991 415 996 589 998 416 999 716 1000 417 1001 418 1002 85 1003 86 1004 87 1005 88 1006 89 1007 419 1010 420

1011 421 1012 717 1013 114 1014 423 1016 422 1017 424 1018 786 1019 425 1020 427 1021 Veto 10 1022 426 1023 428 1024 718 1025 429 1026 430 1029 719 1031 431 1032 432 1033 720 1035 721
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1036 722 1037 433 1038 723 1039 434 1040 435 1041 436 1042 437 1044 724 1045 438 1046 725 1053 439 1056 726 1057 440 1058 441 1059 443 1060 442 1061 444 1062 445 1063 Veto 11 1064 446 1065 447 1066 448 1067 727 1068 728 1069 449 1072 450 1076 729 1077 451 1078 730 1079 452 1080 453 1081 454 1082 455 1083 456 1084 457 1085 731 1088 458 1089 459 1090 460 1091 461 1092 462 1093 463 1094 464 1095 465 1096 466 1099 467 1 783 2 590 3 591 9 2 11 48 12 748 13 592 14 70 15 71 17 3 18 593 21 594 23 774 26 115 27 132 29 19 30 595 31 596 32 749 33 750 35 775 36 49 39 597 40 598 41 599 42 600 43 Veto 1 44 601 45 602 48 603 51 604 52 605 54 751 61 777 69 Veto 2 70 778 71 802 79 606 80 607 82 784 84 608 85 803 86 804 87 609 88 133 91 805 93 806 99 807 100 752 101 610 102 808
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105 611 108 816 114 809 115 753 116 612 118 613 120 134 122 614 126 615 127 135 128 50 129 51 130 52 131 136 136 754 138 616 141 617 145 618 146 137 148 810 149 619 151 138 152 620 154 621 155 622 157 Veto 3 159 623 160 124 161 139 164 624 183 625 185 755 189 626 192 140 193 141 196 142 198 627 200 628 202 629 203 630 204 143 205 631 206 632 209 144 210 116 211 145 213 756 214 146 215 757 217 128 218 117 220 633 222 634 223 635 225 636 229 637 231 147 232 118 234 638 237 639 238 758 240 811 241 148 242 20 245 812 246 640 249 25 252 641 257 759 258 149 259 150 260 151 261 152 264 153 265 154 266 155 267 156 268 157 269 158 270 159 271 160 272 161 273 162 274 163 275 164 276 165 277 166 278 167 279 168 280 169 288 813 289 760 290 761 292 119 295 120 298 814 300 170 301 762 302 171 303 172
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304 173 305 642 307 643 309 763 314 174 316 121 319 644 323 776 324 72 328 645 330 646 331 647 332 175 333 176 334 177 335 178 336 179 337 180 338 181 339 54 340 182 341 764 345 183 347 648 348 649 350 184 351 185 352 765 353 Veto 4 354 26 355 27 356 186 357 187 358 188 359 189 360 650 361 190 362 191 363 192 369 651 370 652 371 193 373 654 374 653 375 194 376 53 377 195 381 655 382 656 383 766 385 657 388 658 392 122 393 196 395 659 397 660 401 661 404 197 405 198 407 662 409 767 411 663 412 768 416 769 419 664 420 665 421 199 423 200 424 666 425 201 426 123 427 202 428 203 436 667 437 770 438 668 441 669 444 670 447 671 450 130 452 204 453 672 454 205 455 206 456 207 13 25 21 26 22 27 31 28 42 1 45 29 56 30 59 31 60 2 61 3 62 4 64 32
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65 33 80 34 93 35 108 36 110 37 111 68 CA 113 38 115 82 119 69 CA 141 39 142 70 CA 143 40 144 41 145 42 146 43 147 44 148 45 151 46 154 47 155 48 156 49 161 50 164 51 170 71 CA 192 52 206 72 CA 210 73 CA 213 74 CA 214 53 215 75 CA 216 54 227 83 229 55 230 56 231 57 232 58 245 59 248 60 249 61 251 62 271 76 CA 293 63 302 5 307 77 CA 308 64 329 65 338 78 CA 339 79 CA 356 80 CA 357 66 7 6 20 7 31 8 54 9 60 10 61 81 63 11 66 12 76 13 80 14 85 15 86 67 CA 95 16 106 17 109 18 111 19 119 20 121 21 125 22 129 23 135 24
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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1981 Compiled and Published by Authority of The State
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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1981

EASEMENT TO HARBERT CORPORATION AND ELK RIVER RESOURCES, INC. No. 1 (House Resolution No. 42). A RESOLUTION Authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to Harbert Corporation, an Alabama Corporation, and Elk River Resources, Inc., a Delaware corporation, both authorized to do business in Georgia, their successors and assigns, an easement over, under, across, and through certain property owned or claimed by the State, situate in the Savannah River, Chatham County, Georgia, for the construction, installation, operation, maintenance, repair and replacement of berthing, docking and storage facilities and improvements, including conveyor systems and loading and unloading towers to be used in connection with the receiving, storing, loading and unloading of coal and other materials, to be built over, under, across, or through such State-owned or claimed properties, and authorizing the removal and utilization of material from said State property by Harbert Corporation and Elk River Resources, Inc., their successors and assigns, and for other purposes. WHEREAS, Harbert Corporation and Elk River Resources, Inc.,
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their successors and assigns, propose to construct a coal loading and unloading facility on the Savannah River in Chatham County, Hutchinson Island, Georgia; and WHEREAS, said proposed facilities will include the construction of a receiving, storing and loading/unloading facility requiring berthing, docking, storing and loading/unloading facilities and improvements, including breasting dolphins, piers, warehouses, conveyor systems, and loading/unloading towers and appurtenances thereto located partially on lands owned or claimed by the State, and Harbert Corporation and Elk River Resources, Inc., their successors and assigns, desire a long-term easement from the State over such lands in order to construct, operate, and maintain said facilities; and WHEREAS, the property is all that tract or parcels of land lying and being in the County of Chatham, Georgia, being more particularly described and shown on a certain 1980 plat of survey prepared by Roy Hussey, Georgia Registered Land Surveyor No. 1212, entitled Plat of Survey Showing the Area Between the Ordinary High Water Line and the North Edge of the Savannah River Adjacent to the South Side of Hutchinson Island, Chatham County, Georgia (last revised 12-24-80) on file in the offices of the State Properties Commission and the Department of Natural Resources; and WHEREAS, the Georgia Department of Natural Resources, in association with the State Properties Commission, will review the applications of Harbert Corporation and Elk River Resources, Inc., their successors and assigns, and, upon a determination that all proposed facilities comply with the standards as set forth in the laws, rules, and regulations administered by the Department of Natural Resources, will issue any and all permits and other approvals that may be necessary to construct, operate, and maintain said facility in the location of the easement area and on adjacent lands, and which facility is also subject to a U.S. Army Corps of Engineers permit; and WHEREAS, the grant of such easement by the General Assembly of Georgia would be in the public interest, and the State of Georgia is willing to grant and convey an irrevocable easement and convey certain river bottom material in the construction of the harbor basin in consideration of the monetary sum specified herein and for the further consideration of the easement containing such terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia.
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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: that for and in consideration of the premises and the payment into the General Treasury of the State of Georgia of the sum of Five Thousand Dollars ($5,000), the State of Georgia, acting by and through the State Properties Commission, is hereby authorized to convey to Harbert Corporation, an Alabama corporation, and Elk River Resources, Inc., a Delaware corporation, both authorized to do business in Georgia, and the successors and assigns of either or both, an easement with the right and privilege to use, occupy, employ and enjoy for the purposes of constructing, operating and maintaining a receiving, storing, loading and unloading facility, and for installing, repairing, and removing piers, docks, dolphins, pilings, appurtenances thereto and all facilities and improvements that shall be reasonably necessary for or in connection therewith on the property identified as Parcel A on the hereinbefore described plat of survey, and for dredging the river bottom and the intertidal area of the Savannah River on the property identified as Parcel B on the hereinbefore described plat of survey, in the construction and operation of the facility, subject always to the initial and continuing compliance by Harbert Corporation and Elk River Resources, Inc., their successors and assigns, with all applicable laws pertaining to the subject matter hereof and the properties affected hereby, and subject always to the use and enjoyment by the public of any navigable waters involved herein, over, under, upon and across the hereinabove described property. BE IT FURTHER RESOLVED, that Harbert Corporation and Elk River Resources, Inc., and the successors and assigns of either or both, are authorized to utilize materials removed from the river bottom of the Savannah River in construction of said facility in accordance with the plans and specifications attached to the application to the U. S. Army Corps of Engineers for such

consideration as the State Properties Commission shall determine to be in the best interests of the State of Georgia but in no case to be less than Two Hundred Fifty Dollars ($250). BE IT FURTHER RESOLVED, that said easement is made only for the purposes aforesaid and shall continue only so long as Harbert Corporation and Elk River Resources, Inc., and the successors or
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assigns of either or both, continue to maintain and operate said facilities, and should said facilities be permanently abandoned or the use thereof permanently discontinued, said easement shall terminate. Approved February 20, 1981. Compiler's Note: The placement of Resolution No. 1 (House Resolution No. 42) on page 2A resulted from furnishing the Code Revision Commission with the page number that Act No. 2 (Senate Bill No. 9) would appear on at as early a date as possible in order to facilitate the completion of the Commission's work.
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DESIGNATED ACTS BASED UPON POPULATION CLASSIFICATIONS REPEALED. No. 2 (Senate Bill No. 9). AN ACT To provide for and assist in statutory and Code revision by the repeal of certain obsolete and superseded laws based upon classifications of population; to provide legislative intent; to repeal specific 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) It is the intent of this Act to assist in the current effort to revise the Code of Georgia by repealing a series of obsolete Acts which have in common the fact that they are based upon classifications of population. After extensive review by the General Assembly and the Office of Legislative Counsel and after consultations with appropriate local officials, the General Assembly has found and hereby declares that the comprehensive repeal of these Acts is appropriate and desirable in the interest of responsible and timely statutory and Code revision. (b) It is not the intent of this Act to revive any Act or law which has been expressly or impliedly repealed prior to the effective date of this Act. Section 2. Laws repealed. The following laws, as amended, are hereby repealed in their entirety: (1) An Act relating to separate or in bank proceedings by two or more superior court judges in certain counties, approved September 29, 1879 (Ga. Laws 1878-79, p. 149), as amended by an Act approved December 24, 1886 (Ga. Laws 1886, p. 34). (2) An Act amending Section 3910(b) of the Code of 1882 so as to provide for annual revision of the jury list in certain counties, approved August 18, 1887 (Ga. Laws 1886-87, p. 31). (3) An Act to require the superior court clerks of certain counties to keep separate civil and criminal minute books or dockets, approved November 13, 1889 (Ga. Laws 1888-89, v. II, p. 99).
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(4) An Act fixing the venue of Justice Courts in cities of this State having a population of over fifteen thousand, and locating the times and places of holding said courts, approved November 11, 1889 (Ga. Laws 1888-89, p. 116), as amended by an Act approved December 20, 1893 (Ga. Laws 1893, p. 55). (5) An Act authorizing the appointment of special bailiffs by the judges in certain counties approved December 12, 1892 (Ga. Laws 1892, p. 99), as amended by an Act approved December 1, 1893 (Ga. Laws 1893, p. 107) and an Act approved December 1, 1893 (Ga. Laws 1893, p. 108). (6) An Act to authorize the appointment in each of the counties of this State which have a population of forty thousand or more of a competent Physician to the coroner, approved December 9, 1893 (Ga. Laws 1893, p. 111). (7) An Act vesting the management and care of all jails and persons confined therein under the control of the county commissioners in counties where there is located a city of a population of 64,000 and over, approved December 16, 1895 (Ga. Laws 1895, p. 81). (8) An Act amending section 815 of the third volume of the Code of Georgia of 1895, relating to revision of jury lists, so as to provide for annual revision on the order of the judge of superior court in certain counties, approved December 8, 1897 (Ga. Laws 1897, p. 40). (9) An Act authorizing Boards of County Commissioners, in their discretion, to provide court rooms for Justices' courts held in cities whose population is not less than sixty thousand, approved December 21, 1897 (Ga. Laws 1897, p. 51). (10) An Act to provide for the employment of Inspectors of Roads and Bridges for all counties in this State having a population of more than seventy-five thousand people; and for other purposes, approved December 8, 1899 (Ga. Laws 1899, p. 89) as amended by an Act approved December 18, 1902 (Ga. Laws 1902, p. 104). (11) Section 808 of the Penal Code of 1910, providing for the appointment of special criminal bailiffs by the solicitor generals of certain counties, and the following Acts amendatory of said Section: An Act approved August 5, 1929 (Ga. Laws 1929, p. 177), an Act
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approved August 24, 1929 (Ga. Laws 1929, p. 181), an Act approved March 28, 1935 (Ga. Laws 1935, p. 115), an Act approved March 31, 1937 (Ga. Laws 1937, p. 498), an Act approved March 30, 1937 (Ga. Laws 1937, p. 790), an Act approved February 8, 1938 (Ga. Laws 1937-38, p. 920), an Act approved March 18, 1943 (Ga. Laws 1943, p. 1137), an Act approved March 9, 1945 (Ga. Laws 1945, p. 1148), an Act approved February 25, 1949 (Ga. Laws 1949, p. 2089), an Act approved February 21, 1951 (Ga. Laws 1951, p. 632), an Act approved February 21, 1951 (Ga. Laws 1951, p. 794), an Act approved February 27, 1956 (Ga. Laws 1956, p. 2612), an Act approved February 20, 1953 (Ga. Laws 1953, p. 2476), an Act approved March 13, 1957 (Ga. Laws 1957, p. 3230), and an Act approved March 17, 1960 (Ga. Laws 1960, p. 832). (12) An Act requiring the Secretary of State, upon request by the governing authority of all cities having a population of 5,000 or more (no census figure) to have a census of such city conducted at city expense, approved November 24, 1896 (Ga. Laws 1896, p. 72). (13) An Act providing for the establishment of reformatory prisons for persons under 16 years of age who are convicted of misdemeanors or ordinance violations in all counties and municipalities having a population of 30,000 approved December 19, 1893 (Ga. Laws 1893, p. 120). (14) An Act regulating the practice and procedure of justice courts in cities of sixty thousand or more, approved December 12, 1901 (Ga. Laws 1901, p. 56). (15) An Act amending Section 739 of the Code of Georgia of 1895, relating to the eligibility of councilmen and aldermen for election to other municipal office, to make provision for cities of more than 80,000, approved November 15, 1902 (Ga. Laws 1902, p. 40). (16) An Act regulating the practice and procedure of justice courts in cities of 75,000 or more, approved December 17, 1902 (Ga. Laws 1902, p. 103), as amended by an Act approved August 19, 1911 (Ga. Laws 1911, p. 66). (17) An Act regulating the compensation of elective justices of the peace in the militia districts of this State located in cities now having or which may hereafter have a population not less than fiftyfour thousand (54,000) nor more than eighty thousand (80,000)
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inhabitants where any such city has within its corporate limits not more than three militia districts, approved August 22, 1907 (Ga. Laws 1907, p. 116). (18) An Act providing that nominees in primary elections shall receive a majority of votes cast to be nominated in cities having a population of 75,000 and upwards, approved August 22, 1907 (Ga. Laws 1907, p. 98). (19) An Act to regulate the salaries of stenographic reporters of all Judicial Circuits of this State having, or that may hereafter have therein a city with a population of not less than 23,000 nor more than 39,000 inhabitants, according to the United States census of 1900; and for other purposes; approved August 10, 1909 (Ga. Laws 1909, p. 172). (20) An Act to amend Section 5989, Volume 1, of the Code adopted August 15, 1910, providing for the compensation of stenographic reporters in counties having cities of certain inhabitants; and for other purposes, approved July 24, 1912 (Ga. Laws 1912, p. 72). (21) An Act to provide compensation for deputy sheriffs and bailiffs of the superior and city courts in counties in this State having therein cities with a population of not less than fifty thousand and not more than seventy-five thousand inhabitants, approved November 27, 1902 (Ga. Laws 1902, p. 99), as amended by an Act approved August 15, 1907 (Ga. Laws 1907, p. 110). (22) An Act to regulate the salaries of judges of the superior courts of all the judicial circuits of this State having or that may hereafter have therein a city with a population of not less than 54,000, nor more than 75,000 inhabitants, approved August 6, 1904 (Ga. Laws 1904, p. 73), as amended by an Act approved August 15, 1905 (Ga. Laws 1905, p. 90) and an Act approved July 31, 1906 (Ga. Laws 1906, p. 56). (23) An Act providing compensation to stenographic reporters of all city courts in counties of this State having, or that may hereafter have, therein a city with a population of not less than 54,000 nor more than 75,000 inhabitants; and for other purposes, approved August 23, 1905 (Ga. Laws 1905, p. 98). (24) An Act to regulate the salaries of stenographic reporters of all the judicial circuits of this State having, or that may hereafter
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have, therein a city with a population of not less than 54,000 nor more than 75,000 inhabitants, and of those counties which have cities therein of not less than 23,000 nor more than 39,000 inhabitants; and for other purposes, approved August 16, 1905 (Ga. Laws 1905, p. 99), as amended by an Act approved August 16, 1907 (Ga. Laws 1907, p. 114). (25) An Act to fix the salary of the judges of the city courts of the State in counties where there are cities having a population of not less than 39,000 nor more than 75,000, approved August 15, 1905 (Ga. Laws 1905, p. 100), as amended by an Act approved July 31, 1906 (Ga. Laws 1906, p. 58). (26) An Act to require the cost of the transcript of the record in civil cases to be paid to the clerks of the city and superior courts in counties having therein a city of not less than 54,000 people, nor more than 80,000 people, before said clerk shall be required to make out or forward the transcript to the Supreme Court, approved August 22, 1905 (Ga. Laws 1905, p. 105). (27) An Act to provide compensation for the deputy jailers and jail guards in counties in the State having therein cities with a population of not less than fifty thousand

and not more than seventy-five thousand inhabitants, approved August 7, 1907 (Ga. Laws 1907, p. 115). (28) An Act to authorize the Judges of the City Courts of this State, located in counties where there are cities having a population of not less than 54,000, nor more than 75,000, to appoint special bailiffs, approved August 10, 1908 (Ga. Laws 1908, p. 110). (29) An Act to delegate to counties having therein a city with a population of not less than 54,000 nor more than 75,000 inhabitants full power and authority over sanitation within their limits outside of the corporate limits of the municipality, approved August 14, 1909 (Ga. Laws 1909, p. 135). (30) An Act to fix and regulate fees for Justices of the Peace of Militia Districts of this State which are now or may hereafter be located within the corporate limits of cities having a population of not less than 54,000 and not more than 80,000 inhabitants, approved August 14, 1909 (Ga. Laws 1909, p. 175).
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(31) An Act to authorize any county in this State having within it a city with a population of not less than 54,000 nor more than 75,000 inhabitants to lay out, establish, construct, maintain, control, regulate, reopen, repair, improve, widen, use, protect, and discontinue a system of drainage or any part thereof, approved August 16, 1909 (Ga. Laws 1909, p. 178). (32) An Act to fix and regulate fees for constables of the Militia Districts of this State which are now or may hereafter be located within the corporate limits of cities having a population of not less than 54,000 and not more than 80,000 inhabitants, approved August 14, 1909 (Ga. Laws 1909, p. 182). (33) An Act requiring the governing authorities of all counties of the State having therein a city with a population of not less than ten thousand nor more than twelve thousand according to the United States Census of 1900, to pay to the officers of the Superior Court and City Court for convicts sent up by the said courts and worked in each case, approved August 13, 1910 (Ga. Laws 1910, p. 118). (34) An Act to provide for duration of sentences of persons under sixteen years of age convicted of misdemeanors in certain counties, approved December 17, 1901 (Ga. Laws 1901, p. 82). (35) An Act to provide for the payment of the premiums on bonds for county treasurers in counties having a population of seventy-five thousand and over, approved August 13, 1904 (Ga. Laws 1904, p. 96), as amended by an Act approved August 15, 1923 (Ga. Laws 1923, p. 52). (36) An Act to fix the compensation of commissioners of roads and revenues in all counties having a population of seventy-five (75,000) thousand people, or over, approved August 13, 1904 (Ga. Laws 1904, p. 96). (37) An Act making the clerk of the board of commissioners the county auditor in all counties having a board of commissioners and having also within their territories a city of more than 85,000 approved August 21, 1905 (Ga. Laws 1905, p. 107). (38) An Act to regulate the compensation of judges of the superior court for services rendered outside of their own circuits in those judicial circuits of this State having therein a city with a
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population of not less than 75,000 inhabitants, according to the census of 1900, approved August 18, 1906 (Ga. Laws 1906, p. 57). (39) An Act prohibiting the operation of dance halls or places of public amusement for profit beyond the limits of any municipality in any county having a population of 80,000 or more, without the consent of one-half of freeholders within two miles of the hall, approved July 9, 1906 (Ga. Laws 1906, p. 123). (40) An Act providing an additional system of indexes for deed and mortgage records in certain counties, approved August 22, 1907 (Ga. Laws 1907, p. 109). (41) An Act authorizing the Commissioners of Roads and Revenues in counties having a population of 75,000 or more according to the last United States census, to appropriate money for charitable homes for indigent old women, approved August 22, 1907 (Ga. Laws 1907, p. 109). (42) An Act to provide for fixing the salaries of county treasurers of counties having a population of 75,000 or over, approved August 22, 1907 (Ga. Laws 1907, p. 111). (43) An Act regulating the fees of justices and constables in counties containing a population of one hundred and fifteen thousand or more inhabitants, approved August 22, 1907 (Ga. Laws 1907, p. 112). (44) An Act to authorize the appointment of special bailiffs by the judges of superior courts of certain counties, approved August 17, 1908 (Ga. Laws 1908, p. 43). (45) An Act authorizing the authorities of counties of this State having a population over 90,000 to elect or appoint county police, approved August 16, 1909 (Ga. Laws 1909, p. 156). (46) An Act to authorize County Commissioners, in counties having one hundred and twenty-five thousand inhabitants, or over, to condemn land for certain road purposes; and for other purposes, approved August 10, 1910 (Ga. Laws 1910, p. 79). (47) An Act providing for the payment, by counties in this State having a population, according to the Census of 1900, of not less than
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24,890 nor more than 24,995, and in counties having populations of not less than 22,625, nor more than 22,675, of actual cost incurred in the Superior Courts and City Courts for the trial and conviction of misdemeanor convicts worked by the

said counties upon the public roads of same, approved August 13, 1910 (Ga. Laws 1910, p. 81), as amended by an Act approved August 16, 1915 (Ga. Laws 1915, p. 34), an Act approved August 15, 1921 (Ga. Laws 1921, p. 241), an Act approved July 28, 1923 (Ga. Laws 1923, p. 85), an Act approved August 11, 1922 (Ga. Laws 1922, p. 94), and an Act approved March 1, 1933 (Ga. Laws 1933, p. 126). (48) An Act to regulate the compensation of official stenographic reporters of the superior courts in all counties in this State having cities with a population of not less than 39,000 nor more than 54,000 inhabitants, approved August 18, 1906 (Ga. Laws 1906, p. 58), as amended by an Act approved July 31, 1918 (Ga. Laws 1918, p. 229) and an Act approved August 27, 1931 (Ga. Laws 1931, p. 243). (49) An Act to provide for the appointment of stenographic reporters of city courts in counties having therein a city of not less than 39,000 nor more than 54,000 inhabitants, and for other purposes, approved August 20, 1906 (Ga. Laws 1906, p. 59), as amended by an Act approved July 31, 1918 (Ga. Laws 1918, p. 228). (50) An Act fixing the time for the election of officers of cities having a population of not less than 50,000 nor more than 75,000 according to the census of the United States, approved December 17, 1902 (Ga. Laws 1902, p. 109). (51) An Act authorizing the governing authority of all municipalities having a population of not less than 54,000 nor more than 75,000 to establish and maintain, either alone or in connection with county authorities, prison farms for juveniles and persons convicted in municipal or state courts, approved August 14, 1908 (Ga. Laws 1908, p. 76), as amended by an Act approved August 16, 1909 (Ga. Laws 1909, p. 185). (52) An Act authorizing the municipal authorities of any city having a population of not less than 54,000 and not more than 75,000 to establish sanitariums for tuberculosis patients, approved August 16, 1909 (Ga. Laws 1909, p. 137), as amended by an Act approved August 19, 1918 (Ga. Laws 1918, p. 112).
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(53) An Act to regulate the publication of all legal advertisements in all counties of this State having a population according to the census of 1900, of not less than 20,400 and not more than 20,500, approved August 17, 1908 (Ga. Laws 1908, p. 92). (54) An Act to provide for the marking out, defining and reestablishing the boundary line between counties of a certain class in this State, approved August 17, 1908 (Ga. Laws 1908, p. 96). (55) An Act to amend section 4102 of volume 2, Code of 1895, by striking the words United States census, in the fourth line of said section, and inserting in lieu thereof the words last authorized census of said city, approved August 21, 1906 (Ga. Laws 1906, p. 44). (56) An Act to require the sheriffs of the several counties of this State to purchase, or have the same purchased, not less than two nor more than four well trained trackhounds or other dogs suitable for the purpose to track and catch criminals, approved August 22, 1905 (Ga. Laws 1905, p. 106). (57) An Act to provide that in counties having a population of one hundred and twenty-five thousand (125,000) or more, the power shall be vested in the Board of County Commissioners, or the Ordinary in the event there be no such Board, to grant or refuse permission to establish cemetaries, sanitariums, hospitals and similar institutions, approved August 9, 1910 (Ga. Laws 1910, p. 130). (58) An Act fixing the compensation of guards, turnkeys and other employees in and about the jails in counties now having or which may hereafter have therein a city containing a population of not less than sixty-five thousand and not more than one hundred thousand and for other purposes, approved August 19, 1911 (Ga. Laws 1911, p. 197). (59) An Act to provide that in all counties of this State, now or hereafter having a population of not less than 75,000 and not more than 125,000, the Clerks of the Superior Court thereof shall keep suitable books for the recordation of maps, plans, surveys, subdivisions, and drawings of land, lot subdivision, and surveys, approved August 16, 1913 (Ga. Laws 1913, p. 79). (60) An Act authorizing county authorities of counties having a city therein with a population of not less than 60,000 nor more than
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150,000 to establish a system of registration, approved August 11, 1915 (Ga. Laws 1915, p. 54). (61) An Act to regulate the salaries of the Deputy Sheriffs and Bailiffs in counties containing a population of not less than 75,000 and not more than 125,000 population, approved August 8, 1918 (Ga. Laws 1918, p. 143). (62) An Act to regulate the salaries of jailers, guards, turnkeys, and other jail employees in counties having a population of not less than 75,000 nor more than 125,000 inhabitants, approved August 12, 1918 (Ga. Laws 1918, p. 167). (63) An Act to amend Code Section 2662, and for other purposes, approved August 18, 1919 (Ga. Laws 1919, p. 94). (64) An Act to specify fees of justices of the peace, approved August 12, 1919 (Ga. Laws 1919, p. 99). (65) An Act to establish fees of constables, approved August 4, 1919 (Ga. Laws 1919, p. 101). (66) An Act to establish a County Board of Education in the several counties of this State, which had, according to the United States Census of 1910, a population of not less than twenty-three thousand (23,000), and not exceeding twenty-four thousand (24,000) in which the county seat of the county shall be an incorporated city or town of a population, according to said Census, of not less than fourteen thousand and five hundred and not more than fifteen thousand (15,000) in which there is an established local school system, approved August 19, 1912 (Ga. Laws 1912, p. 162). (67) An Act to provide for the change of county lines between the counties of this State having a

population of not less than sixteen thousand, four hundred and twenty-two and not more than sixteen thousand, four hundred and twenty-four, and counties having a population of not less than nineteen thousand, one hundred and forty-six and not more than nineteen thousand, one hundred and forty-eight, according to the census of the U. S. Government, approved August 19, 1911 (Ga. Laws 1911, p. 183). (68) An Act to provide the same fees as provided for Constables in certain cities be collectible by Constables of Militia Districts in
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cities of not less than 5,790 and not more than 6,000 inhabitants, according to the United States census, approved August 19, 1918 (Ga. Laws 1918, p. 136). (69) An Act to provide for the fees of Justices of the Peace and Notaries Public, who are ex-officio Justices of the Peace, of the Militia Districts of this State, who are now or may hereafter be located within the corporate limits of cities having a population of not less than 5,790 nor more than 6,000 inhabitants, according to the census reports of the United States, approved August 19, 1918 (Ga. Laws 1918, p. 169). (70) An Act fixing the salaries of certain public officers in each county in the State having a population of more than 100,000 approved August 22, 1911 (Ga. Laws 1911, p. 186). (71) An Act to fix the compensation of the bailiffs of the city courts in certain counties, approved August 9, 1912 (Ga. Laws 1912, p. 104). (72) An Act to amend Section 2584 of the Code, as the same stands amended by an Act approved August 10, 1910 entitled an Act to amend Section 2166 of the Code, as the same stands amended by the Act of 1903, etc., so as to provide that the forfeitures of said section shall not be applicable to a company heretofore or hereafter incorporated to build a road to run for its entire length in one county only, with a terminus in a city of more than eighty-nine thousand (89,000) population by any census heretofore or hereafter taken, approved August 19, 1913 (Ga. Laws 1913, p. 52). (73) An Act to amend Section 1131, of Vol. II, Code of 1910 excepting counties containing cities of over 150,000 population from the provisions of said section, and authorizing county commissioners in the excepted counties to fix the compensation of court reporters; and for other purposes, approved August 14, 1914 (Ga. Laws 1914, p. 63). (74) An Act to fix the compensation of the bailiffs of the city courts in certain counties, approved August 17, 1914 (Ga. Laws 1914, p. 70). (75) An Act relating to law libraries in all counties having a population of 100,000 or more, as fixed by the United States census,
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approved August 14, 1915 (Ga. Laws 1915, p. 49), as amended by an Act approved August 17, 1918 (Ga. Laws 1918, p. 170); an Act approved August 20, 1923 (Ga. Laws 1923, p. 127); and an Act approved March 27, 1941 (Ga. Laws 1941, p. 396). (76) An Act allowing registration of voters other than in district of residence in districts in which is located a town or city with a population not exceeding 10,000 and in counties having a population not exceeding 45,000 by the U.S. Census of 1910, approved August 18, 1919 (Ga. Laws 1919, p. 272). (77) An Act to prescribe and fix the compensation of Deputy Clerks of the Superior Courts in counties having a population of two hundred twenty-five thousand or more, approved August 7, 1920 (Ga. Laws 1920, p. 143). (78) An Act to allow sheriffs of counties having a population of not less than 18,450 nor more than 18,500 according to United States census, 1910, to collect mileage, approved August 16, 1920 (Ga. Laws 1920, p. 271). (79) An Act relating to recording of maps, plans, and surveys in certain counties, approved August 17, 1914 (Ga. Laws 1914, p. 146). (80) An Act to provide for the change of county lines between the counties of this State having a population of not less than sixteen thousand, four hundred and twenty-two and not more than sixteen thousand, four hundred and twenty-four, and counties having a population of not less than nineteen thousand, one hundred and forty-six and not more than nineteen thousand, one hundred and forty-eight, according to the census of the U. S. Government, approved August 19, 1911 (Ga. Laws 1911, p. 183). (81) An Act to require all railroads operating passenger-trains and taking on and putting off passengers, or that operate such trains at or through county-seats and towns and cities having a population of more than 1,000, in this State, to keep open at night at their depot stations at such places before the arrival and departure of said trains a lighted and comfortable room for the accommodation of their passengers, approved August 18, 1906 (Ga. Laws 1906, p. 101). (82) An Act to regulate the practice of the occupation of barbering in certain cities within the State of Georgia, approved August 17,
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1914 (Ga. Laws 1914, p. 75), as amended by an Act approved August 17, 1920 (Ga. Laws 1920, p. 109). (83) An Act to provide for the selection and appointment of as many as three chartered, solvent banks of good standing and credit as State Depositories in cities having a population of 15,000 or more, approved August 16, 1920 (Ga. Laws 1920, p. 69). (84) An Act to amend Sections 4985 and 4986, Volume 1, of the Code of 1910, of the State of Georgia, providing for compensation of stenographers in civil cases and furnishing reports; and for other purposes, approved August 14, 1920

(Ga. Laws 1920, p. 83). (85) An Act providing that all cities having a population of more than 150,000 shall provide pensions for certain officials, approved August 15, 1927 (Ga. Laws 1927, p. 268). (86) An Act to provide for the procedure in all contests in all cases when any person is nominated in any primary election by the people for election to any county office in such counties of the State as have a population of not less than 6,458 and not more than 6,462 as determined by the census of the United States of 1920, approved August 21, 1929 (Ga. Laws 1929, p. 226). (87) An Act to provide for the designation of certain text books in all counties having a population of not less than 14,598, a population of not more than 14,600, according to the last available census, approved August 16, 1922 (Ga. Laws 1922, p. 150). (88) An Act to provide how and by whom the official organ of counties having a city having a population of between 6,860 and 6,880 according to the official census of the United States of the year 1920, shall be selected, approved August 6, 1929 (Ga. Laws 1929, p. 175). (89) An Act to regulate the salaries of stenographic reporters of all Judicial Circuits of this State, having, or that may hereafter have, therein, a city with a population of not less than 52,600, nor more than 75,000 inhabitants according to the Federal census of 1920; and for other purposes, approved July 30, 1920 (Ga. Laws 1920, p. 274), as amended by an Act approved August 11, 1920 (Ga. Laws 1920, p. 274). (90) An Act to authorize the ordinary or county commissioners, as the case may be, of the several counties of this State, having therein
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a city with a population of not less than fifty-two thousand, nine hundred, ninety-five, and not more than eighty-thousand, according to the United States Census of 1920, to name depositories for such counties, approved August 13, 1929 (Ga. Laws 1929, p. 223). (91) An Act providing that counties having therein a city with a population of not less than 52,995 and not more than 80,000 according to the United States census of 1920 may grant aid, relief, and pensions to employees not elected by the people, approved July 27, 1929 (Ga. Laws 1929, p. 308). (92) An Act to provide for the appointment of stenographic reporters of city courts in counties having therein a city of not less than 52,995 nor more than 83,000 inhabitants according to the United States census of 1920; and for other purposes, approved August 1, 1929 (Ga. Laws 1929, p. 479). (93) An Act to prescribe the hours certain election precincts shall remain open during all elections in certain counties in this State, approved August 18, 1925 (Ga. Laws 1925, p. 187). (94) An Act to provide that Grand Juries of Counties having a population of more than 100,000 and less than 125,000 inhabitants shall be required to examine and audit the public records twice a year, approved August 15, 1921 (Ga. Laws 1921, p. 156). (95) An Act authorizing Boards of Commissioners of Roads and Revenues of Counties in the State of Georgia with a population of over 14,200 and not over 14,325 to provide for, fix salary of and elect a clerk for such board, approved August 6, 1921 (Ga. Laws 1921, p. 177). (96) An Act to prescribe that jury commissioners in certain counties shall receive five dollars instead of two dollars for every day's service in revising the jury list, approved August 17, 1929 (Ga. Laws 1929, p. 182). (97) An Act to authorize municipalities having according to the United States Decennial Census last issued a population of not less than 30,000 and not exceeding 32,000 and located on navigable streams to acquire, lease, erect, operate, control, and manage wharves, docks, warehouses, and terminals, approved August 20, 1925 (Ga. Laws 1925, p. 248).
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(98) An Act authorizing and empowering the ordinaries or boards of county commissioners, or other county authorities in this State where such boards exist, and who have the management of the revenues of the counties, in all counties of this State having a population of not less than 11,170 nor more than 11,200 according to the 1920 census, whenever the purposes of a county bond issue has been accomplished, which fact is to be judged of by said county authorities, and there remains a balance of the proceeds of said bond issue on hand, to use said balance in the satisfaction of outstanding warrants representing the costs of permanent county improvements, or in making permanent county improvements, approved August 15, 1927 (Ga. Laws 1927, p. 214). (99) An Act to provide that the law providing for a county manager form of government shall apply in counties having a certain population by the 1920 census taken by the United States government only under certain circumstances, approved August 19, 1927 (Ga. Laws 1927, p. 211). (100) An Act to provide for the appointment by the board of commissioners of roads and revenues, in all those counties of this State which have boards of county commissioners and which counties also have a population, according to the United States Census of 1920, of not more than 25,865 and not less than 25,860, of an auditor for such counties, approved August 21, 1929 (Ga. Laws 1929, p. 212). (101) An Act to provide the method for selecting the official organ for publication of sheriff's sales, and other official or legal advertising, in counties having a population of not less than 11,370 and not more than 11,450, according to the census of the United States for 1920, or for any future census, approved August 5, 1929 (Ga. Laws 1929, p. 173). (102) An Act to provide for the compensation of Jury Commissioners and their clerks in certain counties of the State of Georgia, approved August 20, 1925 (Ga. Laws 1925, p. 216). (103) An Act to change the fees of land processioners and county surveyors in all counties having a population of not less than 39,841 and not more than 39,845

according to the official census of the United States for 1920, approved August 22, 1929 (Ga. Laws 1929, p. 167).
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(104) An Act providing for the fixing of the compensation of juvenile court judges in counties having a population of less than 39,850 and more than 39,840, according to the Federal Census of 1920, approved August 5, 1929 (Ga. Laws 1929, p. 277). (105) An Act fixing the salary of judges of the city courts in counties having therein a city with a population of not less than 200,000, approved July 19, 1920 (Ga. Laws 1920, p. 116), as amended by an Act approved August 2, 1924 (Ga. Laws 1924, p. 80). (106) An Act amending Section 4995 of the Code of 1910, relating to bailiffs in certain counties, so as to provide for a secretary in lieu of a bailiff in certain counties, approved August 10, 1921 (Ga. Laws 1921, p. 118). (107) An Act fixing the compensation of jury commissioners in certain counties, approved August 6, 1921 (Ga. Laws 1921, p. 209), as amended by an Act approved August 13, 1922 (Ga. Laws 1922, p. 132). (108) An Act to require local governmental approval of plats and sewer plans prior to recording in certain counties approved August 10, 1921 (Ga. Laws 1921, p. 219), as amended by an Act approved August 18, 1923 (Ga. Laws 1923, p. 111), an Act approved August 1, 1927 (Ga. Laws 1927, p. 318), and an Act approved April 5, 1961 (Ga. Laws 1961, p. 3439). (109) An Act authorizing an increase in pay for bailiffs in certain counties, approved August 15, 1922 (Ga. Laws 1922, p. 50). (110) An Act to authorize the authorities of certain counties of this State to prescribe by order the term and period of the fiscal year of such county, approved August 15, 1921 (Ga. Laws 1921, p. 108), as amended by an Act approved August 20, 1925 (Ga. Laws 1925, p. 198) and an Act approved July 26, 1929 (Ga. Laws 1929, p. 234). (111) An Act to authorize counties having a population of over 150,000, according to the present or any future United States Census to provide for necessary public sanitation by contracting with or delegating authority to cities or health organizations, committees or boards, approved August 11, 1922 (Ga. Laws 1922, p. 142). (112) An Act to provide the time for opening and closing the polls in elections for or against school house bonds in certain counties, approved July 25, 1922 (Ga. Laws 1922, p. 152).
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(113) An Act to authorize additional ways whereby counties having a population of over 150,000 according to the present or any future United States census may provide for the support of paupers, approved August 11, 1922 (Ga. Laws 1922, p. 180). (114) An Act authorizing county contracts for lights upon highways in all counties having a population of more than 200,000, approved August 1, 1923 (Ga. Laws 1923, p. 100). (115) An Act to authorize the board of commissioners of roads and revenues of all counties in the State of Georgia having a population of not less than 200,000 to supplement the funds of the county board of education and the board of education of any independent system of schools of such counties from any funds in the treasury of the said counties which may be ascertained not to be necessary for the purpose for which levied, approved August 15, 1923 (Ga. Laws 1923, p. 120). (116) An Act to fix the salaries and compensation of court bailiffs in counties of population of 200,000 or more, approved August 19, 1925 (Ga. Laws 1925, p. 100), as amended by an Act approved August 15, 1927 (Ga. Laws 1927, p. 135), an Act approved August 6, 1927 (Ga. Laws 1927, p. 193), and an Act approved April 2, 1963 (Ga. Laws 1963, p. 2802). (117) An Act to provide for and regulate the payment of compensation out of the county treasury of official court reporters of the superior and city courts, in counties of this State having therein a city of more than 175,000 population according to the federal census of 1920; and for other purposes, approved August 15, 1923 (Ga. Laws 1923, p. 104), as amended by an Act approved August 20, 1925 (Ga. Laws 1925, p. 164) and an Act approved August 15, 1927 (Ga. Laws 1927, p. 216). (118) An Act to provide for the payment of clerical and other expenses in the office of County Treasurer in counties of this State having a population of more than 150,000, approved August 14, 1925 (Ga. Laws 1925, p. 266). (119) An Act providing that in counties of not less than 200,000 the governing authorities thereof may establish restricted residential districts under certain circumstances, approved August 18, 1925 (Ga. Laws 1925, p. 337).
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(120) An Act to provide the method of fixing the salaries of court bailiffs appointed by the Judges of the Superior and City Courts in counties having a population of two hundred thousand inhabitants, approved July 14, 1927 (Ga. Laws 1927, p. 194), as amended by an Act approved January 31, 1946 (Ga. Laws 1946, p. 233), and an Act approved April 2, 1963 (Ga. Laws 1963, p. 2802). (121) An Act fixing the compensation of jury commissioners and their clerks in certain counties, approved August 10, 1927 (Ga. Laws 1927, p. 222). (122) An Act providing that counties having a population of 200,000 or more by the United States census of 1920 or any subsequent census shall furnish aid and relief and pensions to employees not elected by the people and to future employees and their dependents, approved August 15, 1927 (Ga.

Laws 1927, p. 262). (123) An Act fixing the salary of Judges of City Courts in counties having therein a city with a population of not less than 175,000, approved July 15, 1927 (Ga. Laws 1927, p. 380), as amended by an Act approved March 27, 1935 (Ga. Laws 1935, p. 497). (124) An Act amending Section 3321 of the Civil Code of 1910, relating to entry of judgment liens on the general execution docket, so as to provide that in certain counties such liens should date only from the time of entry on the docket, approved August 23, 1929 (Ga. Laws 1929, p. 165). (125) An Act to provide the duties, rights, and powers of county boards of education, and for the management and control of public schools and educational matters, and for the consolidation of school management, to be effective only in counties of this State wherein is now or hereafter situated wholly or in greater territorial part a city of more than 200,000 population, approved August 12, 1929 (Ga. Laws 1929, p. 184). (126) An Act to authorize the boards of education of all counties in the State of Georgia, having a population of not less than 200,000 of the 1920 census, to insure the lives and health of all teachers and other employees of such boards of education and authorizing such boards of education to pay the premiums to maintain such insurance, approved August 20, 1929 (Ga. Laws 1929, p. 189).
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(127) An Act authorizing the boards of education of all counties of Georgia having a population of not less than 200,000 of the 1920 census to create a retirement or pension fund for teachers and other employees of such board, approved August 20, 1929 (Ga. Laws 1929, p. 193). (128) An Act to authorize the board of commissioners of roads and revenues of all counties in the State of Georgia, having a population of not less than 200,000, to supplement the funds of the county board of education from any funds in the treasury of said county derived from any source other than taxation, to provide the method by which said funds shall be handled and the purpose for which they shall be expended, approved July 22, 1929 (Ga. Laws 1929, p. 225), as amended by an Act approved August 27, 1931 (Ga. Laws 1931, p. 134), an Act approved February 12, 1943 (Ga. Laws 1943, p. 635), and an Act approved April 5, 1961 (Ga. Laws 1961, p. 3414). (129) An Act to provide for the compensation of jury commissioners and their clerks in certain counties of the State of Georgia, approved July 20, 1929 (Ga. Laws 1929, p. 277). (130) An Act to add additional depositories in all cities and towns having a population of not less than 11,554, and not more than 11,560 and also to add additional depositories in towns and cities having not less than 6,180, and not more than 6,200 population, approved August 20, 1923 (Ga. Laws 1923, p. 54). (131) An Act to provide for the nomination or election in primary elections of members of the General Assembly in counties of population of not less than 25,393 and not more than 25,700, requiring specification of incumbent opposed, approved July 31, 1929 (Ga. Laws 1929, p. 227). (132) An Act to regulate the salaries of stenographic reporters of all judicial circuits of this State, having or that may hereafter have therein a city with a population of not less than 30,000 nor more than 52,000 inhabitants, according to the Federal census of 1920; and for other purposes, approved July 27, 1929 (Ga. Laws 1929, p. 325). (133) An Act amending Section 6065 of the Code of 1910, relating to changes of official organs, which amendatory Act provides procedures for changes in official organs in all counties having therein cities having a population between 38,000 and 52,900 according to the
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official United States census of 1920, approved August 11, 1922 (Ga. Laws 1922, p. 48). (134) An Act to provide for the appointment of Stenographic reporters of city courts in counties having therein a city of not less than 39,000 nor more than 83,000 inhabitants according to the United States census of 1920; and for other purposes, approved August 18, 1924 (Ga. Laws 1924, p. 81), as amended by an Act approved August 1, 1929 (Ga. Laws 1929, p. 477). (135) An Act to provide that juries in their verdicts upon the trial of all cases upon the criminal side of the Court, involving misdemeanors, in constitutional city courts having jurisdiction over counties whose population under the 1920 census of the United States was not less than sixty thousand inhabitants and not more than seventy thousand inhabitants, and over counties whose population under any future census of the United States shall be not less than sixty thousand inhabitants and not in excess of seventy thousand inhabitants, shall in their verdicts prescribe the sentence or punishment to be inflicted, approved July 12, 1927 (Ga. Laws 1927, p. 317). (136) An Act to provide for the payment of the salary of county treasurer in counties having a population of not less than 63,690 inhabitants and not more than 63,695 according to 1920 census, approved July 27, 1929 (Ga. Laws 1929, p. 223). (137) An Act to authorize the county commissioners of any county in the State of Georgia of a population of not less than 63,690 or more than 63,692 according to the State Census of 1920, to adopt for use or use experimentally a voting machine or voting machines for the conduct of elections in such counties, approved August 9, 1929 (Ga. Laws 1929, p. 337). (138) An Act to provide for the payment of court costs for the trial and conviction in certain counties of misdemeanor convicts worked by said county upon public roads of same, approved August 15, 1921 (Ga. Laws 1921, p. 241), as amended by an Act approved July 28, 1923 (Ga. Laws 1923, p. 85). (139) An Act to limit the period of time wherein elections on the subject of Fence or No Fence may be held in any county in this

State of designated population, approved August 22, 1925 (Ga. Laws 1925, p. 190).
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(140) An Act to authorize the payment of the fees of Clerks of Superior Courts for per diem in attending courts out of the county treasury in all counties in this State having a population of not less than 33,000, nor greater than 33,044 according to the Federal census of 1920, approved August 20, 1925 (Ga. Laws 1925, p. 258). (141) An Act to prescribe that the jury commissioners in certain counties shall receive five dollars instead of two dollars for every day's service in revising the jury list, approved August 15, 1927 (Ga. Laws 1927, p. 146). (142) An Act to amend an Act approved August 26, 1925, to amend an Act approved August 8, 1924, and to amend an Act approved August 21, 1911, relating to the protection of birds, fish, game, and fur bearing animals and fixing the salary of the Game and Fish Commissioners; and for other purposes so as to exempt certain counties having a population of not less than 13,600 and not more than 14,300, according to the official census of the United States for 1920 or any future census; and for other purposes, approved August 28, 1929 (Ga. Laws 1929, p. 237). (143) An Act to provide for two shifts of firemen for fire departments of cities of a population of ten thousand seven hundred and eighty-three (10,783) according to the Federal Census of 1920, approved August 20, 1925 (Ga. Laws 1925, p. 191). (144) An Act to provide for the eligibility of councilmen and aldermen of certain towns and cities in this State for election to other municipal offices, approved August 17, 1929 (Ga. Laws 1929, p. 156). (145) An Act to provide for the change of county lines lying within the limits of certain incorporate towns and cities, approved August 20, 1927 (Ga. Laws 1927, p. 209). (146) An Act providing for street improvements in municipalities having a population of 600 or more [no census], approved August 25, 1927 (Ga. Laws 1927, p. 321), officially codified as Code Chapter 69-4. (147) An Act to authorize persons holding office under municipal corporations in Georgia containing a population of not less than fourteen thousand, four hundred, nor more than fifteen thousand, according to the United States Census of 1930, to sell goods, wares, and merchandise, and to contract with such municipality under
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certain circumstances, approved March 23, 1939 (Ga. Laws 1939, p. 263). (148) An Act to provide that in any city in the State of Georgia having a population of not less than fourteen thousand four hundred, and not more than fifteen thousand by the United States Census of 1930, the governing body shall be authorized to take over the operation and maintenance of hospitals, approved March 23, 1939 (Ga. Laws 1939, p. 349). (149) An Act fixing the time of holding primary elections for city officials in cities of 200,000 population or over, approved March 24, 1933 (Ga. Laws 1933, p. 226). (150) An Act regulating primary elections in all municipalities having a population of 200,000 or more according to the last or any future Federal census, approved March 23, 1933 (Ga. Laws 1933, p. 227) as amended by an Act approved March 30, 1937 (Ga. Laws 1937, p. 755), an Act approved March 20, 1939 (Ga. Laws 1939, p. 309), an Act approved March 19, 1943 (Ga. Laws 1943, p. 489), an Act approved February 21, 1951 (Ga. Laws 1951, p. 821), an Act approved February 21, 1951 (Ga. Laws 1951, Jan.-Feb. Sess., p. 3115), an Act approved February 15, 1952 (Ga. Laws 1952, p. 2569), an Act approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3088), an Act approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3088), an Act approved March 13, 1957 (Ga. Laws 1957, p. 3137), an Act approved March 25, 1958 (Ga. Laws 1958, p. 3176) and by an Act approved April 12, 1965 (Ga. Laws 1965, p. 3419). (151) An Act providing for the use of voting machines for casting, registering, recording, and computing ballots or votes at all elections in all municipalities and cities having a population of 200,000 or more, approved December 24, 1937 (Ga. Laws 1937-38 Ex. Sess., p. 371). (152) An Act requiring the payment of fees of the clerks and sheriffs in divorce cases in all counties having a population of not less than 22,778 and not more than 22,970 according to the United States census of 1930 or any future census, approved March 24, 1937 (Ga. Laws 1937, p. 638). (153) An Act to provide that in all counties of this State having a population of not more than 12,405 and not less than 12,400, according to the United States census of 1930, or any future census, the
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county superintendent of schools may be a resident of and reside in the county-site of the county, approved August 28, 1931 (Ga. Laws 1931, p. 132). (154) An Act to require certain county officers in counties having a certain minimum and maximum population to make and deliver to the Ordinary of the county monthly financial statements reflecting the financial condition and affairs of the offices held by them, approved March 24, 1933 (Ga. Laws 1933, p. 146). (155) An Act to provide that in all counties of this State having a specified population the County Board of Commissioners, or other fiscal agent of such counties shall be authorized to designate a fiscal year, approved March 2, 1933 (Ga. Laws 1933, p.

148), as amended by an Act approved February 13, 1952 (Ga. Laws 1952, p. 2498). (156) An Act to provide that in counties of this State having a population of not less than 75,000 and not more than 100,000, by the last or any future census of the United States, the number of probation officers or other employees serving as officers or employees of any juvenile court now or hereafter existing in such counties shall be subject to the approval of the county board of commissioners, or other fiscal agent of such counties, approved March 2, 1933 (Ga. Laws 1933, p. 190). (157) An Act to provide for the appointment of a county probation officer in all counties in this State having a population of not less than 75,000 and not more than 100,000 inhabitants by the last or any future census of the United States, upon recommendation of the grand jury and approval of the county board of commissioners, or other fiscal agent of the county, approved March 2, 1933 (Ga. Laws 1933, p. 233). (158) An Act to authorize the board of commissioners of roads and revenues or the ordinaries in certain counties of this State to fix the salaries of county treasurers in such counties, approved February 22, 1933 (Ga. Laws 1933, p. 257). (159) An Act to provide for the fixing of the compensation of official court reporters of the superior and city courts in counties of this State having a population of not less than 75,000 and not more than 100,000 by the last or any future census of the United States, approved February 22, 1933 (Ga. Laws 1933, p. 261).
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(160) An Act to authorize and empower the board of commissioners of roads and revenues, or other fiscal agents, in counties of this State having a population of not less than seventy-five thousand (75,000) nor more than one hundred thousand (100,000) according to the last or any future census of the United States, to fix the compensation of special criminal bailiffs of the solicitors-general and solicitors of the city courts, approved March 10, 1933 (Ga. Laws 1933, p. 237). (161) An Act to provide an annual salary for coroners in all counties of this State having a population of not less than seventy-five thousand and not more than one hundred thousand by the last or any future census of the United States, approved March 20, 1937 (Ga. Laws 1937, p. 435). (162) An Act to provide for probation officers in all counties having a population of between 75,000 and 100,000 by the U.S. census of 1930 or any future census, approved March 24, 1937 (Ga. Laws 1937, p. 485). (163) An Act to require the coroner in all counties of this State having a population by the official census of the United States of 1930, and by any future census of the United States, of not less than 75,000 and not more than 100,000 inhabitants, to select as one of the jurors, for every inquest to be held by him, a competent stenographer, who shall be secretary of the coroner's jury, approved March 23, 1937 (Ga. Laws 1937, p. 611), as amended by an Act approved January 31, 1946 (Ga. Laws 1946, p. 169). (164) An Act to authorize any county in this State having a population of not less than seventy-five thousand and not more than one hundred thousand inhabitants, according to the 1930 Federal census, or that may have a population within said limits by any future Federal census, to pass zoning and planning laws, approved March 24, 1939 (Ga. Laws 1939, p. 403). (165) An Act to change the method of compensating the ordinary in all counties in this State having a population of 9,130, or more, inhabitants and less than 9,140 inhabitants according to the United States decennial census of 1930, or any future census, approved February 16, 1938 (Ga. Laws 1937-38, p. 868).
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(166) An Act to change from the fee to the salary system in certain counties in Georgia, the Clerk of Superior Court, the sheriff and the ordinary, approved January 17, 1938 (Ga. Laws 1937-38, p. 882), as amended by an Act approved March 27, 1941 (Ga. Laws 1941, p. 491). (167) An Act to prohibit goats from running at large in counties of this State having a population of not less than 21,330 and not more than 21,390, according to the United States census of 1930, or any future census, approved March 24, 1939 (Ga. Laws 1939, p. 324). (168) An Act providing the hours that certain election precincts shall remain open in incorporated towns other than the county-site having a population of not less than 3,357 or more than 3,360, approved March 24, 1933 (Ga. Laws 1933, p. 34). (169) An Act to amend an Act approved July 28th, 1923, so as to change certain provisions relating to costs of misdemeanor trials in counties having a population of not less than 26,505 nor more than 26,515, approved March 1, 1933 (Ga. Laws 1933, p. 126). (170) An Act to provide for special criminal bailiffs in all counties having a population of not less than 26,225 and not more than 26,550 according to the United States census of 1930, approved March 31, 1937 (Ga. Laws 1937, p. 498). (171) An Act to empower the governing authorities of all counties having an area of not less than 711 square miles and not more than 711 square miles therein according to the present survey of the counties of this State, to increase the compensation of sheriffs, approved January 25, 1938 (Ga. Laws 1937-38, p. 887). (172) An Act to provide for the preparation and exhibition of ballotboxes in all primary elections held in any county in this State having a population of not less than 34,270 nor more than 34,275 by the last, or any future Federal Census, approved February 23, 1935 (Ga. Laws 1935, p. 461). (173) An Act to provide for and fix the hours of keeping open of polls at precincts situated in counties having not less than nine thousand

four hundred and twenty-one (9,421) and not more than nine thousand four hundred and twenty-four (9,424), according to the U. S. Government Census of 1930, approved August 27, 1931 (Ga. Laws 1931, p. 261).
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(174) An Act to provide that in counties having a population of not less than 90,000 nor more than 125,000 the salaries of the judge and other officers shall be fixed by the county commissioners, approved February 15, 1933 (Ga. Laws 1933, p. 188). (175) An Act to provide that in all counties of this State having a population of not less than ninety thousand nor more than one hundred and thirty thousand, according to the census of the United States, the salary or salaries of jailers, deputy jailers, turnkeys, guards, and other like jail employees, of the two special bailiffs and/or one bailiff and one secretary appointed by the judge of the superior court of the judicial circuit in which such counties are situated under existing laws, of the stenographic reporter of the superior court appointed by the judge of the superior court, and of all the deputy sheriffs and bailiffs of the superior and city courts of such counties, shall be fixed and determined by the county commissioners and ex-officio judges of said counties and paid out of the county treasury, approved February 15, 1933 (Ga. Laws 1933, p. 246). (176) An Act to fix the amount of bond to be furnished by sheriffs for the faithful and correct performance of their duties of office in all counties of Georgia which contain a population of between twenty-five thousand, five hundred and fifty, and twenty-five thousand, six hundred and fifty, according to the United States Census of 1930, approved February 2, 1938 (Ga. Laws 1937-38, p. 886). (177) An Act to require certain county officers in counties having a certain minimum and maximum population to make monthly financial statements reflecting the financial condition of the offices held by them, approved August 27, 1931 (Ga. Laws 1931, p. 166). (178) An Act to amend an Act enabling the State Highway Department to effectively carry out and put into effect the provisions of the amendment to the Constitution as set out in Ga. Laws 1931, p. 97 which declares and defines the indebtedness of counties to the Highway Department; and other purposes, approved March 1, 1933 (Ga. Laws 1933, p. 161) so as to authorize counties having a population of not less than 7,000 and not more than 7,500 according to the official United States census of 1930 to transfer certificates of indebtedness of the Highway Department, approved March 18, 1937 (Ga. Laws 1937, p. 909).
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(179) An Act to prohibit goats from running at large in counties of this State having a population of not less than 19,730 and not more than 19,760, according to the United States census of 1930, or any future census, approved March 24, 1939 (Ga. Laws 1939, p. 323). (180) An Act to prohibit goats from running at large in counties of this State having a population of not less than 30,662 and not more than 30,652, according to the United States census of 1930, or any future census, approved March 24, 1939 (Ga. Laws 1939, p. 325). (181) An Act providing that the clerks of the Superior Court and sheriffs of all counties of this State having a population of not less than 8,790, nor more than 8,810, according to the Federal Census of 1930, shall be entitled to receive from the general funds of such counties the sum of three hundred dollars ($300.00) per annum each, approved December 24, 1937 (Ga. Laws 1937-38, p. 323). (182) An Act to provide that, in all counties in this State having a population, according to the United States census of 1930 or any succeeding official United States census, of not less than 70,000 and not more than 74,000, the bailiff to the solicitor of the city court and the bailiff to the solicitor of the superior court shall be the probation officer, approved August 26, 1931 (Ga. Laws 1931, p. 154). (183) An Act to authorize the Commissioners of Roads and Revenues or any other authority having charge of county matters in all counties of the State of Georgia having a population of not less than 61,000 and not more than 71,000 to supplement the funds of the County Board of Education from any funds in the treasury of such counties, approved February 17, 1933 (Ga. Laws 1933, p. 56). (184) An Act to provide for civil service for teachers and other employees for the county school systems of the public schools of all counties in the State of Georgia having a population of not less than 70,000 nor more than 73,000, according to the Census of the United States for 1930, or any future census, approved March 24, 1939 (Ga. Laws 1939, p. 258). (185) An Act to grant to the Commissioner of Roads and Revenues in all counties of this State having a population of not less than 70,000 and not more than 71,000 inhabitants, according to the U.S. Census of 1930 or any future Census, to regulate in said County, outside the limits of any city or town which now has the authority to
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adopt and enforce zoning ordinances therein, the opening or extension of any street and the subdivision of property, approved March 24, 1939 (Ga. Laws 1939, p. 368), as amended by an Act approved February 17, 1950 (Ga. Laws 1950, p. 2894) and an Act approved February 12, 1951 (Ga. Laws 1951, p. 78). (186) An Act providing for a retirement fund

for teachers and other employees for the county school systems of all counties of the State having a population of not less than 70,000 nor more than 72,000 according to the United States census of 1930 or any future census, approved March 24, 1939 (Ga. Laws 1939, p. 372). (187) An Act to prohibit the running at large of goats in counties of this State having a population of not less than 21,500 and not more than 21,600, according to the United States Census of 1930, approved March 16, 1937 (Ga. Laws 1937, p. 683). (188) An Act to provide that in counties having a population of 21,599 and less than 21,609, according to the United States census of 1930, members of the board of education shall be elected by the qualified voters of the county, approved March 3, 1939 (Ga. Laws 1939, p. 190). (189) An Act to require the boards of jury commissioners, in all counties of the State having a population of not less than 24,101 and not more than 24,105 according to the last United States Census Report, to place on the jury-lists of said counties the names of not less than 750 upright and intelligent men as jurors, approved August 27, 1931 (Ga. Laws 1931, p. 187). (190) An Act to provide that the conty school superintendent shall not be required to be a voter in that part of the county in which he has jurisdiction in all counties of this State having a population of not more than 48,670 and not less than 48,665 according to the United States census of 1930, or any future census of the United States, approved August 27, 1931 (Ga. Laws 1931, p. 127). (191) An Act to provide for the compensation of and payment to clerks of the Superior Court, in counties of this State having a population of not less than 48,660 and not more than 48,670, according to the United States Census of 1930, for entering testimony, approved February 12, 1938 (Ga. Laws 1937-38, p. 325).
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(192) An Act authorizing the board of education of any counties having a population of not less than 48,666 and not more than 48,668 according to the census of the United States for 1930 or any future census to create a retirement fund for teachers and employees of the county school system, approved February 7, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 421). (193) An Act to authorize the boards of education of all counties in the State of Georgia, having a population of not less than 48,667, and not more than 48,677, as determined by the census of the United States of 1930, to insure the lives and health of all teachers and other employees of such boards of education, approved January 25, 1938 (Ga. Laws 1937-38, p. 417). (194) An Act to make it mandatory upon the county authorities to furnish office room in the courthouse for the county superintendent of schools, in all counties of the State of Georgia having a population of between 40,000 and 60,000 according to the census of the United States for 1930 or any future census, approved March 8, 1939 (Ga. Laws 1939, p. 195). (195) An Act to provide for selection of jurors and grand jurors in certain counties, approved August 14, 1931 (Ga. Laws 1931, p. 186), as amended by an Act approved March 28, 1935 (Ga. Laws 1935, p. 396) and an Act approved April 5, 1961 (Ga. Laws 1961, p. 2928). (196) An Act to provide for the direct distribution of certain textbooks to independent local and municipal school systems in counties having a population of 200,000 or over, approved March 24, 1933 (Ga. Laws 1933, p. 59). (197) An Act to provide that any county of this State having a city or part of a city with a population of 200,000 or more according to the last or any future United States census may enter into contractual agreements with such counties and all municipalities therein with reference to the treatment of sewerage by septic or disposal plants, approved March 7, 1935 (Ga. Laws 1935, p. 467). (198) An Act authorizing county commissioners in all counties having a population of 200,000 or more according to the United States decennial census of 1930 or any future such census to provide for building and housing codes and the enforcement thereof, approved March 20, 1937 (Ga. Laws 1937, p. 583), as amended by an Act approved March 24, 1939 (Ga. Laws 1939, p. 248).
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(199) An Act authorizing the governing authority of all counties having a population of more than 200,000 according to the United States census of 1930 or any future such census, by contract or agreement to take over management, operation, and maintenance of public hospitals operated by all municipalities in such counties, approved March 10, 1937 (Ga. Laws 1937, p. 689). (200) An Act to provide for the examination of master and journeymen plumbers and steam fitters, carrying on said vocations in counties having a population of 150,000 inhabitants or more by the U.S. census of 1930, or any future U. S. Census, approved March 30, 1937 (Ga. Laws 1937, p. 748), as amended by an Act approved March 20, 1939 (Ga. Laws 1939, p. 355), an Act approved February 12, 1952 (Ga. Laws 1952, p. 2383), and an Act approved March 17, 1959 (Ga. Laws 1959, p. 3090). (201) An Act to provide that in all counties in this State having a population of 200,000 or more inhabitants by the United States census of 1930 or any future U. S. census, the Board of Commissioners of Roads and Revenues of said counties or such other authorities as have charge of the roads and revenues of such counties shall have full power and authority to make rules and regulations on the public roads of the county outside the limits of incorporated municipalities; and for other purposes, approved March 18, 1937 (Ga. Laws 1937, p. 780), as amended by an Act approved March 27, 1941 (Ga. Laws 1941, p. 422). (202) An Act to specify certain powers of the County Board of Health in all counties having a population of 200,000 or more inhabitants according to the United States

census of 1930 or any future United States census, approved March 30, 1937 (Ga. Laws 1937, p. 782). (203) An Act to empower the governing authority in counties having a population of 200,000 or more, as shown by the United States census of 1930, to acquire real estate by purchase or condemnation for certain purposes; and for other purposes, approved March 18, 1937 (Ga. Laws 1937, p. 785). (204) An Act to authorize the boards of education of all counties in the State of Georgia having a population in excess of 200,000 to borrow money for the operation of schools in amounts not exceeding the total sum to be received by said board from the State appropriation
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and school taxes, approved March 10, 1937 (Ga. Laws 1937, p. 878). (205) An Act to provide that the clerk of the superior court in all counties having a population of 200,000, or more, by the Census of 1930, or any future census, may provide a suitable cross reference card-index system for indexing certain records, approved February 12, 1938 (Ga. Laws 1937-38, p. 249). (206) An Act to provide for the examination of master electricians in counties having a population of 150,000 or more according to the United States decennial census of 1930 or any future such census, approved January 31, 1938 (Ga. Laws 1937-38, p. 327), as amended by an Act approved February 26, 1943 (Ga. Laws 1943, p. 484), an Act approved April 14, 1967 (Ga. Laws 1967, p. 3124), and an Act approved April 8, 1971 (Ga. Laws 1971, p. 3220). (207) An Act to authorize counties, in which are wholly or partially situated cities having a population of 200,000 or more according to the United States decennial census of 1930 or any future such census, and such cities to contract with each other for the performance of certain governmental functions, approved March 24, 1939 (Ga. Laws 1939, p. 261). (208) An Act to authorize the clerk of the Superior Court or other proper officer in counties of this State having a population of two hundred thousand or more by the census of 1930, or any future census, to install photostatic equipment or other photographic equipment for the purpose of recording chattel mortgages or other personal property contracts and instruments conveying real estate as security for debt or evidencing conditional sale of real estate, including real estate mortgage security deeds, loan deeds, deeds of trust to secure and bonds for title, approved March 3, 1939 (Ga. Laws 1939, p. 354) as amended by an Act approved March 27, 1941 (Ga. Laws 1941, p. 475). (209) An Act to provide for and regulate the payment of compensation out of the county treasury of official court reporters of the superior and city courts, in counties of this State having more than 200,000 population according to the last or any future Federal census; and for other purposes, approved March 20, 1939 (Ga. Laws 1939, p. 805), as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1870).
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(210) An Act to authorize municipalities having a population of not less than 8,623 persons nor more than 8,625 persons, according to the census of 1930, to police areas owned by them outside their corporate limits, approved March 26, 1935 (Ga. Laws 1935, p. 458). (211) An Act to authorize the board of county commissioners or other administrative authority of all counties in this State having a present population of not less than twelve thousand nine hundred five nor more than twelve thousand nine hundred ten, according to the United States census for the year 1930, and without regard to their subsequent variations in population, to acquire, own, hold, and administer lands for the purposes of creating public parks, the preservation of historic sites, landmarks, and places, the erection of monuments or memorials, and other similar public purposes, approved February 26, 1935 (Ga. Laws 1935, p. 444). (212) An Act to provide for the compensation of Jury Commissioners and their Clerks in certain counties of the State of Georgia, approved March 30, 1937 (Ga. Laws 1937, p. 714). (213) An Act to regulate the use of hand-drawn cast nets in the sounds of any county having a population of not less than 8,153 nor more than 8,160 as shown by 1930 census of the United States, approved February 27, 1933 (Ga. Laws 1933, p. 154). (214) An Act to authorize the governing or fiscal authorities of certain counties to give, assign, and transfer certain of the certificates of indebtedness of the Highway Department held by such counties to Boards of Education therein, approved March 18, 1937 (Ga. Laws 1937, p. 907). (215) An Act to prohibit certain persons from buying from or selling to certain classified counties anything whatsoever either directly or indirectly, approved March 20, 1935 (Ga. Laws 1935, p. 463). (216) An Act to provide that the requirement of a referendum to approve changes in municipal charters shall not apply to municipalities having a population of not more than 3,800 and not less than 3,600 according to the census of 1930, approved January 25, 1938 (Ga. Laws 1937-38, p. 274).
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(217) An Act to provide the manner in which Justices of the Peace and Notaries Public Ex-Officio Justices of the Peace shall be compensated in criminal cases in counties of the State of Georgia having a population of not less than 9,010 and not more than 9,020 according to the official United States census of 1930 or any future census of the United States,

approved March 24, 1939 (Ga. Laws 1939, p. 339). (218) An Act to authorize the Board of County Commissioners or other administrative authority of all the counties in this State having a present population of not less than five thousand seven hundred sixty nor more than five thousand seven hundred sixty-five, according to the United States census for the year 1930, and without regard to their subsequent variations in population, to acquire, own, hold, and administer lands for the purposes of creating public parks, the preservation of historic sites, landmarks, and places, the erection of monuments or memorials, and other similar public purposes, approved March 24, 1933 (Ga. Laws 1933, p. 204). (219) An Act to provide for the compensation to be paid registrars in certain counties of the State of Georgia and to provide for a clerk for registrars in such counties and to fix compensation for such clerk, approved August 27, 1931 (Ga. Laws 1931, p. 233). (220) An Act to fix and provide for the compensation to be paid members of the Board of Education of certain counties in the State of Georgia, approved February 7, 1938 (Ga. Laws 1937-38, p. 416). (221) An Act to prohibit goats from running at large in counties of this State having a population of not less than 10,010 and not more than 10,030, according to the United States Census of 1930, or any future census, approved March 9, 1939 (Ga. Laws 1939, p. 321). (222) An Act to make it mandatory upon the county authorities to furnish office room in the courthouse for the county superintendent of schools, in all counties of the State of Georgia having a population of between 40,000 and 60,000 according to the census of the United States for 1930 or any future census, approved March 8, 1939 (Ga. Laws 1939, p. 195). (223) An Act to provide that the county school superintendent shall not be a voter in that part of the county in which he has jurisdiction, in all counties of this State having a population of not more than 25,145 and not less than 25,140 according to the United
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States Census of 1930, or any future census of the United States, approved August 28, 1931 (Ga. Laws 1931, p. 129). (224) An Act amending Section 855(aa) of Parks 1914 Annotated Code prohibiting municipal officers from contracting with such municipalities, which amendatory Act authorizes the sale of personal property by municipal officers to municipalities having a population of not less than 3,800 and not more than 3,900 according to the United States census of 1930 or any future such census, approved March 30, 1937 (Ga. Laws 1937, p. 471). (225) An Act to authorize the Legislature to increase or decrease the salary of any city-court judge in the State during his term of office in counties having a population of not less than 71,000 and not more than 74,000, according to the census of 1930 or any future census, approved March 10, 1933 (Ga. Laws 1933, p. 46), as amended by an Act approved February 19, 1951 (Ga. Laws 1951, p. 276). (226) An Act to authorize any conty in this State having a population of not less than seventy thousand and not more than seventy-five thousand inhabitants, according to the 1930 Federal census, or that may have a population within said limits by any future Federal census, to pass zoning and planning laws, approved January 10, 1938 (Ga. Laws 1937-38, p. 413), as amended by an Act approved March 24, 1939 (Ga. Laws 1939, p. 406) and an Act approved February 25, 1949 (Ga. Laws 1949, p. 1878). (227) An Act to authorize the Board of County Commissioners of Roads and Revenues, or other fiscal agent, in all counties having population under the 1930 United States Census of not less than 72,500, and not more than 73,500, and in any county under any future United States Census having a population within said limits to designate a building inspector and to make necessary rules and regulations, approved March 24, 1939 (Ga. Laws 1939, p. 245). (228) An Act to require an advance deposit in each and every divorce case filed in the superior court of counties having a population of not less than 23,400 and not more than 24,400 according to the United States census of 1930 and any subsequent United States census, approved March 24, 1939 (Ga. Laws 1939, p. 294). (229) An Act relating to the election and eligibility of county school superintendents in counties having a population of not more
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than 11,751 and not less than 11,739 according to the 1930 census or any future census, approved March 24, 1941 (Ga. Laws 1941, p. 428). (230) An Act to provide a salary in lieu of the fee system for the clerk of the superior court and other courts served by the clerk of the superior court in counties of twenty-six thousand seven hundred fifty (26,750) to twenty-seven thousand seven hundred fifty (27,750) inhabitants, inclusive, according to the United States census of 1930 or any subsequent United States census, approved March 2, 1933 (Ga. Laws 1933, p. 238), as amended by an Act approved March 22, 1941 (Ga. Laws 1941, p. 493). (231) An Act to provide for payment of expenses for the trial of insane persons in counties having a population of not less than 15,410 and not more than 15,415 according to the census of 1930, approved March 22, 1935 (Ga. Laws 1935, p. 390). (232) An Act to provide for repayment of donations for highway purposes made in counties having populations within certain limitations, approved March 20, 1935 (Ga. Laws 1935, p. 175). (233) An Act to authorize the officers having charge of county affairs in certain counties of this State to appropriate funds to support a public library, approved August 27, 1931 (Ga. Laws 1931, p. 229). (234) An Act to provide that in all counties of this State having a population of not more than 4,350 and not less than 4,340 according to

the United States census of 1930 or any future census, the County Superintendent of Schools shall be a resident of and shall reside in the county-site of said county, approved March 1, 1933 (Ga. Laws 1933, p. 52). (235) An Act to prohibit goats from running at large in counties of this State having a population of not less than 17,155 and not more than 17,170, according to the United States census of 1930, or any future census, approved March 24, 1939 (Ga. Laws 1939, p. 322). (236) An Act to provide for the compensation of juvenile-court judges in counties of this State having, according to the United States Census of 1930, a population of 26,525 to 26,600 inhabitants, and in counties of this State that may have a population of from 26,525 to 26,600 inhabitants by any future United States Census, approved August 26, 1931 (Ga. Laws 1931, p. 189).
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(237) An Act authorizing the Board of Education of any county having a population of not more than 26,559 and not less than 26,557 according to the 1930 census and authorizing the Board of Education of any city having a population of not more than 15,511 and not less than 15,509 according to the 1930 census to create and establish a retirement fund for teachers and employees of such county and city school systems, approved February 12, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 425). (238) An Act to provide that in the counties of this State having a certain population the residents of independent school systems shall have the right to vote in primaries and election for the election of the County School Superintendent of their respective counties, approved March 2, 1933 (Ga. Laws 1933, p. 54). (239) An Act providing for the payment of fees of clerks and sheriffs of the superior court in divorce cases in all counties of the State of Georgia having a population of not less than 6,000 and not more than 6,100 according to the United States census of 1930 or any future census, approved January 10, 1938 (Ga. Laws 1937-38, p. 331). (240) An Act requiring the payment of fees or costs of the clerks and sheriffs in all divorce and alimony cases in all counties in the State of Georgia having a population of not less than 6,530 and not more than 6,550 according to the United States census of 1930 or any future census, approved February 25, 1939 (Ga. Laws 1939, p. 293). (241) An Act to provide an increase in the fees of Coroners in counties having a population of not less than 14,490 and not more than 14,500, according to the United States census of 1940, or any future United States census, approved February 26, 1947 (Ga. Laws 1947, p. 172). (242) An Act permitting certain outdoor amusements, recreations, and entertainments during certain hours on the Lord's Day, approved February 26, 1941 (Ga. Laws 1941, p. 467). (243) An Act to authorize boards of education of cities and counties having a population of more than 300,000 to establish and operate schools on a twenty-four hour basis and to pay the cost thereof; to provide for the assignment of children to such schools; and to provide for the utilization by such boards of education of other facilities for this purpose, approved March 1, 1943 (Ga. Laws 1943, p. 628).
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(244) An Act to create a Civil Service Board in the cities in the State of Georgia having a population in excess of 200,000 people, approved March 23, 1937 (Ga. Laws 1937, p. 594), as amended by an Act approved January 31, 1946 (Ga. Laws 1946, p. 131). (245) An Act amending Code Section 23-1705, relating to bonds for public contractors, which amendatory Act provides that such bonding provisions are inapplicable to contracts not exceeding $1,000.00 in municipal corporations having a population of 250,000 or more according to the last or any future United States decennial census, approved March 25, 1947 (Ga. Laws 1947, p. 475). (246) An Act to authorize any county in this State having a population of not less than 24,100 and not more than 24,200 inhabitants, according to the 1940 Federal Census, or that may have a population within said limits by any future Federal census to pass zoning and planning laws, approved January 31, 1946 (Ga. Laws 1946, p. 203). (247) An Act to require all candidates for the General Assembly in counties having a population of Twenty Five Thousand One Hundred (25,100) to Twenty Six Thousand One Hundred (26,100) inhabitants, inclusive, according to the United States Census of 1940 or any future census to designate and qualify for the seats in the General Assembly from all such counties and name their incumbent opponents, approved March 27, 1941 (Ga. Laws 1941, p. 447). (248) An Act to increase the fees of Coroners, Jurors summoned by the Coroner, and the Sheriff's fees, in connection with the holding of an inquest upon a dead body, in counties having a population of not less than 25,280 and not more than 25,300, according to the United States Census of 1940, or any future United States Census, approved March 26, 1947 (Ga. Laws 1947, p. 749). (249) An Act to provide that in all counties in the State of Georgia, having a population of not less than 14,523 and not more than 14,527, by the last or any future census of the United States where there is a Probation Officer appointed by the Judge of the Superior Court of said County that, before said Probation Officer shall draw any salary from the public funds of said County, his appointment and salary shall be approved by the Board of County Commissioners of said County, approved March 6, 1945 (Ga. Laws 1945, p. 904).
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(250) An Act prohibiting and regulating the sale of fireworks within any county having a population of not less than 81,000 and not more than 85,000 according to the United States census of 1940, or any future census of the United States, approved February 27, 1947 (Ga. Laws 1947, p. 228). (251) An Act to provide that in all of the counties of this State having a population, according to the official United States census of 1940, or any future census, of not less than 83,783 and not more than 83,799, the Coroner in said counties be authorized to employ a stenographer to take down and transcribe the evidence at any Coroner's inquest, approved March 25, 1947 (Ga. Laws 1947, p. 524). (252) An Act to authorize the clerk of the superior court of any county of the State having a population of not less than 83,000 and not more than 86,000, according to the 1940 United States census or any future United States census, to install and use photostatic equipment or other photographic equipment in recording, in copying, and furnishing copies of any and all instruments, records, and proceedings or parts of the same of record or on file in said office, February 25, 1949 (Ga. Laws 1949, p. 1994). (253) An Act regulating the payment of costs in divorce cases in counties having a population of not less than 9,650 nor more than 9,660 and in counties having a population of not less than 21,030 nor more than 21,110 and in counties having a population of not less than 9,820 nor more than 9,840 according to the 1940 census and any future census, approved March 3, 1943 (Ga. Laws 1943, p. 470). (254) An Act to empower the next Grand Jury after the passage of this Act in all counties in this State having a population of not less than 9,654 and not more than 9,656 inhabitants according to the United States Census of 1940, or any future census, to increase, in their discretion, the compensation of sheriffs, approved March 9, 1945 (Ga. Laws 1945, p. 1116). (255) An Act to provide, in each of the counties of this State having a population of not less than 9,654 and not more than 9,660 according to the United States Census of 1940 and any future United States Census where the Solicitor Generals of the several judicial circuits and the Solicitors of the Several City or County Courts of said counties are on salary bases, the method of distribution and disbursement of funds received from fines and forfeitures in criminal matters
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in excess of costs as prescribed by law, approved January 31, 1946 (Ga. Laws 1946, p. 226). (256) An Act to provide for Home Rule for Counties having populations of between 9,180 and 9,185, according to the 1940 census of the United States of America, approved March 28, 1947 (Ga. Laws 1947, p. 1501). (257) An Act to provide for deposit of costs in divorce cases in all counties having a population of not less than 10,435 nor more than 10,445 under the last or any future federal census, approved March 8, 1945 (Ga. Laws 1945, p. 1041). (258) An Act to provide that in all Counties of Georgia having a population of not less than 5,910 and not more than 6,000 according to the United States Census of 1940, that the Grand Juries of such Counties shall select one or more members of the County Board of Education from any militia district or locality in said counties, approved March 26, 1947 (Ga. Laws 1947, p. 682). (259) An Act to provide in counties of the State of Georgia having a population of not less than 12,190 nor more than 12,210, according to the Federal Census of 1940 and all other future Federal Census, that the Clerk of Superior Court shall attend the trial in the Court of Ordinary of all cases in violation of all traffic laws of the State of Georgia in said counties, approved March 8, 1945 (Ga. Laws 1945, p. 1015). (260) An Act to authorize the officers of any county of this State having a population of not less than 115,000 and not more than 170,000, according to the 1940 United States census, or any future United States census, who have charge of records to install and use photostatic equipment or other photographic equipment in recording and copying such records and in furnishing copies thereof, approved March 28, 1947 (Ga. Laws 1947, p. 1562). (261) An Act to authorize any county in this State having a population of not less than twenty thousand one hundred and twenty and not more than twenty thousand one hundred and thirty, according to the 1940 Federal census, or that may have a population within said limits of any future Federal census, to pass zoning and planning laws, approved March 24, 1941 (Ga. Laws 1941, p. 565).
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(262) An Act providing payment by counties in this State having a population, according to the census of 1940, and of any future census, of not less than 20,120 nor more than 20,130, of actual cost incurred in Superior and City Courts for the trial and conviction of misdemeanor convicts worked by said county upon public roads of same, approved March 15, 1943 (Ga. Laws 1943, p. 452), as amended by an Act approved March 9, 1945 (Ga. Laws 1945, p. 1098). (263) An Act requiring the payment of fees or costs in divorce cases in counties having a population of not less than 20,120 nor more than 20,130 according to the United States census of 1940, approved March 8, 1945 (Ga. Laws 1945, p. 1018). (264) An Act to provide for application of provisions of law regulating the installation of warm air heating equipment in counties having a population of not less than twenty-eight thousand (28,000) and not more than twenty-nine thousand (29,000) inhabitants according to the United States census of 1940 and any future United States census, approved February 17,

1950 (Ga. Laws 1950, p. 325). (265) An Act to provide for the manner of filling vacancies in the offices of clerk and sheriff in all counties having a population of not less than 37,000 and not more than 41,000 population, approved March 12, 1941 (Ga. Laws 1941, p. 327). (266) An Act to provide for additional pay, or compensation, to deputy sheriffs in counties having a population of not less than 37,000 and not more than 41,000, according to the last or any future Federal Census, approved February 2, 1945 (Ga. Laws 1945, p. 122). (267) An Act to regulate the payment of costs in divorce cases in all counties having a population of not less than 33,000 and not more than 33,100 according to the 1940 census and any future census, approved March 8, 1945 (Ga. Laws 1945, p. 987). (268) An Act regulating the payment in advance of costs in divorce cases in all counties having a population of not less than 33,000 and not more than 33,100 according to the 1940 United States census and any future census, approved March 8, 1945 (Ga. Laws 1945, p. 1077). (269) An Act to authorize, permit and allow the Mayor and Council, or other governing authority, of any Incorporated Town or
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City, within said State of Georgia having a population of not less than 1,614 nor more than 1,624 population, according to the Official Census of 1940, to participate in and to assist in the construction, and building of a recreation center, playgrounds, swimming pools, and other Recreational Facilities, approved January 30, 1946 (Ga. Laws 1946, p. 150). (270) An Act authorizing the governing authority of all counties having a population of not less than 85,000 and not more than 100,000 according to the official United States Census or any future census to establish, through a cadastral survey, a field book system for real property identification and evaluation, approved March 27, 1941 (Ga. Laws 1941, p. 482), as amended by an Act approved February 12, 1951 (Ga. Laws 1951, p. 85), and an Act approved April 5, 1961 (Ga. Laws 1961, p. 2919). (271) An Act to provide for compensation of jury commissioners and their clerks in every county of the State of Georgia having a population of not less than 85,000 and not more than 90,000 according to the population of such counties by the United States census of 1940 or any future census, approved March 27, 1941 (Ga. Laws 1941, p. 462). (272) An Act to provide for an increase in the fees of coroners in Counties having a population of not less than 86,000 and not more than 88,000 according to the United States census of 1940, or any future census, approved March 3, 1943 (Ga. Laws 1943, p. 268). (273) An Act to provide that in Counties having a population of not less than 85,000 and not more than 90,000, according to the United States census of 1940, or any future census, a member of the County Board of Education shall be ineligible to succeed himself, approved February 22, 1943 (Ga. Laws 1943, p. 271). (274) An Act providing for the licensing for the sale or distribution of fireworks in every county having a population of not less than 86,000 and not more than 90,000 according to the census of the United States for the year 1940, or according to any future census of the United States, approved January 30, 1946 (Ga. Laws 1946, p. 139), as amended by an Act approved February 8, 1951 (Ga. Laws 1951, p. 61). (275) An Act to authorize the Clerk of the Superior Court or other proper officers in counties of this State having a population of not less
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than 86,000, and not more than 88,000, according to the 1940 United States census or any future census, to install photostatic equipment and other photographic equipment for the purpose of recording all records relating to any court cases, civil or criminal, filed with said Clerk, approved January 30, 1946 (Ga. Laws 1946, p. 231). (276) An Act to provide for the appointment of Special Deputy Sheriffs in certain counties, approved March 9, 1945 (Ga. Laws 1945, p. 1152), as amended by an Act approved February 13, 1952 (Ga. Laws 1952, p. 2490). (277) An Act to authorize and direct the Commissioner of Roads and Revenues and/or other proper officers of all counties in the State of Georgia having a population of not less than Sixteen Thousand Eight Hundred Eighty (16,880) nor more than Sixteen Thousand Eight Hundred and Ninety (16,890) according to the Federal Census of 1940 and all future Federal Census, to pay to the Sheriffs of such counties the sum of Seventy-five ($75.00) Dollars per month, approved January 31, 1946 (Ga. Laws 1946, p. 165). (278) An Act to provide for the method of changing county lines within the limits of incorporated towns and cities having a certain population, approved February 20, 1945 (Ga. Laws 1945, p. 148). (279) An Act to prohibit and regulate the sale of fireworks in any county having a population of 200,000 or more according to the United States census of 1940, or by any future United States census, approved March 12, 1941 (Ga. Laws 1941, p. 444), as amended by an Act approved March 27, 1941 (Ga. Laws 1941, p. 443). (280) An Act to authorize the ordinary in counties of this State having a population of 200,000 or more by the United States Census of 1940, or any future United States census, to install and use photostatic equipment or other photographic equipment for the purpose of recording any papers or documents authorized or required to be recorded in his office or the minutes of his court; to provide that such equipment may be furnished by the proper county authorities; to require the filing and preservation of the films or negatives produced as a result of said photostatic or photographic method of recording, approved March 19, 1943 (Ga. Laws 1943,

p. 563). (281) An Act to empower the governing authority in counties having a population of 200,000 or more, as shown by the United States
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census of 1940, or any subsequent census, to acquire real estate by purchase or condemnation for certain purposes; and for other purposes, approved March 3, 1943 (Ga. Laws 1943, p. 593). (282) An Act to amend Section 32-1403 of Title 32, Education, The Code of Georgia of 1933, so as to permit the Board of Education in counties having a population of more than 200,000 by the last or any future United States Census to call elections on the issuing of school bonds without the necessity of a petition signed by one-fourth of the registered voters, approved March 8, 1945 (Ga. Laws 1945, p. 984). (283) An Act to amend former Code Section 27-2703, relating to probation officers, so as to provide that probation officers and personnel in certain counties shall be subject to civil service systems, approved March 8, 1945 (Ga. Laws 1945, p. 1009). (284) An Act providing that in all counties having a population in excess of 300,000 according to the United States decennial census of 1940 may contract with municipalities therein having independent school systems for trade and vocational schools, approved March 9, 1945 (Ga. Laws 1945, p. 1147). (285) An Act applying to counties having a population of 200,000 or more which makes provisions for the qualification of certain voters, approved February 1, 1946 (Ga. Laws 1946, p. 42). (286) An Act authorizing municipalities to annex certain territories upon the application of all the landowners thereof, but prohibiting such annexation in counties having wholly or partially therein cities having a population of more than 200,000 according to the United States decennial census of 1940 or any future such census, approved January 31, 1946 (Ga. Laws 1946, p. 130), as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1049). (287) An Act authorizing the governing authorities of all counties having a population of 200,000 or more by the last or any future United States Census to adopt regulations for the prevention of fire, approved January 31, 1946 (Ga. Laws 1946, p. 138). (288) An Act to authorize and direct the Commissioner or Commissioners of Roads and Revenues or other authorities having control of the expenditure of County funds in all counties of the State of
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Georgia having a population of not less than 300,000 according to the Federal Census of 1940, or any future Federal Census, to pay to the Ordinary in each such county a salary of $9,000.00 per annum, approved January 31, 1946 (Ga. Laws 1946, p. 141), as amended by an Act approved February 17, 1950 (Ga. Laws 1950, p. 2868), an Act approved January 30, 1951 (Ga. Laws 1951, p. 12), an Act approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2947), and an Act approved March 13, 1957 (Ga. Laws 1957, p. 2865). (289) An Act to fix the amount of the bond of the superior court clerk in certain counties, approved January 31, 1946 (Ga. Laws 1946, p. 222). (290) An Act to amend Title 36, Code of Georgia, 1933, by adding thereto an additional procedure for condemnation of property which shall be applicable to all municipalities and/or counties having a population of more than 250,000 according to the last or any future Federal census; and for other purposes, approved March 25, 1947 (Ga. Laws 1947, p. 601). (291) An Act authorizing the governing authorities of all counties having a population of 200,000 or more according to the United States decennial census of 1940 or any future such census, to lease, rent, convey, or otherwise dispose of for no more than 10 years certain facilities, approved March 26, 1947 (Ga. Laws 1947, p. 685). (292) An Act authorizing the governing authorities of all counties having a population of 300,000 or more according to the United States decennial census of 1940 or any future such census to lease for no more than ten years concession privileges in certain county buildings, approved March 27, 1947 (Ga. Laws 1947, p. 1095). (293) An Act providing that the governing authority of certain counties shall fix the compensation of court bailiffs, approved February 25, 1949 (Ga. Laws 1949, p. 998). (294) An Act to amend Code Section 38-1501 so as to provide witness fees for peace officers in certain counties, approved February 25, 1949 (Ga. Laws 1949, p. 1365). (295) An Act providing for the acquisition, improvement, and maintenance, separately or in cooperation with municipalities, of public parks in all counties having a population of 300,000 or more
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according to the United States census of 1940 or any future such census, approved February 25, 1949 (Ga. Laws 1949, p. 1694). (296) An Act to provide that judges of the superior courts in counties having a population of 300,000, according to the 1940 or any future United States Census, may, in their discretion, refer to the juvenile courts in such counties for investigation and report, any divorce case, or cases, pending in such superior courts, approved February 25, 1949 (Ga. Laws 1949, p. 1816). (297) An Act to authorize the establishment of limited access highways in counties having a population of 300,000 or more according to the United States census of 1940 or any future census; and for other purposes, approved February 25, 1949 (Ga. Laws 1949, p. 1875), as amended by an Act approved February 8, 1955 (Ga. Laws

1955, p. 2152) and an Act approved March 9, 1956 (Ga. Laws 1956, p. 3292). (298) An Act to provide for selection of jurors and grand jurors in certain counties, approved February 25, 1949 (Ga. Laws 1949, p. 1884). (299) An Act providing for the licensure of boarding homes for children in the unincorporated areas of all counties having a population of 300,000 or more by the present or any future United States census, approved February 25, 1949 (Ga. Laws 1949, p. 1942). (300) An Act to increase the salary of coroners in all counties of this State having a population of 300,000 or more according to the present or any future United States census, approved February 16, 1950 (Ga. Laws 1950, p. 298). (301) An Act to amend Code Section 88-203, providing for rules and regulations of county boards of health, which amendatory Act provides for validations and authentication of documents in all counties having a population of 300,000 or more according to the United States decennial census of 1940 or any future such census, approved February 17, 1950 (Ga. Laws 1950, p. 345). (302) An Act to fix the salary of coroners in counties of this State having a population of 300,000 or more according to the present or any future United States census, approved February 17, 1950 (Ga. Laws 1950, p. 421).
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(303) An Act to authorize the board of education of any county having a city of 200,000 population, or more, according to the 1940 U. S. census or any future census, lying in whole or in part within its boundaries to enter into contracts for group life, health or accident insurance, or any other type of group insurance covering the employees of the board of education of said county, including the right to pay a portion of the premiums thereof, approved February 16, 1950 (Ga. Laws 1950, p. 2609). (304) An Act to authorize and direct the commissioners of roads and revenues or other county authority in all counties in the State of Georgia having a population of 200,000 or more according to the United States census of 1940 or any future United States census to pay the sheriff of such county an annual salary of not less than eight thousand ($8,000.00) dollars nor more than ten thousand ($10,000.00) dollars, approved February 17, 1950 (Ga. Laws 1950, p. 2893). (305) An Act providing additional regulations for the qualification of candidates for public office in all primaries and general elections in counties having a population of more than 300,000 according to the last or any future Federal decennial census, approved February 21, 1951 (Ga. Laws 1951, p. 536). (306) An Act to provide for and regulate the payment of compensation out of the county treasury of official court reporters of the superior courts of counties of this State having more than 450,000 population according to the last or any future federal census, approved February 8, 1955 (Ga. Laws 1955, p. 2092). (307) An Act empowering all counties having a population of 300,000 or more according to the 1950 United States census or any subsequent census and all cities and towns located in whole or in part within such counties to adopt official mapped street plans, approved March 7, 1957 (Ga. Laws 1957, p. 2643), as amended by an Act approved April 14, 1967 (Ga. Laws 1967, p. 3133) and by an Act approved April 13, 1973 (Ga. Laws 1973, p. 2629). (308) An Act to authorize the Commissioners of Roads and Revenues and/or other proper officers of all counties in the State of Georgia, having a population of not more than twelve thousand seven hundred and seventy (12,770) nor less than twelve thousand seven hundred and sixty (12,760) according to the Federal Census of 1940, because of the extra duties imposed on the Sheriffs of such counties,
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to pay the Sheriffs of such counties a sum not exceeding One Hundred ($100.00) Dollars a month in addition to the fees and compensation now paid to said Sheriffs, approved March 9, 1945 (Ga. Laws 1945, p. 1106). (309) An Act to provide that in counties having a population of not less than 14,375 and not more than 14,380 according to the Federal Census of 1940, or any future Federal Census, where there is no city court, the clerk of the superior court of such county shall attend the trial in the court of ordinary of such county in all cases where there is a charge for violation of the traffic laws of this State, approved February 25, 1949 (Ga. Laws 1949, p. 1869). (310) An Act to provide that in all counties of the State having a population of not less than 11,300, nor more than 11,305, according to the official United States Census of 1940, or any future census, the Board of Roads and Revenues shall divide the county into five districts, approved March 15, 1943 (Ga. Laws 1943, p. 626). (311) An Act to provide for the distribution of excess or surplus funds in the fine and forfeiture fund of the Superior Court in any of the counties of this State having a population, according to the official census of the United States for 1940, or any future official census of the United States, of not less than 11,303 and not more than 11,321, approved February 27, 1947 (Ga. Laws 1947, p. 206). (312) An Act requiring the payment of fees of clerks and sheriffs in divorce cases in all counties having a population of not less than 20,040 nor more than 20,075 according to the United States census of 1940 or any future census, approved March 15, 1943 (Ga. Laws 1943, p. 472). (313) An Act to provide in counties of the State of Georgia having a population of not less than 5,500 and not more than 6,000, according to the Federal census of 1940 and any future census, that the clerk of superior court shall attend the trial in the court of ordinary of all cases for violation of all traffic laws of the State of Georgia in said counties, approved

February 25, 1949 (Ga. Laws 1949, p. 1879). (314) An Act to provide for procedure in misdemeanor cases in certain counties, approved March 27, 1941 (Ga. Laws 1941, p. 466).
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(315) An Act to provide for the compensation of the chairman and the members of the board of education in all counties of this State having a population of not less than 8,590 and not more than 8,600 according to the 1940 or any future census, approved February 7, 1950 (Ga.Laws 1950,p.2051). (316) An Act to authorize all County Boards of Education in Counties having a population of not less than 6,200 and not more than 6,500, according to the United States Census of 1940, or any future census, to call an election for a bond issue in any given local school district in said counties, for the purpose of erecting, repairing and maintaining school buildings, approved January 31, 1946 (Ga. Laws 1946,p.168). (317) An Act to provide that the Commissioners of Roads and Revenues, or other authorities having control of the expenditures of county funds, in all counties in the State of Georgia having a population of not less than 22,025 and not more than 22,080, according to the United States Census of 1940, or any other future United States Census, may, in their discretion pay to the clerks of the Superior Court of such counties, in addition to the fees and compensation now paid, the sum of not exceeding $50 per month, payable monthly, for the employment of a deputy clerk, approved March 9, 1945 (Ga.Laws 1945,p.1155). (318) An Act requiring the payment of fees in divorce cases in counties having a population of not less than 22,055 and not more than 22,100 according to the United States census of 1940 or any future census, approved January 30, 1946 (Ga.Laws 1946,p.224). (319) An Act authorizing the county commissioners of counties with a population of not less than 23,255 nor more than 23,270 to provide for, regulate and pay a pension to county employees with 35 or more years of service, approved March 24, 1947 (Ga.Laws 1947, p.145). (320) An Act to authorize the Commissioners of Roads and Revenues, or other governing authority, of all Counties in the State of Georgia having a population of not less than 57,000 and not more than 80,000 according to the United States Census of 1940, or any future United States census, to contract for group insurance for the benefit of County officers and employees, approved March 27, 1941 (Ga.Laws 1941,p.395).
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(321) An Act to empower all Counties in the State of Georgia having not less than 57,000 inhabitants and not more than 80,000 inhabitants according to the United States census, to grant a pension to any retired employee who has become permanently and physically disabled in the service of such county, approved March 27, 1941 (Ga.Laws 1941,p.400). (322) An Act to provide for the appointment by the Ordinaries to fill any vacancy in the office of County Surveyor caused by resignation, or any cause, in all Counties having a population of not less than 57,000 and not more than 80,000, according to the 1940 United States census, or any future United States census, approved March 27, 1941 (Ga.Laws 1941,p.421). (323) An Act to confer the right of eminent domain for the purpose of laying water mains and pipes and sanitary sewer lines upon all Counties in this State having a population of not less than 57,000 and not more than 80,000 by the United States census of 1940, or any future United States census, approved March 27, 1941 (Ga.Laws 1941,p.490). (324) An Act requiring a license for the sale or distribution of fireworks in every county in the State of Georgia having a population of not less than 57,000 and not more than 80,000 according to the census of the United States for the year 1940, or according to any future census of the United States, approved March 27, 1941 (Ga.Laws 1941, p.494). (325) An Act to empower all Counties having a population of not less than 57,000 and not more than 80,000, according to the 1940 United States census or any future United States census, to lay and install sanitary sewers and water mains and pipes, approved March 27, 1941 (Ga.Laws 1941,p.496). (326) An Act to regulate the salaries of stenographic reporters of the Superior Courts of all Judicial Circuits of this State in all Counties having therein a city with a population of not less than 50,000 or more than 55,000, according to the United States census of 1940, or that may hereafter have such population according to any future United States census; and for other purposes, approved March 24, 1941 (Ga.Laws 1941, p. 993), as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p.1666).
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(327) An Act to protect the health and safety of the several counties of this State and the inhabitants of such counties, approved March 6, 1945 (Ga.Laws 1945,p.900). (328) An Act to provide for and regulate the salaries of secretaries of the Judges of the Superior Courts of all Judicial Circuits of this State in all counties having a population of not less than 75,484 or more than 75,504, according to the United States Census of 1940, or that may hereafter have such population according to any future United States census, approved March 6, 1945 (Ga.Laws 1945,p.952). (329) An Act to authorize counties having a population of not less than 75,484 and not more than 75,504 according to the United States census of

1940, or any future United States census, to assign identifying numbers to all dwellings, stores and other structures in such counties and outside the corporate limits of any municipality, approved March 8, 1945 (Ga.Laws 1945,p.993). (330) An Act to provide for an increase in the fees of coroners in counties having a population of not less than 75,484 and not more than 75,504 according to the United States census of 1940, or any future census, approved March 8, 1945 (Ga.Laws 1945,p.995). (331) An Act to provide for an increase in the fees of jurors in certain counties having a population of not less than 75,484 and not more than 75,504, according to the United States Census of 1940, or any future United States census, approved March 9, 1945 (Ga.Laws 1945,p.1105). (332) An Act to authorize the officers of any county of this State having a population of not less than 70,000 and not more than 80,000 according to the 1940 United States Census or any future United States Census, who have charge of records, including certain officers, to install and use photostatic equipment or other photographic equipment in recording and copying such records and in furnishing copies thereof, approved March 24, 1947 (Ga.Laws 1947,p.10). (333) An Act to provide for the appointment by the Coroner of a Deputy-Coroner in counties having a population of not less than 75,484 persons and not more than 75,504 persons, according to the United States census of 1940 or any future United States census, approved February 17,1947 (Ga.Laws 1947,p.15).
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(334) An Act authorizing any county of this State having a population of not less than 60,000 and not more than 80,000 according to the 1940 Federal census or any future Federal census to pass planning laws, approved February 25, 1949 (Ga.Laws 1949, p.1710). (335) An Act to provide additional compensation for the official stenographic reporter of Superior Courts of judicial circuits in the State of Georgia having a population in said circuits of not more than 76,610 and not less than 76,600, according to the 1940 Federal Census, approved March 27, 1941 (Ga.Laws 1941,p.992). (336) An Act to provide for deposit of fees in divorce cases in all counties having a population of not less than 28,465 nor more than 28,470 under the last or any future federal census, approved March 6, 1945 (Ga.Laws 1945,p.908). (337) An Act to authorize the Clerks of the Superior Courts in all counties of the State, with a population of not more than 9,835, nor less than 9,825, according to the last official United States census, or any future census, to make official bonds incorporated fidelity company as surety thereon, approved March 27, 1941 (Ga.Laws 1941, p. 383). (338) An Act to provide, in each of the counties of this State having a population of not less than 9,827 and not more than 9,832 according to the United States Census of 1940 and any future Census where the Solicitors General of the several Judicial Circuits and the Solicitors of the several City or County Courts of said Counties are on salary basis, the method of distribution and disbursement of funds received from fines and forfeitures in criminal matters in excess of costs as prescribed by law, approved February 17, 1947 (Ga.Laws 1947,p.9). (339) An Act to provide for coroner's fees and payment for jurors in Coroner's inquest in counties having a population of not less than 9,827 and not more than 9,832 according to the United States Census of 1940 and any future census, approved March 26, 1947 (Ga.Laws 1947,p.784). (340) An Act to provide in counties in the State of Georgia having a population of not less than 3,430 nor more than 3,440 according to the Federal Census of 1940 and all other future Federal Census that when a vacancy in the office of sheriff occurs because said Sheriff has
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entered the armed forces of the United States, that the Governor shall appoint a competent person to act as sheriff, approved March 11, 1943 (Ga.Laws 1943,p.592). (341) An Act amending Code Section 24-3406 so as to increase the deposits in certain divorce cases in counties having a population of not less than 81,000 and not more than 82,000 under the last or any future federal census and in all counties having a population of not less than 117,000 and not more than 218,000 under the last or any future federal census, approved March 20, 1943 (Ga.Laws 1943,p.289). (342) An Act to provide for the appointment of an Assistant Solicitor of the City Court of all counties in this State having a population of not less than 81,800 and not more than 83,000 according to the United States Census of 1940 or any future United States Census, approved March 18, 1943 (Ga. Laws 1943, p. 431), as amended by an Act approved March 8, 1945 (Ga.Laws 1945,p.991). (343) An Act to amend an Act of the General Assembly of Georgia of 1890-91 (Georgia Laws, page 223) providing for the appointment of special criminal bailiff in counties having a population of 20,000 or more, as amended, so as to change the compensation of the Assistant Solicitors General in counties having a population, according to the United States Census of 1940 or any future United States Census, of not less than 81,800, and not more than 83,775, as amended by an Act approved March 9, 1945 (Ga. Laws 1945, p. 1148) and an Act approved February 20, 1953 (Ga.Laws 1953, Jan.-Feb.Sess.,p.2476). (344) An Act to provide for the appointment of stenographic reporters of city courts in counties having a city therein of not less than 65,000, nor more than 95,000, inhabitants, according to the United States Census of 1940, or any future census; and for other purposes, approved March 9, 1945 (Ga. Laws 1945, p. 1107), as

amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1662), an Act approved February 21, 1951 (Ga. Laws 1951, p. 749), an Act approved February 20, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p.2475), and an Act approved March 13, 1957 (Ga.Laws 1957, p.3092). (345) An Act to provide in all counties of the State of Georgia having a population under the 1940 United States Census or any subsequent United States census of not less than 81,000 inhabitants nor more than 83,000 inhabitants, the fixing of the salaries of the
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court reporter and bailiff to the Superior Court judge, approved March 9, 1945 (Ga. Laws 1945, p. 1118), as amended by an Act approved February 25, 1949 (Ga.Laws 1949,p.1529). (346) An Act to provide for the appointment of a clerk for the office of the Solicitor of the City Court of all counties of this State having a population of not less than 81,000 and not more than 83,000 according to the United States Census of 1940 or any future United States Census, approved March 9, 1945 (Ga. Laws 1945, p. 1179). (347) An Act providing, for counties having a population between 81,000 and 82,000 under the 1940 United States Census or any subsequent census, a county planning and zoning commission and a county board of zoning appeals, approved February 17, 1947 (Ga.Laws 1947,p.78). (348) An Act to provide in all counties of this State having a population of not less than 81,800 and not more than 83,000 by the last or any future census of the United States an annual salary for coroners and to fix the fees of the coroner's jurors, approved February 25,1949 (Ga.Laws 1949,p.2033). (349) An Act to provide for the appointment of special criminal bailiffs in certain counties, approved February 25, 1949 (Ga. Laws 1949, p. 2089), as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 632), an Act approved February 20, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2476), and an Act approved March 13, 1957 (Ga.Laws 1957,p.3230). (350) An Act to authorize, permit and allow, the Commissioner of Roads and Revenue, or other governing authority, of any County within the State of Georgia, having a population of not less than seven thousand, seven hundred nineteen nor more than seven thousand seven hundred twenty-nine, according to the official census of 1940 to participate in and assist in the construction of recreation facilities, approved January 30, 1946 (Ga. Laws 1946, p. 132). (351) An Act providing for the use of voting machines for casting, registering, recording, and computing ballots or votes of all elections in any and all municipalities and cities in Georgia having a population of not less than 95,000 and not more than 200,000 according to the United States census of 1940 or any future census, approved March 26, 1947 (Ga. Laws 1947,p.791).
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(352) An Act to provide for the appointment of special criminal bailiffs in all counties of this State having a population of not more than 20,400 and not less than 20,300 according to the United States Census of 1940 or any future census, approved February 26, 1941 (Ga. Laws 1941, p. 424). (353) An Act to authorize the Commissioners of Roads and Revenues, or other officials having control of the fiscal affairs, of the counties in the State of Georgia, having a population of not less than 15,140 and not more than 15,200 according to the Federal Census of 1940 and future census, to fix and pay, in their discretion, a salary of not more than $100 per month to the deputy clerks of Superior Courts of such counties, approved January 31, 1946 (Ga. Laws 1946, p. 223). (354) An Act to regulate the eligibility of Councilmen and Aldermen of certain towns and cities in this State for election to other Municipal Offices, approved March 2, 1943 (Ga. Laws 1943, p. 269). (355) An Act to provide for deposit of costs in divorce cases in all counties having a population of not less than 7,600 nor more than 7,650 under the last or any future federal census, approved March 20, 1943 (Ga. Laws 1943, p. 471). (356) An Act to provide for the minimum compensation to be paid County School Superintendents by County Boards of Education in Counties having a population between 7,680 and 7,695, approved March 3, 1943 (Ga. Laws 1943, p. 627). (357) An Act to increase the fees of coroners, and jurors summoned by the coroner, for services in connection with the holding of inquests in counties having a population of not less than 25,055 and not more than 25,075 according to the United States Census of 1940, or any future census, approved March 6, 1945 (Ga. Laws 1945, p. 882), as amended by an Act approved February 20, 1951 (Ga. Laws 1951, p. 353) and an Act approved February 13, 1952 (Ga. Laws 1952, p. 2459). (358) An Act to provide for compensation of deputy clerks in all counties in the State of Georgia having a population of not less than 10,230 and not more than 10,240, according to the 1940 Federal Census, approved March 9, 1945 (Ga. Laws 1945, p. 1151), as amended by an Act approved March 26, 1947 (Ga. Laws 1947, p. 821).
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(359) An Act requiring the payment of fees in divorce cases in all counties having a population of not less than 24,230 and not more than 24,430 according to the United States census of 1940 or any future census, approved March 3, 1943 (Ga. Laws 1943, p. 473). (360) An Act to set up the method of electing members of County Boards of Education, in all

Counties in this State of Georgia having a population of not more than four thousand seven hundred and thirty (4,730) and not less than four thousand seven hundred and twenty (4,720) according to the Federal Census of 1940 and all other future Federal Censuses, approved March 3, 1943 (Ga. Laws 1943, p. 624). (361) An Act to provide for the disposition and application of fines and forfeitures arising in criminal cases in the Superior Courts and Ordinaries Traffic Courts in Counties of this State having by the United States Census of 1940 and any future United States Census taken, a population of not less than 8,530 and not more than 8,540, approved January 30, 1946 (Ga. Laws 1946, p. 134). (362) An Act requiring the payment of fees in divorce cases in all counties having a population of not less than 12,725 and not more than 12,775 according to the United States census of 1940 or any future census, approved March 9, 1945 (Ga. Laws 1945, p. 1099). (363) An Act to provide for coroner's fees and the payment of jurors in coroner's inquest in all counties having a population of not less than 12,751 and not more than 12,758 according to the United States Census of 1940 and any future census, approved March 25, 1947 (Ga. Laws 1947, p. 297). (364) An Act authorizing towns and cities having a population of 12,800 or less inhabitants according to the United States Census of 1940, and not over 12,900 inhabitants according to United States Census of 1940, of the State of Georgia shall have the power and authority, to declare open or closed public streets and alleyways, or parts thereof, within their corporate limits, approved March 8, 1945 (Ga. Laws 1945, p. 1010). (365) An Act to amend Section 32-904 of the Code of 1933 (Acts 1919, Sec. 79, p. 321) providing the amount of compensation payable to members of County Boards of Education by changing the amount of such compensation from per diem not to exceed $2.00 for each days actual service, so as to provide that such per diem shall not exceed
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$5.00 for each days actual service, approved March 5, 1943 (Ga. Laws 1943, p. 270). (366) An Act to authorize certain cities to contract with the counties in which they are located for the operation of schools within an area of such county to be annexed to such city, approved February 19, 1951 (Ga. Laws 1951, p. 199). (367) An Act providing that when the corporate limits of cities having a population of more than 300,000 according to the last or any future Federal decennial census are extended, the governing authorities of such cities shall call an election for the purpose of electing officials under certain circumstances, approved February 21, 1951 (Ga. Laws 1951, p. 3100). (368) An Act to provide that in cities having a population of seventy-one thousand or more according to the official census of the United States of 1950, or any future census, members of the city council or board of aldermen shall be competent to hold any other office in the city, approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 533). (369) An Act amending Code Section 34-1904, relating to ballots in elections other than primary elections, so as to regulate the time and manner of holding elections in cities having a population of more than 300,000 according to the last or any future Federal decennial census, approved January 5, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 481). (370) An Act entitled An Act to amend an Act entitled `An Act to authorize the governing authority of the several municipalities of this State to enact zoning and planning ordinances and regulations; to provide the procedure for zoning and planning; to provide for the establishment of planning boards and boards of adjustment and for other purposes,' approved January 31, 1946 (Ga. Laws 1946, p. 191-203), as amended, so as to provide for the issuance of special use permits by the governing authorities of municipalities of this State having a population of more than 300,000 according to the United States Census of 1950 or any future United States Census and the conditions thereof; to repeal conflicting laws; and for other purposes. approved March 23, 1960 (Ga. Laws 1960, p. 3222).
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(371) An Act to provide that in certain counties of this State the members of the County Board of Education shall be compensated in the amount of not to exceed twenty-five ($25.00) dollars for each day of actual service out of the school funds appropriated to the county, approved March 17, 1958 (Ga. Laws 1958, p. 2376). (372) An Act to provide that in all counties in this State having a population of not less than 29,700 and not more than 29,750, according to the 1950 United States census, or any future United States census, the clerks of superior courts may provide separate index books for recording instruments affecting real estate and personal property, approved February 21, 1951 (Ga. Laws 1951, p. 468). (373) An Act providing for law libraries in counties having a population of not less than 27,200 and not more than 27,600 according to the United States official census for 1950, or any future census, approved March 10, 1959 (Ga. Laws 1959, p. 3001). (374) An Act to create a new militia district in certain counties, approved February 15, 1960 (Ga. Laws 1960, p. 2105). (375) An Act to provide for the appointment of special criminal bailiffs in counties having a population of not less than 24,600 and not more than 24,950 according to the United States census of 1950, or any future United States census, approved February 21, 1951 (Ga. Laws 1951, p. 794). (376) An Act to provide for the composition of the boards of education in certain counties, approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2996). (377)

An Act to provide that no schools in any county having a certain population shall be consolidated without a vote of the persons living in the affected county, approved February 27, 1956 (Ga. Laws 1956, p. 2595). (378) An Act to fix the hours of commercial fishing in certain counties, approved March 17, 1958 (Ga. Laws 1958, p. 2695). (379) An Act to amend Section 32-904 of the Code of Georgia, relating to the compensation of the members of the county boards of education, so as to increase such compensation in all counties of this State having a population of not more than 8,300 and not less than
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8,000 by the last census, approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 523). (380) An Act to provide in counties of the State of Georgia having a population of not less than 15,120, nor more than 15,600, according to the Federal census of 1950 and all other future Federal census that the clerk of superior court shall attend the trial in the court of ordinary of all cases for violation of all traffic laws of the State of Georgia in said counties, approved February 21, 1951 (Ga. Laws 1951, p. 454). (381) An Act to provide that members of the board of education in all counties having a population of not more than 4,950 and not less than 4,815 according to the United States census of 1950 or any future census shall be paid the sum of twenty ($20.00) dollars for each day's service not to exceed forty ($40.00) dollars per month, to be paid from the county school funds, approved March 17, 1956 (Ga. Laws 1956, p. 3484). (382) An Act to amend an Act comprehensively and exhaustively superseding and revising the laws relating to the State Game and Fish Commission, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, so as to prohibit certain conduct in certain counties; and for other purposes, approved March 25, 1958 (Ga. Laws 1958, p. 408). (383) An Act regulating private and commercial crabbing in all counties of this State having a population of more than 150,000, according to the 1950 United States census or any future such census; and for other purposes, approved March 10, 1959 (Ga. Laws 1959, p. 2613). (384) An Act to provide that in all counties in this State having a population of not less than 20,500 and not more than 20,900, according to the 1950 United States census, or any future United States census, the clerks of the superior court may provide separate index books for recording instruments affecting real estate and personal property, approved December 18, 1953 (Ga. Laws 1953, Nov.-Dec., p. 325). (385) An Act to authorize an increase in the compensation of the treasurer in all counties having a population of 36,000 to 38,000 in the 1950 census or any future census, approved March 10, 1959 (Ga. Laws 1959, p. 2738).
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(386) An Act to provide that in all counties in the State of Georgia having a population, according to the United States census of 1950, and any future census of the United States, of not less than 5,815 inhabitants and not more than 5,845 inhabitants, the board of commissioners of roads and revenues may pay the sheriff a subsistence, approved February 5, 1952 (Ga. Laws 1952, p. 2051). (387) An Act to require jury commissioners in counties having a population of not less than 22,800 and not more than 23,200, according to the 1950 United States census, or any future United States census, in all future registers of the traverse jury list to place all tickets containing the names of traverse jurors in one box for the use of superior courts, approved March 4, 1955 (Ga. Laws 1955, p. 446). (388) An Act abolishing certain city courts in all counties of this State having a population of not more than 23,400 and not less than 22,700 according to the 1950 Federal, or any future such census, approved February 27, 1956 (Ga. Laws 1956, p. 2587). (389) An Act to provide for the examination for qualified electricians in counties having a population of not less than 22,650 and not more than 23,450, according to the United States Census of 1950 or any future United States Census, approved March 25, 1958 (Ga. Laws 1958, p. 3042). (390) An Act to provide that the governing authorities of certain counties may charge for inspection, require permits, set up a code, and provide rules and regulations for the installation of plumbing, approved March 25, 1958 (Ga. Laws 1958, p. 3092). (391) An Act to provide that in certain counties the governing authority may establish rules and regulations for the county police on the civil service plan, approved February 26, 1959 (Ga. Laws 1959, p. 2096). (392) An Act to authorize a stenographer to be present with the grand jury while witnesses are being examined by the grand jury in counties having a population of not less than 22,700 and not more than 23,000 according to the United States Census of 1950 or any future census, approved March 10, 1959 (Ga. Laws 1959, p. 2632), as amended by an Act approved February 27, 1962 (Ga. Laws 1962, p. 2287).
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(393) An Act to provide that members of the county boards of education in all counties of this State having a population of not more than 6,008 and not less than 5,970 according to the 1950 United States census or any future such census, shall be paid a per diem of not more than twenty dollars ($20.00) per day for actual services but not to exceed twenty-four days

in any one calendar year, approved March 17, 1956 (Ga. Laws 1956, p. 3460). (394) An Act to provide for the hours of holding elections in certain counties, approved February 15, 1952 (Ga. Laws 1952, p. 2617). (395) An Act to provide in counties of this State having a population of not less than 55,000 and not more than 62,000, according to the 1950 United States census, or any future United States census, the clerks of the superior courts may provide separate index books for recording instruments affecting real estate and personal property, approved March 9, 1955 (Ga. Laws 1955, p. 612). (396) An Act to provide that the governing authorities of certain counties may fix license fees, charge for inspections, require permits and to set up a code, and provide rules and regulations for the installation of plumbing in said counties, approved March 16, 1955 (Ga. Laws 1955, p. 3392). (397) An Act to authorize the board of county commissioners of roads and revenues, or other fiscal agent, in all counties having a population under the 1950 United States census of not less than 9,500 and not more than 9,550, and in any county under any future census having a population within said limits, to name and designate a building inspector for the unincorporated areas of the county, approved February 16, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2316). (398) An Act to provide for application of the law relating to the regulation of installation of warm air heating equipment to all counties having a population of not less than 27,786 and not more than 29,000 inhabitants according to the United States census of 1950 or any other future United States census, approved February 27, 1956 (Ga. Laws 1956, p. 328). (399) An Act to change certain fees charged by the clerk of the superior court in all counties having a population of not less than 120,000 and not more than 145,000 according to the United States
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census of 1950 or any future census, approved February 8, 1951 (Ga. Laws 1951, p. 70). (400) An Act amending Code Section 24-2714, relating to duties of superior court clerks, so as to provide that the clerk of superior court of certain counties is not required to keep duplicates of the issue and motion dockets for the use of the bar, approved February 19, 1951 (Ga. Laws 1951, p. 279). (401) An Act amending Code Sections 24-2823 and 77-103, so as to regulate the cost of feeding prisoners in all counties in this State having a population of not less than 120,000 and not more than 145,000, according to the 1950 United States census, or any future United States census, approved February 13, 1952 (Ga. Laws 1952, p. 118), as amended by an Act approved April 5, 1961 (Ga. Laws 1961, p. 500). (402) An Act to provide that in all counties of this State having a population of not less than 120,000 and not more than 145,000, according to the 1950 United States census, or any future United States census, an annual and continuing audit shall be made of county affairs, approved March 7, 1955 (Ga. Laws 1955, p. 476). (403) An Act authorizing the governing authorities of all counties having a population of not less than 135,000 and not more than 150,000 according to the United States decennial census of 1950 or any future such census, to provide for plumbing regulations, approved March 3, 1955 (Ga. Laws 1955, p. 2479), as amended by an Act approved April 5, 1961 (Ga. Laws 1961, p. 3378). (404) An Act authorizing the governing authorities of all counties having a population of not less than 135,000 and not more than 150,000 according to the United States census of 1950 or any future such census, to provide for heating and air-conditioning codes and regulations, approved March 3, 1955 (Ga. Laws 1955, p. 2505), as amended by an Act approved April 5, 1961 (Ga. Laws 1961, p. 3018). (405) An Act to provide for county probation officers in certain counties, approved February 13, 1956 (Ga. Laws 1956, p. 65). (406) An Act to provide that in all counties having a population according to the United States census of 1950 or any future United States census of not less than 120,000 nor more than 150,000 there
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shall be an assistant solicitor-general in lieu of a special criminal bailiff, approved February 27, 1956 (Ga. Laws 1956, p. 2612). (407) An Act to make it unlawful for any person to place advertisements on certain roads and right-of-ways in certain counties; and for other purposes, approved March 13, 1957 (Ga. Laws 1957, p. 3091). (408) An Act to amend Section 32-904 of the Code of Georgia, relating to the compensation of the members of the county boards of education, so as to increase such compensation in all counties of this State having a population of not more than 140,000 and not less than 130,000 by the last census, approved March 17, 1959 (Ga. Laws 1959, p. 3132). (409) An Act providing for law libraries in counties having a population of not less than 135,000 nor more than 140,000 according to the United States official census for 1950, or any future census, approved April 5, 1961 (Ga. Laws 1961, p. 3443). (410) An Act to provide that in all counties in this State having a population of not less than 12,160 and not more than 12,190, according to the 1950 United States census, or any future United States census, the clerks of the superior courts may provide separate index books for recording instruments affecting real estate and personal property, approved February 16, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 64). (411) An Act to provide for the distribution of fines and forfeitures paid into the Superior Courts of certain counties, approved March 13, 1957 (Ga. Laws 1957, p. 500). (412) An Act to provide in certain counties the coroner will be paid a fee for investigating a case where no inquest is held, approved March 7, 1957

(Ga. Laws 1957, p. 2618). (413) An Act to provide that in certain counties the sheriff shall be entitled to a recovery fee for taking into custody any stolen motor vehicle, approved March 13, 1957 (Ga. Laws 1957, p. 3102). (414) An Act to provide in counties of the State of Georgia having a population of not less than 15,120, nor more than 15,600, according to the Federal census of 1950 and all other future Federal census that
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the clerk of superior court shall attend the trial in the court of ordinary of all cases for violation of all traffic laws of the State of Georgia in said counties, approved February 21, 1951 (Ga. Laws 1951, p. 454). (415) An Act to increase coroner's fees in counties in designated classifications, approved February 12, 1952 (Ga. Laws 1952, p. 115). (416) An Act to amend Section 32-904, Georgia Code 1933, relating to compensation for members of county boards of education, so as to provide a different compensation for members of the county boards of education in all counties of this State having a population of not less than 62,800 and not more than 63,000 according to the 1950 Federal census, or any future Federal census, approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 517). (417) An Act to make provisions under the Teachers Retirement System for teachers who are over age in counties with a population of 62,800-63,000 according to the 1950 census, approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 177). (418) An Act providing for law libraries in counties having a population of not less than 62,850 and not more than 62,950 according to the United States official census for 1950, or any future census, approved March 13, 1957 (Ga. Laws 1957, p. 3299), as amended by an Act approved April 6, 1967 (Ga. Laws 1967, p. 2769). (419) An Act to apply provisions of law regulating the installation of warm air heating equipment in counties having a population of not less than 62,850 and not more than 108,000 according to the United States census of 1950 or any future such census, approved March 25, 1958 (Ga. Laws 1958, p. 627). (420) An Act to amend subparagraph 9 of Paragraph 5 of Section 24-2714 of the 1933 Code of Georgia by providing that in counties having a population of 300,000 or more by the United States census of 1950 or any future United States census, the clerk of the superior court may keep certain records by microfilm or other photographic process of a permanent nature, approved February 19, 1951 (Ga. Laws 1951, p. 197). (421) An Act to fix the salary of the judges of juvenile courts in counties of Georgia having a population of 300,000 or more by the last
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or any future United States census, approved February 20, 1951 (Ga. Laws 1951, p. 388). (422) An Act to provide for selection of traverse jurors for all courts from a single box in certain counties, approved February 21, 1951 (Ga. Laws 1951, p. 470). (423) An Act to provide for the payment of an annual salary in lieu of coroner's fees to the coroner in counties of this State having a population of 300,000 or more according to the 1950 or any future United States census, approved February 21, 1951 (Ga. Laws 1951, p. 543). (424) An Act to amend an Act providing for county boards of health and related matters, approved March 20, 1943 (Ga. Laws 1943, p. 371), so as to provide for boards of health in all counties and certain municipalities therein having a population of 300,000 or more according to the United States Census of 1950, or any future such census, approved February 21, 1951 (Ga. Laws 1951, p. 555), as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 333), and an Act approved February 27, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2777). (425) An Act relating to county police and certain cities rendering police services in all counties of this State having therein the greater part of a city with a population of 300,000 or more, according to the U. S. census of 1950 or any future U. S. census, approved February 21, 1951 (Ga. Laws 1951, p. 591). (426) An Act to limit in counties having a population of 300,000 or more, according to the United States census of 1950 or any future United States census the amount of money that may be expended by county authorities for road purposes; and for other purposes, approved February 21, 1951 (Ga. Laws 1951, p. 765), as amended by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3546). (427) An Act limiting counties having a population of 300,000 or more according to the United States census of 1950 or any future United States census the use by such counties of convict labor, county property or county funds for the purpose of building or maintaining a system of county roads, approved February 21, 1951 (Ga. Laws 1951, p. 817), as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 2717), an Act approved March 17, 1956 (Ga. Laws 1956, p. 3492).
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(428) An Act to add an additional procedure for condemnation of property which shall be applicable to all municipalities and/or counties having a population of more than 250,000 according to the last or future Federal decennial census, approved February 6, 1952 (Ga. Laws 1952, p. 29). (429) An Act applicable to every county in the State having a population of more than 300,000 according to the last or any future Federal decennial census and to the principal city

located wholly or partially in such county, creating a commission to study pensions and providing $25,000.00 for expenses, approved February 15, 1952 (Ga. Laws 1952, p. 2798) as amended by an Act approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2823) and by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3392). (430) An Act to lend dignity and respect to the judiciary of this State by requiring all judges to wear black robes while presiding in court in counties having a certain population, approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 208). (431) An Act to provide a procedure for condemnation in all municipalities and/or counties having a population of more than 250,000 according to the last or future Federal decennial census, approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 360). (432) An Act amending Code Section 68-201, relating to the registration and licensing of motor vehicles, which amendatory Act provides for the payment of certain penalties in all counties and cities having a population of 300,000 or more according to the United States decennial census of 1950 or any future such census, approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 392), as amended by an Act approved March 17, 1959 (Ga. Laws 1959, p. 351). (433) An Act relating to the use of convict labor for road construction and the construction of roads in municipalities having populations not exceeding 5,000 within counties having a population of 300,000 or more according to the United States census of 1950 or any future United States census, approved February 26, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2703). (434) An Act to authorize the boards of education of independent school systems of cities located in whole or in part in counties having a population of more than 300,000, or any county adjoining such a
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county, and the board of education of any such county or adjoining county, to provide for the operation of speech correction and other specialized schools, approved January 5, 1954 (Ga. Laws 1954, Nov.-Dec. Sess., p. 474). (435) An Act to amend Code Section 38-1501 so as to provide witness fees for peace officers in certain counties, approved March 9, 1955 (Ga. Laws 1955, p. 653). (436) An Act to fix the salaries of the judges of juvenile courts in counties of Georgia having a population of 400,000 or more by the last or any future United States census, approved March 9, 1955 (Ga. Laws 1955, p. 3371). (437) An Act to amend an Act providing a complete and comprehensive vital statistic law for Georgia, approved March 8, 1945 (Ga. Laws 1945, p. 236), to provide for the appointment of local registrars in all counties of the State having a population of 300,000 or more by the last United States census or any succeeding United States Census, approved February 27, 1956 (Ga. Laws 1956, p. 303). (438) An Act to require the commissioners of roads and revenues in counties having a population of not less than 300,000 according to the last or any future census of the United States to pay certain amounts on a monthly basis to the board of education thereof, approved February 28, 1956 (Ga. Laws 1956, p. 2764). (439) An Act to amend Code Section 114-101, as amended, relating to the definition of Employer and Employee for the purposes of workmen's compensation, so as to include in the definition of employer the counties of this state, approved March 21, 1958 (Ga. Laws 1958, p. 183). (440) An Act to provide for the appointment of investigators by the district attorneys of certain counties, approved March 21, 1958 (Ga. Laws 1958, p. 194). (441) An Act to amend Code Section 38-1501 so as to provide witness fees for peace officers in certain counties, approved March 25, 1958 (Ga. Laws 1958, p. 3421). (442) An Act authorizing the governing authority of all counties having a population of not less than 29,000 and not more than 29,100
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according to the United States decennial census of 1950 or any future such census, to adopt building, housing, plumbing, and electrical codes, approved March 8, 1957 (Ga. Laws 1957, p. 2816), as amended by an Act approved March 7, 1961 (Ga. Laws 1961, p. 2364), and an Act approved April 13, 1971 (Ga. Laws 1971, p. 4084). (443) An Act to provide that in counties of this State having a population of not less than 31,200 and not more than 33,100, according to the 1950 United States Census, or any future such census, a procedure for the control of the fiscal affairs of all such counties, approved March 7, 1957 (Ga. Laws 1957, p. 2650), as amended by an Act approved March 17, 1960 (Ga. Laws 1960, p. 3148) and an Act approved March 4, 1964 (Ga. Laws 1964, p. 2481). (444) An Act to provide for a county tax for roads in counties having a population of not less than 40,000 or more than 43,000 according to the 1950 United States census or any future census, approved March 11, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3277), as amended by an Act approved March 2, 1961 (Ga. Laws 1961, p. 2125) and an Act approved March 11, 1964 (Ga. Laws 1964, p. 2898). (445) An Act to apply the provisions of the law relating to regulation of the installation of warm air heating equipment to all counties having a population of not less than 40,113 and not more than 43,000 inhabitants according to the United States census of 1950 or any other future United States census, approved February 27, 1956 (Ga. Laws 1956, p. 298). (446) An Act to amend Section 32-904 of the 1933 Code of Georgia, as amended by an Act approved March 5, 1943 (Ga. Laws 1943, p. 270), by providing that in counties having a population of not less than 14,645 and not more than 14,780, the amount of compensation payable to members of county boards of education shall not exceed $7.50 per diem for each day's actual

service, approved February 19, 1951 (Ga. Laws 1951, p. 206). (447) An Act to provide that in certain counties any person charged with any offense under the game and fish laws of this State shall be allowed to enter a plea of guilty in the court of ordinary of such counties, approved February 10, 1960 (Ga. Laws 1960, p. 2050). (448) An Act to provide in any county of this State having a population of not less than 14,450 nor more than 14,650 according to
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the official census of the United States of 1950 or any future census, any person charged with the offense of hunting or fishing without a license shall be allowed to enter a plea of guilty in the court of ordinary in said county, approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 208). (449) An Act to provide for application of laws regulating the installation of warm air heating equipment to counties having a population of not less than 6,975 and not more than 7,000 inhabitants according to the United States census of 1950 or any other future United States census, approved March 6, 1956 (Ga. Laws 1956, p. 504). (450) An Act to provide that in all counties having a population of not less than 15,400 and not more than 15,900, according to the Federal census of 1950 or any future Federal census, members of the board of commissioners of roads and revenues in such counties shall be entitled to expense accounts, approved February 13, 1952 (Ga. Laws 1952, p. 2462), as amended by an Act approved March 7, 1957 (Ga. Laws 1957, p. 2648). (451) An Act to provide for application of laws regulating the installation of warm air heating equipment to counties having a population of not less than 15,784 and not more than 16,500 according to the United States census, approved March 9, 1956 (Ga. Laws 1956, p. 3291). (452) An Act to provide compensation of the county treasurer in certain counties, approved February 26, 1957 (Ga. Laws 1957, p. 2212), as amended by an Act approved April 5, 1961 (Ga. Laws 1961, p. 3226) and an Act approved April 9, 1963 (Ga. Laws 1963, p. 3285). (453) An Act to provide that in all counties of this State having a population of not less than 15,200 and not more than 15,900, according to the 1950 United States census, or any future United States census, the clerks of the superior courts may provide separate index books for instruments affecting real estate and personal property, approved February 26, 1959 (Ga. Laws 1959, p. 2094). (454) An Act to provide for the disposition and application of fines and forfeitures arising from traffic cases in the court of ordinary in certain counties, approved March 13, 1957 (Ga. Laws 1957, p. 3237).
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(455) An Act to provide that in all counties having a population of not less than 18,600 and not more than 18,900, according to the 1950 United States census, or any future United States census, the clerks of the superior court may provide separate index books for recording instruments affecting real estate and personal property, approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 195). (456) An Act to provide that in all counties of this State having a population of not less than 9,883 nor more than 9,893 inhabitants, according to the 1950 United States census, and any future United States census, the boards of county commissioners shall have the power and authority to pay out of county funds a monthly expense allowance of $100.00 to the sheriffs of said counties, approved March 11, 1953 (Ga. Laws 1953, p. 3277), as amended by an Act approved April 5, 1961 (Ga. Laws 1961, p. 3113). (457) An Act to provide for the disposition of fines involved in traffic cases in the court of ordinary in those counties having a population of not less than 7,500 and not more than 7,600, according to the United States census of 1950, and any future census, approved February 5, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2163). (458) An Act to provide that members of the county boards of education in all counties of this State having a population of not more than 3,700 and not less than 3,585, according to the 1950 Federal census, or any future such census, shall be paid a per diem of $20 per day for actual services, but not to exceed twenty-four (24) days in any one calendar year, approved March 9, 1956 (Ga. Laws 1956, p. 3267). (459) An Act to authorize the officers of any county of this State having a population of not less than 31,500 and not more than 33,000 according to the 1940 United States census, who have charge of records, including the clerks of the several courts of such county, the ordinary and court of ordinary of such county and other such county officers to install and use photostatic equipment, and, without limitation of generality, including micro equipment, in recording, in copying and furnishing copies of any and all instruments, records and proceedings or parts of the same of record or on file in said office; to provide that such equipment and supplies for same may be provided by the proper county authorities, approved February 8, 1950 (Ga. Laws 1950, p. 2108).
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(460) An Act to apply the provisions of law relating to regulation of the installation of warm air heating equipment in counties having a population of not more than 36,500 nor less than 34,500 according to the 1950 U. S. Census or any future U. S. census, approved March 6, 1956 (Ga. Laws 1956, p. 406). (461) An Act to provide that the sheriffs of

certain counties shall be paid on a fee system for all services rendered in the superior court of such counties, and in any city, county, or other court in such counties, approved February 21, 1958 (Ga. Laws 1958, p. 2251). (462) An Act to provide that members of the county boards of education in all counties of this State having a population of not more than 14,230 and not less than 14,200, according to the United States Census of 1950, or any future such census, shall each be paid the sum of twenty-five dollars ($25.00) for each day's service, not to exceed fifty dollars ($50.00) per month, to be paid from the county school funds, approved March 13, 1957 (Ga. Laws 1957, p. 3221). (463) An Act to provide in any county of this State having a population of not less than 12,202 nor more than 12,387 according to the official census of the United States of 1950 or any future census, any person charged with the offense of hunting or fishing without a license shall be allowed to enter a plea of guilty in the court of ordinary in such county, approved February 26, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2698). (464) An Act to apply the provisions of the law regulating the installation of warm air heating equipment to all counties having a population of not less than 6,008 and not more than 6,079 inhabitants according to the United States census of 1950 or any other future United States census, approved March 9, 1956 (Ga. Laws 1956, p. 676). (465) An Act authorizing and directing the governing authorities of counties having a population of not less than twenty-one thousand fifty (21,050) and not more than twenty-one thousand one hundred fifty (21,150), to use convict labor to work and maintain cemeteries located in the rural areas of said counties, approved March 17, 1960 (Ga. Laws 1960, p. 3124). (466) An Act to amend an Act providing for rural telephone cooperative corporations and providing for rural telephone service,
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which Act is known as the Rural Telephone Cooperative Act, approved February 15, 1950 (Ga. Laws 1950, p. 192), as amended, so as to provide for furnishing, improving, expanding and purchasing of telephone service, equipment and facilities outside of rural areas, approved February 13, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 112). (467) An Act to fix the compensation of the chairman and the members of the board of education of all the counties of this State having a population of not less than 22,500 and not more than 22,550, according to the United States census of 1950, or any future United States census, approved February 15, 1957 (Ga. Laws 1957, p. 2174). (468) An Act providing for deposit of costs in divorce cases in all counties having a population of not less than 115,000 and not more than 135,000 under the last or any future federal census, approved December 10, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 61). (469) An Act to provide that in certain counties the coroner shall be paid a certain salary in lieu of fees, approved March 25, 1958 (Ga. Laws 1958, p. 3384). (470) An Act to supplement the compensation of the sheriff in all counties in this State having a population of not less than 11,710 and not more than 11,895 according to the 1950 United States Census, or any future such census, approved March 17, 1959 (Ga. Laws 1959, p. 3107), as amended by an Act approved March 28, 1961 (Ga. Laws 1961, p. 2790). (471) An Act providing for law libraries in counties having a population of not less than 30,500 and not more than 31,000 according to the United States official census for 1950, or any future census, approved March 17, 1960 (Ga. Laws 1960, p. 2515), as amended by an Act approved March 24, 1965 (Ga. Laws 1965, p. 2453). (472) An Act to provide that in counties having a population of not less than 7,411 nor more than 7,436, according to the 1950 Federal census or any such future census, the clerk of the superior court of such counties shall attend the court of ordinary in all cases of the violation of traffic laws, approved March 17, 1960 (Ga. Laws 1960, p. 2504). (473) An Act to provide that in counties having a population of not less than 7,411 nor more than 7,436, according to the 1950 census
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or any future censuses, any money placed in the fine and forfeiture fund as derived through the court of ordinaries in their exercise of jurisdiction over traffic cases be set aside from money derived through other courts and be used to pay claims of the various officers of such court arising from their services in regard thereto, approved March 17, 1960 (Ga. Laws 1960, p. 2517). (474) An Act regulating and prohibiting the sale of fireworks within any county having a population of not less than 108,000 and not more than 112,000 according to the 1950 census of the United States or any future United States census, approved February 12, 1951 (Ga. Laws 1951, p. 83). (475) An Act to provide for the appointment of an assistant solicitor of the city court of all counties of this State having a population of not less than 108,000 and not more than 112,000 according to the United States census, approved February 21, 1951 (Ga. Laws 1951, p. 623). (476) An Act to provide in all counties of the State of Georgia, having a population under the 1950 United States census of not less than 108,000 inhabitants nor more than 112,000 inhabitants, the fixing of the salaries of the court reporter and bailiffs to the superior court judge and of the stenographer or clerk to the solicitor-general of the superior court, approved February 21, 1951 (Ga. Laws 1951, p. 627), as amended by an Act approved March 13, 1957 (Ga. Laws 1957, p. 483). (477) An Act specifying fees to be charged by the clerk of the superior court in all counties having a population of not less than 100,000, and not more than 110,000 according to the United States census of 1950, or any future census of the United

States, approved February 26, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 235). (478) An Act to provide in all counties of the State of Georgia, having a population under the 1950 United States census or any subsequent census of not less than 100,000 inhabitants nor more than 110,000 inhabitants, the fixing of salaries of the court reporter of the superior court, approved February 20, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2482). (479) An Act to provide for the appointment of an assistant solicitor of the city court of all counties of this State having a
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population of not less than 108,000 and not more than 112,000 according to the United States Census of 1950 or any future United States census, approved February 24, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2547), as amended by an Act approved March 13, 1957 (Ga. Laws 1957, p. 2915). (480) An Act to change certain officers from the fee system to the salary system in certain counties in Georgia having a population of not less than 100,000 inhabitants nor more than 110,000 inhabitants under the 1950 United States census or any subsequent census, approved March 11, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3213), as amended by an Act approved December 12, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2190), an Act approved February 24, 1955 (Ga. Laws 1955, p. 2471), an Act approved March 4, 1955 (Ga. Laws 1955, p. 2633), an Act approved March 4, 1955 (Ga. Laws 1955, p. 2779), an Act approved February 13, 1956 (Ga. Laws 1956, p. 2256), an Act approved March 17, 1959 (Ga. Laws 1959, p. 3107), and an Act approved March 17, 1960 (Ga. Laws 1960, p. 2721). (481) An Act to permit grand juries in counties having a population of not less than 100,000 inhabitants nor more than 110,000 inhabitants under the 1950 United States census or any subsequent census to fix the compensation of jurors and bailiffs, approved February 24, 1955 (Ga. Laws 1955, p. 265). (482) An Act to provide for the appointment of a special trial assistant in the office of the solicitor-general in all counties of this State having a population of not less than 75,000 and not more than 112,500 according to the United States census of 1950 or any future United States census, approved February 27, 1956 (Ga. Laws 1956, p. 2615). (483) An Act to authorize the ordinary of any county having a population of not less than 100,000 nor more than 114,000 according to the 1950 United States census or any future United States census to maintain microfilm records of the official organ of the county and such other records as may be required by law, approved March 9, 1956 (Ga. Laws 1956, p. 3378). (484) An Act to provide in all counties of the State of Georgia, having a population under the 1950 United States Census or any subsequent United States Census of not less than 108,000 nor more than 114,000 inhabitants providing that the solicitor-general of the
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circuit of said counties shall have the power to appoint two clerks, approved March 13, 1957 (Ga. Laws 1957, p. 384). (485) An Act to authorize certain counties to establish and maintain a law library for the use of the judges, solicitors, and other officers of the courts of said counties, approved March 7, 1957 (Ga. Laws 1957, p. 2629), as amended by an Act approved April 1, 1965 (Ga. Laws 1965, p. 3140), an Act approved March 2, 1966 (Ga. Laws 1966, p. 2809), an Act approved April 6, 1967 (Ga. Laws 1967, p. 2970), and an Act approved April 5, 1971 (Ga. Laws 1971, p. 2959). (486) An Act providing for the appointment of a clerk and purchasing agent for the board of commissioners of roads and revenues of all counties in this State having a population of not less than 108,000 and not more than 113,000 according to the United States Census of 1950, or any future United States Census, approved March 13, 1957 (Ga. Laws 1957, p. 2832), as amended by an Act approved March 10, 1959 (Ga. Laws 1959, p. 2657). (487) An Act to transfer certain responsibilities regarding death certificates and birth certificates from the ordinary to the Public Health Administrator in all counties having a population of not less than 100,000 nor more than 113,000, according to the last Federal Census or any future Federal Census, approved March 13, 1957 (Ga. Laws 1957, p. 2978). (488) An Act to provide duties of the clerk for the solicitor of the city court in all counties having a population of not less than 108,000 and not more than 112,000, according to the United States census of 1950 or any future census, approved March 13, 1957 (Ga. Laws 1957, p. 3044). (489) An Act to provide for the appointment of a secretary to serve the judges of the city courts in counties having a population of not less than 108,000, nor more than 112,000 inhabitants, according to the United States Census of 1950, or any future census, approved March 13, 1957 (Ga. Laws 1957, p. 3085). (490) An Act to provide that the employees of the ordinary of certain counties, with the exception of the clerk of the court of ordinary, shall be deputy clerks of the court of ordinary, approved March 25, 1958 (Ga. Laws 1958, p. 3389).
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(491) An Act to provide compensation of the chairman and the members of the board of education in all of the counties of this State having a population not less than 31,000 and not more than 32,000, according to the United States census of 1950, or any future United States census, approved February 15, 1952 (Ga. Laws 1952, p. 2837). (492) An Act to

provide for the consolidation of schools in counties having a population of not less than 9,150 and not more than 9,210 according to the United States census of 1950, or any future census, approved December 21, 1953 (Ga. Laws 1953, Nov.Dec. Sess., p. 307). (493) An Act to fix the compensation of the chairman and the members of the board of education of all the counties of this State having a population of not less than 24,200 and not more than 24,300 according to the United States census of 1950, or any future United States census, approved March 17, 1956 (Ga. Laws 1956, p. 3504). (494) An Act to provide that in all counties in the State of Georgia, having a population, according to the United States census of 1950, and any future census of the United States, of not less than 4,500 inhabitants and not more than 4,525 inhabitants, the board of commissioners of roads and revenues may pay the sheriff a subsistence, approved February 21, 1951 (Ga. Laws 1951, p. 448). (495) An Act to provide that in all counties in this State having a population of not less than 4,500 and not more than 4,525, according to the United States census of 1950 or any future census, the clerk of the superior court shall be paid a subsistence allowance, approved February 14, 1952 (Ga. Laws 1952, p. 133). (496) An Act to provide in all counties of this State having a population of more than 4,500 and less than 4,525, the chairman of the board of commissioners of roads and revenues may pay debts of the county out of any funds available, approved March 16, 1955 (Ga. Laws 1955, p. 3391). (497) An Act providing for the establishment of law libraries in counties having a population of not less than 33,900 and not more than 34,000 according to the United States official census for 1950, or any future census, approved January 11, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 3195).
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(498) An Act to provide that the clerk of superior court shall attend on traffic cases in the probate court in certain counties, approved February 17, 1950 (Ga. Laws 1950, p. 2783). (499) An Act to provide that it will be unlawful for the owner or person in possession of land in any county of this State having a population of not more than 4,820 and not less than 4,520, according to the 1950 census, or any future census, to have or maintain an abandoned open well or hole for the purpose of this Act; to provide punishment and methods of prosecution for violations, approved February 26, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2688). (500) An Act to amend Section 32-904 of the Code of Georgia, relating to compensation of the members of the county boards of education, so as to increase such compensation in all counties of this State having a population of not more than 4,820 and not less than 4,520 by the last census, approved December 10, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 60). (501) An Act to supplement the salary of the sheriff in certain counties, approved March 21, 1958 (Ga. Laws 1958, p. 2892), as amended by an Act approved March 11, 1964 (Ga. Laws 1964, p. 2899). (502) An Act to increase the fees of coroners, and jurors summoned by the coroner, for services in connection with the holding of inquests in counties having a population of not less than 49,000 nor more than 60,000 inhabitants according to the United States census of 1950, or any future United States census, approved February 11, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2241). (503) An Act to provide that sheriffs in all counties of this State with not less than 6,900 population and not more than 7,320 population according to the United States census of 1950, or any future United States census, shall have a supplemental salary in addition to the fees and other compensation, approved February 15, 1952 (Ga. Laws 1952, p. 2794). (504) An Act to apply the provisions of the law relating to regulation of the installation of warm air heating equipment to all counties having a population of not less than 30,289 and not more than 30,975 inhabitants according to the United States census of 1950 or any future United States census, approved February 27, 1956 (Ga. Laws 1956, p. 325).
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(505) An Act to provide for the disposition and application of fines and forfeitures arising in criminal cases in the superior courts and ordinaries traffic courts in counties of this State having by the United States census of 1950 and any future United States census taken, a population of not less than 6,700 and not more than 6,740, approved February 12, 1951 (Ga. Laws 1951, p. 96), as amended by an Act approved February 20, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2501) and an Act approved March 13, 1957 (Ga. Laws 1957, p. 468). (506) An Act to authorize the clerk of the superior court or the ordinary of any county of the State having a population of not less than 31,000 according to the 1950 United States census or any future United States census, to install and use photostatic equipment or other photographic equipment, and excluding micro equipment in recording, in copying, and furnishing copies of any and all instruments, records and proceedings or parts of the same of record or on file in said office and to provide that such equipment may be provided by the proper and respective county authority, approved March 4, 1955 (Ga. Laws 1955, p. 2746). (507) An Act to authorize the ordinary of any county having a population of not less than 62,000 according to the 1950 census to maintain microfilm records of the official organ of the county or other newspapers and such other records as may be required by law; to provide that such equipment may be provided by the proper county authorities, approved March 9, 1955 (Ga. Laws 1955, p. 3370). (508) An Act to create a Small Claims Court in each county in this State having a

population of not less than 13,180 and not more than 13,270, according to the United States decennial census of 1960, or any future such census, approved April 18, 1967 (Ga. Laws 1967, p. 3248). (509) An Act to fix retirement benefits for the mayor or other chief executive officer of any city having a population of more than 450,000 according to the last or any future United States census, approved April 6, 1961 (Ga. Laws 1961, p. 3489). (510) An Act to provide tenure for teachers and other professional personnel of the public school systems of each city of this State having a population of more than 300,000 by the Federal Census of 1960, or by any future Federal census, approved April 12, 1968 (Ga. Laws 1968, p. 3697), as amended by an Act approved April 5, 1971 (Ga. Laws 1971, p. 3076).
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(511) An Act adding an assistant-solicitor-general (district attorney) in certain judicial circuits, approved March 6, 1962 (Ga. Laws 1962, p. 673). (512) An Act to provide that notwithstanding any other Act or Acts, the ordinary of any county or counties having a population of not less than 28,260 nor more than 28,750 according to the United States Census of 1960 or any future census, shall receive a salary in lieu of any other system of compensation, approved February 28, 1966 (Ga. Laws 1966, p. 2403). (513) An Act to fix the fees of the clerk of superior court for certain services in certain counties, approved March 20, 1970 (Ga. Laws 1970, p. 2938). (514) An Act to provide that the board of education of certain counties shall expend no state funds for or in connection with the transfer during midterm of either faculty members or students in order to comply with the order of any Federal court, approved March 24, 1970 (Ga. Laws 1970, p. 3377). (515) An Act to provide that judges of certain superior courts shall have the authority, in their discretion, to raise the compensation of the court reporter for their circuit, approved April 18, 1967 (Ga. Laws 1967, p. 707). (516) An Act to provide for the appointment of a special bailiff by the probate judges of certain counties, approved April 5, 1961 (Ga. Laws 1961, p. 2921). (517) An Act to amend an Act creating a Board of Health in each county, approved March 20, 1943 (Ga. Laws 1943, p. 371), so as to provide a method for payment of expenses in all counties having a population of not less than 175,000 and not more than 225,000 according to the United States Census of 1960 or any future such census, approved March 15, 1963 (Ga. Laws 1963, p. 162). (518) An Act to amend Code Section 88-202, providing for the composition of county boards of health, so as to provide for the appointment in all counties having a population of not less than 160,000 and not more than 250,000, according to the United States decennial census of 1960 or any future such census, of members of such boards of health, approved March 3, 1966 (Ga. Laws 1966, p.
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153), as amended by an Act approved April 14, 1967 (Ga. Laws 1967, p. 544). (519) An Act amending an Act comprehensively revising the laws relating to subpoenas and other like processes, approved March 15, 1966 (Ga. Laws 1966, p. 502), so as to provide witness fees for peace officers in certain counties, approved April 14, 1967 (Ga. Laws 1967, p. 615). (520) An Act to amend an Act known as the Urban Redevelopment Law, approved March 3, 1955 (Ga. Laws 1955, p. 354), as amended, so as to provide that in counties having a population of 150,000 and not more than 500,000 according to the 1960 United States Decennial Census, or any future such census, approved April 25, 1969 (Ga. Laws 1969, p. 807). (521) An Act to authorize and empower the governing authority of certain counties to license amusement machines or devices commonly known as pinball machines and to license the establishments commonly known as poolrooms, approved February 27, 1962 (Ga. Laws 1962, p. 2370). (522) An Act providing for law libraries in counties having a population of not less than 22,000 and not more than 23,450 according to the official United States decennial census for 1960, or any such future census, approved March 4, 1965 (Ga. Laws 1965, p. 2136). (523) An Act to encourage and promote medical and scientific research and the establishment of medical research facilities and the development of scientific devices by exempting certain activities, persons, organizations and properties from building and zoning restrictions, fire regulations and requirements, permits and fees in all counties of this State having a population of not less than 22,000 nor more than 23,400 according to the United States decennial census of 1960 or any future such census, approved March 6, 1968 (Ga. Laws 1968, p. 2125). (524) An Act to apply the provisions of the law regulating the installation of warm air heating equipment to all counties having a population of not less than 45,274 and not more than 45,364 according to the U. S. Decennial Census of 1960 or any future such census, approved February 28, 1966 (Ga. Laws 1966, p. 48).
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(525) An Act to provide that, in all counties having a population of more than 45,300 and less than 46,000 according to the United States decennial census of 1960 or any future United States decennial census, shall select not less than onethird and not more than two-fifths of the whole number of the jury list to serve as grand jurors, approved March 21, 1968

(Ga. Laws 1968, p. 371). (526) An Act providing for law libraries in counties having a population of not less than 45,300 and not more than 46,300 according to the United States official census for 1960, or any future such census, approved April 3, 1968 (Ga. Laws 1968, p. 2957). (527) An Act to provide that in all counties of this State having a population of not less than 46,364 and not more than 47,100, according to the 1960 United States Census or any future United States Census, the clerks of the superior courts shall be authorized to use separate index books for recording instruments affecting real estate and personal property, approved March 6, 1962 (Ga. Laws 1962, p. 650). (528) An Act providing for law libraries in counties having a population of not less than 46,000 nor more than 47,000 according to the United States census of 1960, or any future census, approved April 9, 1963 (Ga. Laws 1963, p. 3205). (529) An Act to provide a method of payment to superior court judges emeritus who are requested to serve in certain counties, approved April 21, 1967 (Ga. Laws 1967, p. 884). (530) An Act to provide that in all counties of this State having a population of not less than 46,000 nor more than 47,000 according to the United States Decennial Census of 1960 or any future such census, the judge of the superior court of such counties shall be authorized to appoint the clerk of the superior courts of such counties as jury clerk, approved March 18, 1968 (Ga. Laws 1968, p. 2286). (531) An Act to provide that it shall not be unlawful to fish on Sundays in counties having a population of not less than 6,515 and not more than 6,650 according to the United States Census of 1960 or any future such census, approved March 16, 1961 (Ga. Laws 1961, p. 157), as amended by an Act approved February 27, 1962 (Ga. Laws 1962, p. 2344).
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(532) An Act to authorize counties whose population is determined by the United States Decennial Census of 1960 or by any later census to be not less than 114,000 persons, nor more than 116,000 persons to require that any political party holding a primary for the nomination of a candidate for a state or county office shall require that the nominee receive a majority of the votes of those persons voting thereon, approved March 11, 1964 (Ga. Laws 1964, p. 2911). (533) An Act providing for law libraries in each county having a population of not less than 114,000 and not more than 135,000 according to the United States official census for 1960, or any future such census, approved March 30, 1965 (Ga. Laws 1965, p. 2875), as amended by an Act approved March 4, 1966 (Ga. Laws 1966, p. 3150) and an Act approved March 27, 1968 (Ga. Laws 1968, p. 2875). (534) An Act to authorize boards of education of certain counties to enter into contracts for group life, health or accident insurance covering the employees of said boards of education, approved April 15, 1965 (Ga. Laws 1965, p. 3420). (535) An Act to fix the compensation of the treasurers of all counties of this State having a population of not less than 100,000 nor more than 130,000 according to the United States Decennial Census of 1960 or any future such census, approved March 2, 1966 (Ga. Laws 1966, p. 2823). (536) Code Section 24-3413, relating to advance court cost deposits in certain counties, as enacted by an Act approved February 26, 1965 (Ga. Laws 1965, p. 43). (537) An Act providing for law libraries in each county having a population of not less than 32,500 and not more than 34,050 according to the United States decennial census for 1960, or any future census, approved March 12, 1970 (Ga. Laws 1970, p. 2482). (538) An Act to authorize the governing authorities of certain counties to make payments toward the cost of office expenses of the judges of certain superior courts, approved April 28, 1969 (Ga. Laws 1969, p. 844). (539) An Act amending an Act approved March 4, 1955 (Ga. Laws 1955, p. 448) (Code Section 56-2437) authorizing political subdivisions of the state to procure liability insurance for governmental
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motor vehicles, which amendatory Act authorizes all municipalities having a population between 116,500 and 119,500 according to the United States census of 1960 or any future such census to become self-insurers, approved March 20, 1963 (Ga. Laws 1963, p. 2366). (540) An Act to provide that appointments, made by majors, of housing authority commissioners pursuant to Section 5 of the Housing Authorities Law shall only be made by and with the consent of the city commission or board of aldermen in cities having a population of not less than 115,000 and not more than 125,000 according to the United States census or any future census, approved April 4, 1963 (Ga. Laws 1963, p. 2923). (541) An Act to change the compensation of coroners in certain counties, approved March 20, 1963 (Ga. Laws 1963, p. 167). (542) An Act to create and establish an Airport Authority in all counties of this State having a population of not less than 25,000 nor more than 26,000 according to the 1960 Census or any future census, approved April 5, 1961 (Ga. Laws 1961, p. 2819). (543) An Act amending Code Section 21-105, providing an annual salary for coroners in lieu of fees in certain counties, approved April 18, 1967 (Ga. Laws 1967, p. 782), as amended by an Act approved April 3, 1972 (Ga. Laws 1972, p. 969); provided, however, that with respect to the 1967 Act only Sections 1, 2, 3 and 4 are repealed. (544) An Act to provide for the collection of costs for the performance of the official duties of clerks of the Superior Courts in counties having a population of 250,000 and not more than 500,000, according to the United States Census of 1960 and any future United States Census, approved April 5, 1961 (Ga. Laws 1961, p. 423). (545) An Act authorizing all counties

having a population of 250,000 and not more than 500,000 according to the United States decennial census of 1960 or any future such census to exercise the power of eminent domain for fire station sites, approved April 5, 1961 (Ga. Laws 1961, p. 2993). (546) An Act amending Code Section 34-1301 providing for election precincts, as amended, to provide that in counties having a population of 250,000 and not more than 500,000 according to the United States census as many election precincts as convenient may be established, approved March 3, 1962 (Ga. Laws 1962, p. 408).
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(547) An Act to amend an Act known as the Urban Redevelopment Law, approved March 3, 1955 (Ga. Laws 1955, p. 354), as amended, so as to provide that in counties having a population of 250,000 and not more than 500,000 according to the 1960 United States Census or any future such census, the term municipality used in said Act shall also mean County, approved April 2, 1963 (Ga. Laws 1963, p. 2597). (548) An Act amending Code Section 23-1703, providing for notice before letting county contracts, which amendatory Act provides for publication for two weeks in all counties having a population of 250,000 or more according to the United States decennial census of 1960 or any future such census, approved March 26, 1964 (Ga. Laws 1964, p. 764). (549) An Act to amend Code Section 87-201, relating to the manner in which elections shall be held by counties, municipalities or divisions on the issuance of bonds, as amended, particularly by an Act approved April 8, 1968 (Ga. Laws 1968, p. 1007) and an Act approved March 31, 1976 (Ga. Laws 1976, p. 1091), so as to change the provisions relating to additional requirements for counties having a population of not less than 250,000 and not more than 500,000 according to the United States decennial census of 1960 or any future such census, approved April 16, 1979 (Ga. Laws 1979, p. 1053). (550) An Act providing for deposits of funds held by the superior court clerk in certain counties, approved April 25, 1969 (Ga. Laws 1969, p. 3653). (551) An Act to change the compensation of the judges of the juvenile courts in certain counties, approved March 21, 1970 (Ga. Laws 1970, p. 3305), as amended by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2486). (552) An Act to change the compensation of coroners in certain counties, approved March 3, 1962 (Ga. Laws 1962, p. 492). (553) An Act providing for law libraries in counties having a population of not less than 70,000 and not more than 110,000 according to the United States decennial census for 1960, or any future such census, approved March 24, 1970 (Ga. Laws 1970, p. 3367).
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(554) An Act to fix the compensation of the chairman and the members of the board of education of all counties of this State having a population of not less than 16,700 and not more than 16,800 according to the United States census of 1960 or any future United States census, approved March 28, 1961 (Ga. Laws 1961, p. 2640). (555) An Act providing for law libraries in counties having a population of not less than 16,700 or more than 16,800 according to the United States decennial census of 1960, or any future such census, approved March 18, 1968 (Ga. Laws 1968, p. 2292). (556) An Act to change the corporate limits of any municipality in this State having a population of not less than 4,440 nor more than 4,470, according to the 1960 United States Decennial Census or any future such census, located in any county having a population of not less than 16,685 nor more than 16,820, according to the 1960 United States Decennial Census or any future such census, approved March 21, 1970 (Ga. Laws 1970, p. 3295). (557) An Act providing for law libraries in any county in this state located in any judicial circuit in this state having a population of not less than 65,500 and not more than 65,600 according to the United States decennial census of 1960, or any future decennial census, approved March 11, 1964 (Ga. Laws 1964, p. 2929), as amended by an Act approved March 24, 1965 (Ga. Laws 1965, p. 2493) and an Act approved March 24, 1965 (Ga. Laws 1965, p. 2572). (558) An Act providing for law libraries in counties having a population of not less than 13,430 and not more than 13,660 according to the official United States decennial census for 1960, or any such future census, approved March 18, 1968 (Ga. Laws 1968, p. 2287). (559) An Act to authorize the clerk of the superior court and other proper officers in counties of this State having a population of not less than 50,000 and not more than 75,000 according to the 1960 United States census or any future census to install and use microfilm photostatic equipment in recording all records relating to any court cases, civil or criminal, filed with said clerk, such equipment may be provided by the proper county authorities out of county funds, approved April 5, 1961 (Ga. Laws 1961, p. 3136). (560) An Act to provide in counties of the State of Georgia having a population of not less than 62,000, nor more than 70,000 according
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to the Federal census of 1960 and all future Federal census for the trial of all violations of traffic laws of the State of Georgia in the city court in the same manner as now provided for the trial of such cases in the court of ordinary in certain counties, approved April 5, 1961 (Ga. Laws 1961, p. 3437). (561) An Act to provide for the collection of costs for the

performance of the official duties of clerks of the superior courts in counties having a population of 65,000 and not more than 72,000 according to the United States Census of 1960 or any future United States Census, approved February 27, 1962 (Ga. Laws 1962, p. 144). (562) An Act to specify audit procedures for hospital authorities in all counties having a population of not less than 50,000 nor more than 75,000 according to the United States decennial census of 1960 or any future such census, approved March 2, 1966 (Ga. Laws 1966, p. 2971). (563) An Act to amend an Act known as the Uniform Act Regulating Traffic On The Highways approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, so as to provide that in all counties of this State having a population of not less than 50,000 nor more than 75,000 according to the United States decennial census of 1960 or any future such census such counties shall pay the cost for blood tests; and for other purposes, approved April 18, 1967 (Ga. Laws 1967, p. 831). (564) An Act providing for deposit of costs in divorce cases in all counties having a population of not less than 50,000 and not more than 75,000 according to the 1960 federal decennial census or any future such census, approved March 21, 1970 (Ga. Laws 1970, p. 3206). (565) An Act to authorize and make lawful the investment of funds of county boards of education in counties having a population of more than 500,000 according to the last or any future United States census in United States bonds or other valid obligations of the United States or in accounts of certain insured saving and loan associations; to define the circumstances under which the same may be invested, approved April 5, 1961 (Ga. Laws 1961, p. 2862). (566) An Act providing for the licensing of plumbers and steam fitters in all counties having a population of 500,000 or more according
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to the United States decennial census of 1960 or any future such census, except for any municipality located within such counties and having a population of 400,000 or more according to such census, approved April 5, 1961 (Ga. Laws 1961, p. 3095). (567) An Act amending Code Section 21-105 by providing an annual salary in lieu of fees to the coroner in counties of this State having a population of 500,000 or more according to the 1960 or any future United States census, approved March 3, 1962 (Ga. Laws 1962, p. 466). (568) An Act to fix the salary of the judges of juvenile courts in counties of Georgia having a population of 500,000 or more by the last or any future United States census, approved March 6, 1962 (Ga. Laws 1962, p. 3080), as amended by an Act approved April 9, 1963 (Ga. Laws 1963, p. 3190). (569) An Act to fix the compensation of ordinaries in counties having a population of more than 500,000 according to the last or any future Federal decennial census, approved March 21, 1963 (Ga. Laws 1963, p. 2468). (570) An Act to fix the compensation of ordinaries in counties having a population of more than 500,000 according to the last or any future Federal decennial census, approved April 5, 1965 (Ga. Laws 1965, p. 3238). (571) An Act to fix the salaries of the judges of juvenile courts in counties of Georgia having a population of 500,000 or more by the last or any future United States Census, approved April 8, 1965 (Ga. Laws 1965, p. 3364). (572) An Act to provide for payment of supplemental compensation by certain counties to judges of the superior courts emeritus (senior judges) for each day of service, approved February 28, 1966 (Ga. Laws 1966, p. 72). (573) An Act to fix the salaries of the judges of juvenile courts in counties of Georgia having a population of 500,000 or more by the last or any future United States Census, approved April 14, 1967 (Ga. Laws 1967, p. 3134).
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(574) An Act to fix the compensation of ordinaries in counties having a population of more than 500,000 according to the last or any future Federal decennial census, approved March 4, 1968 (Ga. Laws 1968, p. 2109). (575) An Act to provide definite and uniform compensation to be paid to court reporters for the preparation of criminal and civil transcripts in counties of this State having a population of 500,000 or more according to the United States Census of 1960, or any future Federal Census; and for other purposes, approved March 21, 1968 (Ga. Laws 1968, p. 2358). (576) An Act providing that it shall be unlawful for any person, firm or corporation to operate or allow to be operated any truck, motor vehicle or other vehicle engaged in hauling or carrying any type of gravel, dirt or sand without having the same protected or enclosed in certain counties, approved April 8, 1968 (Ga. Laws 1968, p. 2983). (577) An Act to provide for fixing the salary of the superior court clerk of certain counties, approved April 8, 1968 (Ga. Laws 1968, p. 3309). (578) An Act to fix the compensation of the judges of the juvenile court in certain counties, approved March 28, 1969 (Ga. Laws 1969, p. 2419). (579) An Act to provide that in all counties of the State having a population of 500,000 or more according to the United States census of 1960, or any future United States census, all moneys arising from fines and forfeited recognizances, costs on criminal cases paid into court before judgment, as well as all cost both in particular cases or matters and all insolvent cost and all fees and all moneys and emoluments accruing to the district attorney of the judicial circuit, as well as certain other moneys, shall be paid directly to the county treasurer or other officer or institution performing the duties of county treasurer, approved April 28, 1969 (Ga. Laws 1969, p. 3657). (580) An Act to fix the compensation of the judge of the court of ordinary in certain counties, approved February 20, 1970 (Ga. Laws 1970, p.

2066). (581) An Act amending Code Chapter 59-1, relating to juries in general, so as to enact Code Section 59-120(a), relating to fixing the
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compensation of jurors and bailiffs in certain counties, approved March 21, 1974 (Ga. Laws 1974, p. 557). (582) An Act to authorize the governing authority of each county having a population of not less than 8,920 and not more than 8,970 according to the 1960 Federal Decennial Census or any future such census to determine and set the salary of the clerk of such governing authority as the said governing authority shall deem proper, approved March 21, 1970 (Ga. Laws 1970, p. 3353). (583) An Act to prohibit fishing for shrimp, crab or fish in any part or portion of St. Andrews Sound and Cumberland Sound and all rivers, creeks, inlets and bodies of water in any part or portion of St. Andrews Sound or Cumberland Sound with power drawn net during certain periods of the year except within the limits of counties having a population of not less than 40,000 and not more than 42,000 according to the U. S. Decennial Census of 1960 or any future such census, approved March 10, 1966 (Ga. Laws 1966, p. 270). (584) An Act to amend an Act known as the Urban Redevelopment Law, approved March 3, 1955 (Ga. Laws 1955, p. 354), as amended, so as to provide that in certain counties the term municipality used in said Act shall also mean county, approved April 28, 1969 (Ga. Laws 1969, p. 869). (585) An Act providing for law libraries in any county having a population of not less than 19,000 and not more than 19,600 according to the official United States decennial census for 1960, or any future census, approved April 1, 1965 (Ga. Laws 1965, p. 3171). (586) An Act providing for law libraries in each county having a population of not less than 43,500 and not more than 43,600 according to the United States official census for 1960, or any future such census, approved March 31, 1967 (Ga. Laws 1967, p. 2374). (587) An Act to change the qualifications for ordinaries in certain counties of this State, approved April 28, 1969 (Ga. Laws 1969, p. 3679). (588) 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, so as to provide that said Act shall be applicable in all counties having a population of not less than 14,500 nor more than
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14,900 according to the 1960 census or any future census, approved February 26, 1962 (Ga. Laws 1962, p. 115). (589) An Act to provide that the counties in certain judicial circuits shall pay certain compensation to judges of the superior courts emeritus (now senior judges) for each day of service, approved April 11, 1967 (Ga. Laws 1967, p. 485). (590) An Act to exempt housing authorities of certain municipalities located in certain counties from provisions of the Housing Authorities Law relating to rentals and tenant selection, approved March 2, 1966 (Ga. Laws 1966, p. 2824). (591) An Act to provide for the disposition and application of insolvent costs from fines and forfeitures arising from traffic cases in the court of ordinary in certain counties, approved March 20, 1970 (Ga. Laws 1970, p. 2943). (592) An Act amending Code Section 21-105 by changing the compensation of coroners in all counties of this State having a population of not less than 10,150 and not more than 10,275, according to the United States Census of 1960, or any future census, approved March 10, 1965 (Ga. Laws 1965, p. 120). (593) An Act providing for a law library in each county having a population of not less than 31,500 and not more than 33,000 according to the United States official census for 1960, or any future federal census, approved March 2, 1967 (Ga. Laws 1967, p. 2089). (594) An Act providing that the judge of the probate court of any county of this State having a population of not less than 30,000 or more than 33,000 according to the United States decennial census of 1960 or any future such census may establish polling places in another election district under certain circumstances, approved April 18, 1967 (Ga. Laws 1967, p. 3156). (595) An Act to provide that in all counties having a population of not less than 6,200 and not more than 6,220, according to the United States Census, having a city court, the ordinary shall be eligible to be appointed to fill a vacancy in the office of judge of said court until a successor is elected and qualified, approved February 1, 1961 (Ga. Laws 1961, p. 2031).
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(596) An Act to provide that in counties having a population of not less than 6,200 and not more than 6,225, according to the United States Decennial Census of 1960 or any future such decennial census, the clerk of the superior court of any such county shall be ex officio of the ordinary's court for the purpose of attending such court in all cases for the violation of traffic laws in such county, approved March 26, 1964 (Ga. Laws 1964, p. 3234). (597) An Act providing for annexation upon application of all owners of land to be annexed in all counties having a population of not less than 47,500 and not more than 49,500 according to the United States decennial census of 1960 or any future such census, approved April 5, 1961 (Ga. Laws 1961, p. 3386). (598) An Act to fix the salaries of judges of juvenile courts in counties having a population of not less than 49,000 nor more than 49,500 according to the United States Census of 1960 or any future such

census, approved April 28, 1969 (Ga. Laws 1969, p. 3904). (599) An Act to change the compensation of the coroner in certain counties and to authorize the fixing of the compensation of the sheriff in certain counties, approved March 20, 1970 (Ga. Laws 1970, p. 2937), as amended by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2524). (600) An Act to change the corporate limits of any municipality in this State having a population of not less than 1,000 nor more than 1,400, according to the 1960 United States Decennial Census or any future such census, located in any county having a population of not less than 7,370 nor more than 7,450, according to the 1960 United States Decennial Census or any future such census, approved March 21, 1968 (Ga. Laws 1968, p. 2504). (601) An Act to provide that it will be unlawful for the owner or person in possession of land in certain counties to have or maintain thereon an abandoned open well or hole, approved March 10, 1964 (Ga. Laws 1964, p. 2533). (602) An Act providing for law libraries in counties having a population of not less than 150,000 nor more than 175,000 according to the United States official census for 1960, or any future census, approved March 28, 1961 (Ga. Laws 1961, p. 2482), as amended by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3555).
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(603) An Act to fix the fees of the superior court clerk for recording certain instruments in certain conties, approved April 5, 1961 (Ga. Laws 1961, p. 3021), as amended by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3557). (604) An Act authorizing the county commissioners or other governing authorities in certain counties to create emeritus offices for retiring department heads of said county government, approved March 3, 1962 (Ga. Laws 1962, p. 2954), as amended by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3556). (605) An Act to provide that in all counties in the State of Georgia having a population of not less than 150,000 and not more than 175,000, according to the United States Census of 1960, or any future United States Census, the county commission or other governing authority are authorized to create, by appropriate resolution, in the government of such counties, emeritus offices for former county commissioners, former department heads and assistant department heads of said county government, approved March 4, 1964 (Ga. Laws 1964, p. 2427), as amended, by an Act approved April 12, 1971 (Ga. Laws 1971, p. 4080). (606) An Act amending Code Section 21-105, relating to coroners, to provide for the payment of an annual salary in lieu of fees in counties in this State having a population of not less than 150,000 and not more than 175,000 according to the United States census of 1960, or any future United States census, approved March 27, 1965 (Ga. Laws 1965, p. 320). (607) An Act to amend Code section 23-1704 of the 1933 Code of the State of Georgia, as amended, providing for contractors to give bond on contracts for building or repairing any public building, so as to provide that in counties having a population of 150,000 and not more than 175,000 according to the 1960 United States Census, or any future census, that 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, shall be sufficient, approved March 2, 1966 (Ga. Laws 1966, p. 123), as amended by an Act approved April 10, 1971 (Ga. Laws 1971, p. 677). (608) An Act to amend an Act known as the Urban Redevelopment Law, approved March 3, 1955 (Ga. Laws 1955, p. 354), as
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amended, so as to provide that in counties having a population of 150,000 and not more than 175,000 according to the 1960 United States Census, or any future census, the term municipality used in said Act shall also mean County, approved March 4, 1966 (Ga. Laws 1966, p. 157), as amended by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3559). (609) An Act amending Code Section 21-105, relating to coroners, to provide for the payment of an annual salary in lieu of fees in counties in this State having a population of not less than 150,000 and not more than 175,000, according to the United States Census of 1960, or any future United States Census, approved April 4, 1967 (Ga. Laws 1967, p. 293). (610) An Act to provide for the compensation of juvenile court judges in certain counties, approved March 21, 1970 (Ga. Laws 1970, p. 3342). (611) An Act to place the clerk of the superior court, the sheriff, the coroner and the ordinary of all those counties having a population of not less than 13,100 and not more than 13,150, according to the United States Decennial Census, or any future such Decennial Census, on a salary, approved March 18, 1964 (Ga. Laws 1964, p. 3100). (612) An Act to provide the compensation for the commissioner of roads and revenues of any county having a population of not less than 13,100 and not more than 13,150, according to the United States Decennial Census of 1960 or any future such Decennial Census, approved March 18, 1964 (Ga. Laws 1964, p. 3103). (613) An Act to provide that in certain counties the governing authorities thereof shall adopt a uniform central accounting and bookkeeping system, approved April 8, 1968 (Ga. Laws 1968, p. 3312). (614) An Act providing compensation for the coroner of each county having a population of not less than 7,500 and not more than 7,900 according to the United States Decennial Census of 1960 or any future such census, approved April 28, 1969 (Ga. Laws 1969, p. 3900). (615) An Act providing for law libraries in counties having a population of not less than 7,375 and not more than 7,750 according to the United States decennial

census for 1960, or any such future census, approved April 28, 1969 (Ga. Laws 1969, p. 3947).
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(616) An Act amending Code Section 21-105 providing for a salary for the coroner in any county having a population of not less than 135,000 nor more than 140,000 according to the United States census of 1960 or any future United States census, approved March 28, 1961 (Ga. Laws 1961, p. 203), as amended by an Act approved April 9, 1963 (Ga. Laws 1963, p. 481), and an Act approved April 1, 1971 (Ga. Laws 1971, p. 370). (617) An Act to provide for the appointment of a first assistant solicitor-general, a second assistant solicitor-general, and two stenographer-clerks in the office of the solicitor-general in all counties of this State having a population of not less than 135,000 and not more than 140,000 according to the United States census of 1960 or any future census, approved March 28, 1961 (Ga. Laws 1961, p. 214), as amended by an Act approved April 5, 1971 (Ga. Laws 1971, p. 2957). (618) An Act to provide in all counties of the State of Georgia, having a population under the 1960 United States census or any future United States census of not less than 115,000 inhabitants nor more than 140,000 inhabitants, for the fixing of the salaries of the court reporters and special bailiffs and secretaries to the superior court judge or judges, approved March 28, 1961 (Ga. Laws 1961, p. 227), as amended by an Act approved April 6, 1967 (Ga. Laws 1967, p. 447), and an Act approved March 29, 1971 (Ga. Laws 1971, p. 2260). (619) An Act to amend an Act known as the Juvenile Court Act, approved February 19, 1951 (Ga. Laws 1951, p. 291), as amended, particularly by an Act approved February 12, 1956 (Ga. Laws 1956, p. 69), and an Act approved March 10, 1959 (Ga. Laws 1959, p. 188), so as to provide that the judge of the superior court shall sit as the juvenile court judge in counties having a certain population; to provide for the expiration of terms of office of present juvenile court judges in counties having a certain population; to provide for transferral of cases, approved April 5, 1961 (Ga. Laws 1961, p. 402). (620) An Act to provide for the appointment of a secretary to serve the judges of the city courts in counties having a population of not less than 135,000, nor more than 140,000 inhabitants, according to the United States Census of 1960, or any future census, approved March 28, 1961 (Ga. Laws 1961, p. 2558), as amended by an Act approved March 2, 1966 (Ga. Laws 1966, p. 2975), an Act approved April 6, 1967 (Ga. Laws 1967, p. 2986), and an Act approved April 1, 1971 (Ga. Laws 1971, p. 2859).
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(621) An Act to provide for the appointment of two superior court reporters or court stenographers to the judges of the superior courts in all counties in this State having a population of not less than 135,000 and not more than 140,000 inhabitants according to the United States census of 1960 or any future census; and for other purposes, approved April 2, 1963 (Ga. Laws 1963, p. 302), as amended by an Act approved March 12, 1965 (Ga. Laws 1965, p. 204), an Act approved April 6, 1967 (Ga. Laws 1967, p. 445), an Act approved March 10, 1970 (Ga. Laws 1970, p. 167), an Act approved April 10, 1971 (Ga. Laws 1971, p. 847), and an Act approved April 5, 1971 (Ga. Laws 1971, p. 2966). (622) An Act to provide for the appointment of an assistant solicitor of the city court of all counties of this State having a population of not less than 135,000 and not more than 140,000 according to the United States census of 1960 or any future United States census, approved April 12, 1963 (Ga. Laws 1963, p. 3549), as amended by an Act approved March 2, 1966 (Ga. Laws 1966, p. 2728), an Act approved April 11, 1967 (Ga. Laws 1967, p. 3030), and an Act approved April 5, 1971 (Ga. Laws 1971, p. 2960). (623) An Act to provide for the appointment of a clerk for the office of the solicitor of the city court of all counties of this State having a population of not less than 135,000 and not more than 140,000 according to the United States Census of 1960 or any future United States Census, approved April 12, 1963 (Ga. Laws 1963, p. 3551), as amended by an Act approved March 10, 1966 (Ga. Laws 1966, p. 3358), an Act approved April 11, 1967 (Ga. Laws 1967, p. 3031), and an Act approved April 5, 1971 (Ga. Laws 1971, p. 2963). (624) An Act prohibiting certain purchases and sales by elected public officials in all counties having a population of not less than 135,000 and not more than 140,000, according to the United States decennial census of 1960 or any future such census, approved April 1, 1965 (Ga. Laws 1965, p. 3179), as amended by an Act approved April 5, 1971 (Ga. Laws 1971, p. 2961). (625) An Act to provide for the appointment of and the salary for an executive secretary and calendar clerk to the judge or judges presiding in civil matters, as distinguished from domestic relations and criminal matters, of the superior courts in counties having a population of not less than 135,000 nor more than 140,000 inhabitants, approved March 4, 1966 (Ga. Laws 1966, p. 164), as amended by
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an Act approved April 18, 1967 (Ga. Laws 1967, p. 802), an Act approved April 12, 1968 (Ga. Laws 1968, p. 1417), and an Act approved April 5, 1971 (Ga. Laws 1971, p. 2965). (626) An Act amending former Code Section 38-1501,

relating to the attendance of witnesses and the fees therefor, approved March 4, 1966 (Ga. Laws 1966, p. 179), as amended by an Act approved April 5, 1971 (Ga. Laws 1971, p. 437). (627) An Act to provide that in all counties of this State having a population of not less than 135,000 and not more than 140,000 according to the United States decennial census of 1960, or any future census, the senior judge of the superior court of said counties shall be authorized and empowered to appoint a jury clerk to serve at the pleasure of said judge, approved March 4, 1966 (Ga. Laws 1966, p. 186), as amended by an Act approved April 5, 1971 (Ga. Laws 1971, p. 2964). (628) An Act providing for the payment of witness fees to law enforcement officers in certain counties, approved April 6, 1967 (Ga. Laws 1967, p. 2820), as amended by an Act approved March 29, 1971 (Ga. Laws 1971, p. 2262). (629) An Act to provide that in all counties of this State having a population of not less than 125,000 nor more than 140,000, according to the United States decennial census of 1960 or any future such census, the governing authorities of such counties shall provide a dump for the deposit of trash and refuse for the citizens of said counties; to provide that such service shall be provided by the governing authorities of said counties without charge to the citizens of said counties, approved April 6, 1967 (Ga. Laws 1967, p. 2879), as amended by an Act approved March 29, 1971 (Ga. Laws 1971, p. 2263). (630) An Act to provide for a law assistant for the judge of the superior court in all counties of this State having a population of not less than 135,000 nor more than 140,000, according to the United States decennial census of 1960 or any future such census, approved April 11, 1967 (Ga. Laws 1967, p. 3012), as amended by an Act approved March 29, 1971 (Ga. Laws 1971, p. 2261). (631) An Act to provide that it shall be unlawful for any person to deposit or dump trash, garbage, refuse and waste on any public or
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private property other than an approved sanitary landfill in certain counties; to provide for a penalty, approved April 8, 1968 (Ga. Laws 1968, p. 3311), as amended by an Act approved March 29, 1971 (Ga. Laws 1971, p. 2259). (632) An Act to provide that in all counties in this State having a population of not less than 135,000 nor more than 140,000 according to the United States Decennial Census of 1960 or any future such census, the District Attorney of the Judicial Circuit of such counties shall receive additional compensation from such counties, approved April 28, 1969 (Ga. Laws 1969, p. 950), as amended by an Act approved March 29, 1971 (Ga. Laws 1971, p. 2253). (633) An Act to provide for an associate judge of the city court of certain counties, approved March 26, 1969 (Ga. Laws 1969, p. 2396), as amended by an Act approved March 20, 1970 (Ga. Laws 1970, p. 2945), an Act approved April 5, 1971 (Ga. Laws 1971, p. 3053), and an Act approved April 3, 1972 (Ga. Laws 1972, p. 3478). (634) An Act to provide additional compensation for all permanent employees of certain counties whose compensation is fixed by the General Assembly, approved April 28, 1969 (Ga. Laws 1969, p. 3897), as amended by an Act approved March 29, 1971 (Ga. Laws 1971, p. 2257). (635) An Act to provide for the solicitor of city court in certain counties to be included as a permanent employee within the meaning of such county pension or retirement laws existing in said counties, approved April 28, 1969 (Ga. Laws 1969, p. 3938). (636) An Act authorizing the appointment of assistants to coroners in all counties of this State having a population of not less than 115,000 and not more than 140,000, according to the 1960 U. S. decennial census, or any such future census, approved March 21, 1970 (Ga. Laws 1970, p. 3289), as amended by an Act approved March 29, 1971 (Ga. Laws 1971, p. 2254). (637) An Act to provide for a budget in certain counties of this State, approved March 21, 1970 (Ga. Laws 1970, p. 3318), as amended by an Act approved March 29, 1971 (Ga. Laws 1971, p. 2255). (638) An Act creating a Small Claims Court in each county in this State having a population of not less than 3,250 and not more than
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3,350 according to the United States Decennial Census of 1960 or any future such census, approved April 6, 1967 (Ga. Laws 1967, p. 2903). (639) An Act to provide that in all counties within this State having a population of not less than 14,560 nor more than 15,200 according to the 1960 United States Census, or any future such census, the Court of Ordinary shall have jurisdiction to issue warrants in all misdemeanor cases relating to traffic violations upon the public roads, streets, and highways of this State, approved April 5, 1961 (Ga. Laws 1961, p. 3442). (640) An Act providing for the use of voting machines for casting, registering, recording, and computing ballots or votes in all elections including primaries and municipal elections in certain counties, approved March 11, 1964 (Ga. Laws 1964, p. 2864) as amended by an Act approved April 13, 1971 (Ga. Laws 1971, p. 4088). (641) An Act to provide that the members of the board of commissioners of roads and revenues shall be elected for terms of office of two years each in certain counties, approved April 4, 1967 (Ga. Laws 1967, p. 2523). (642) An Act to abolish the present mode of compensating the clerk of the Superior Court of any county in the State with a population of not less than 7,370 nor more than 7,400 according to the United States Decennial Census of 1960 or any future census, approved April 18, 1967 (Ga. Laws 1967, p. 3227). (643) An Act providing for the compensation of the coroners of all counties with populations of not less than 8,250 and not

more than 8,350, according to the 1960 Federal Decennial Census or any future such census, approved April 28, 1969 (Ga. Laws 1969, p. 3805). (644) An Act abolishing the present method of compensating sheriffs in certain counties known as the fee system and providing in lieu thereof an annual salary for the sheriffs, approved March 31, 1965 (Ga. Laws 1965, p. 3007), as amended by an Act approved April 5, 1971 (Ga. Laws 1971, p. 3180). (645) An Act to provide that the members of the board of county commissioners in certain counties shall be reimbursed for all necessary traveling expenses incurred when on county business, approved April 28, 1969 (Ga. Laws 1969, p. 3913).
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(646) An Act to require the chairman of the boards of commissioners of all counties with populations of not less than 23,050 nor more than 23,750, according to the 1960 Federal Decennial Census, or any future such census, to effectuate all actions approved by a majority of the members of said board; to provide that in such counties, disbursements may be made on checks signed by the vice-chairman of the board of commissioners and one other member, provided that such disbursement receives prior approval of a majority of the members of the board of commissioners, approved April 28, 1969 (Ga. Laws 1969, p. 3896). (647) An Act to exempt housing authorities of certain municipalities located in certain counties from specified provisions of the Housing Authorities Law, approved March 2, 1966 (Ga. Laws 1966, p. 2824). (648) An Act providing for law libraries in counties having a population of not less than 23,500 nor more than 24,000 according to the official United States decennial census for 1960, or any future official United States decennial census, approved April 6, 1967 (Ga. Laws 1967, p. 2942), as amended by an Act approved April 8, 1968 (Ga. Laws 1968, p. 3313). (649) An Act to provide that in all counties of this State having a population of not less than 44,000 nor more than 45,300, according to the United States decennial census of 1960 or any future such census, it shall be unlawful to hunt, catch, take, kill or attempt to hunt, catch, take or kill foxes by the use or aid of recorded calls or sounds, approved April 12, 1968 (Ga. Laws 1968, p. 3684). (650) An Act providing for law libraries in counties having a population of not less than 20,200 and not more than 20,500 according to the United States decennial census of 1960, or any future such census, approved February 14, 1969 (Ga. Laws 1969, p. 2019). (651) An Act to amend an Act known as the Urban Redevelopment Law, approved March 3, 1955 (Ga. Laws 1955, p. 722), as amended, so as to provide that in certain counties the term municipality used in said Act shall also mean county, approved March 24, 1970 (Ga. Laws 1970, p. 722), as amended by an Act approved April 5, 1971 (Ga. Laws 1971, p. 473).
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(652) An Act to provide that in counties of the State of Georgia having a population of not less than 7,345 nor more than 7,369, according to the United States Census of 1960 or any future such census that the clerk of the Superior Court shall attend the trial in the court of ordinary of all cases for violation of all traffic laws to the State of Georgia in said counties, approved March 3, 1962 (Ga. Laws 1962, p. 2981). (653) An Act to provide for the salary of the commissioner of roads and revenue in certain counties, approved April 5, 1961 (Ga. Laws 1961, p. 2869). (654) An Act to provide that in all counties of this State having a population of not less than 2,750 nor more than 3,250 according to the United States Decennial Census of 1960 or any future such census, the governing authorities of such counties shall furnish the sheriff of said counties firearms and ammunition and a two-way radio for the sheriff's office, approved March 4, 1966 (Ga. Laws 1966, p. 3137). (655) An Act to provide that any municipality within a county of this State having a population of not less than 2,750 nor more than 3,250 according to the latest United States Decennial Census or any future such census may remove, obliterate, or abate any public or private nuisance found to be on private property in accordance with the provisions of this Act, approved March 21, 1968 (Ga. Laws 1968, p. 2768). (656) An Act to require that photographic recording equipment be installed and used in recording records of the ordinary in certain counties, approved April 12, 1963 (Ga. Laws 1963, p. 3440). (657) An Act providing for law libraries in counties having a population of not less than 42,000 nor more than 43,000 according to the official United States decennial census for 1960, or any future census, approved March 10, 1964 (Ga. Laws 1964, p. 2585). (658) An Act amending Code Section 91-804.1, providing for the public sale of real properties by counties, which amendatory Act provides for private sale of such property to charitable corporations, in all counties having a population of not less than 42,050 and not more than 43,000 according to the United States decennial census of 1960 or any future such census, approved March 10, 1966 (Ga. Laws 1966, p. 305).
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(659) An Act amending The Municipal Home Rule Act of 1965, approved March 26, 1965 (Ga. Laws 1965, p. 298), which amendatory Act requires all municipalities having a population of 400,000 or more according to the United States decennial census of 1970 or any future such census, to incorporate amendments to the old charter made at the same

session in which is passed a new charter for such municipality, approved March 28, 1973 (Ga. Laws 1973, p. 173). (660) An Act changing the fee of the coroner of any county of this State having a population of not less than 33,600 and not more than 34,500, according to the United States Decennial Census of 1970, or any future such census, for summoning an inquest on a dead body and returning an inquisition, approved March 30, 1977 (Ga. Laws 1977, p. 4212), as amended by SB 333 (1980 session of the General Assembly). (661) An Act to provide that coroners in counties having a population of not less than 32,600 and not more than 32,700 according to the United States Decennial Census of 1970, or any future such census, shall be compensated $100.00 per month, approved April 5, 1971 (Ga. Laws 1971, p. 3067). (662) An Act to designate as depositories for public and trust funds the treasury in counties of Georgia having a population of not less than 32,350 nor more than 32,700, according to the 1970 United States Census or any future United States Census, approved April 1, 1971 (Ga. Laws 1971, p. 2879). (663) An Act to provide that in certain counties of this State it shall be unlawful to kill or attempt to hunt, catch, take, or kill foxes under certain conditions; and for other purposes, approved April 10, 1971 (Ga. Laws 1971, p. 3257). (664) An Act amending Code Section 59-106, relating to jury lists, so as to provide for the selection of jurors and grand jurors in certain counties, approved April 5, 1971 (Ga. Laws 1971, p. 454). (665) An Act to authorize holders of public funds and clerks of court of certain counties who have monies deposited in the registry of their court to turn over such funds to the county treasurer or to the person performing the duties of county treasurer for investment, approved April 12, 1971 (Ga. Laws 1971, p. 4078).
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(666) An Act to provide that the counties in certain judicial circuits shall pay certain compensation to judges of the superior courts emeritus (senior judges) for each day of service, approved April 7, 1976 (Ga. Laws 1976, p. 4089). (667) An Act to increase the members of the board of commissioners of certain counties, approved March 27, 1972 (Ga. Laws 1972, p. 3141). (668) An Act to provide that the annual salary of each elected official of certain counties shall be increased by 10%, approved March 27, 1972 (Ga. Laws 1972, p. 3144). (669) An Act to change the compensation of the deputy sheriff of certain counties, approved March 27, 1972 (Ga. Laws 1972, p. 3145). (670) An Act to provide for the maximum compensation which may be paid to certain personnel employed by certain county offices, approved March 27, 1972 (Ga. Laws 1972, p. 3147). (671) An Act to change the compensation of the clerk of the superior court of certain counties, approved March 27, 1972 (Ga. Laws 1972, p. 3148). (672) An Act to provide for expenses allowances for the chairman and members of the board of commissioners in all counties of this State having a population of not less than 5,900 and not more than 6,000, according to the United States Decennial Census of 1970 or any future such census, approved April 24, 1975 (Ga. Laws 1975, p. 4536). (673) An Act to provide the annual salary of the sheriff in all counties of the State having a population of not less than 10,450 and not more than 10,650, according to the United States Decennial Census of 1970 or any future such census, approved March 13, 1978 (Ga. Laws 1978, p. 3537). (674) An Act to amend an Act to provide minimum salaries for probate judges of the various counties within the State of Georgia, approved March 21, 1974 (Ga. Laws 1974, p. 455), as amended, so as to change the minimum salary of the probate judge in all counties having a certain population, approved March 24, 1978 (Ga. Laws 1978, p. 4406).
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(675) An Act to provide for a salary supplement not to exceed $1,000.00 for any deputy, including the chief deputy, and any radio operator of the sheriff in all counties of this State having a population of not less than 27,300 and not more than 28,600 according to the United States Decennial Census of 1970 or any future such census, approved July 3, 1975 (Ga. Laws 1975, p. 1887). (676) An Act to amend Code section 24-2714, relating to the duties of the clerks of the superior court, as amended, so as to provide that in counties having a population of not less than 185,000 and not more than 190,000, according to the United States Decennial Census of 1970 or any future such census, instruments evidencing the title to real property may be recorded or rerecorded on microfilm or other photographic process of a permanent nature, provided the proper indices and adequate equipment are maintained in addition to the necessary personnel for viewing and reproducing said records, approved March 27, 1972 (Ga. Laws 1972, p. 423). (677) An Act fixing the compensation of sheriffs in all counties of this State having a population of not less than 185,000 nor more than 190,000, according to the United States Decennial Census of 1970, or any future such census, approved March 21, 1974 (Ga. Laws 1974, p. 2606), as amended by an Act approved March 17, 1978 (Ga. Laws 1978, p. 4095). (678) An Act to fix the compensation of the Judges of the Probate Court in all counties of this State having a population of not less than 185,000 nor more than 190,000, according to the United States Decennial Census of 1970, or any future such census, approved April 24, 1975 (Ga. Laws 1975, p. 4534). (679) An Act to amend an Act authorizing counties to establish and maintain law libraries, approved March 19, 1971 (Ga. Laws 1971, p. 180), as amended by an Act approved April 10, 1973 (Ga. Laws 1973, p. 430), so as to change the provisions relating to financing the costs to include fees charged in civil suits, actions and cases

filed in any municipal court within any county having a population of not less than 168,000 and not more than 195,000 according to the United States Decennial Census of 1970, or any future such census, approved March 18, 1976 (Ga. Laws 1976, p. 560). (680) Code Chapter 59-6C, relating to investigative grand juries in certain counties, enacted by an Act approved March 31, 1976 (Ga. Laws 1976, p. 1163).
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(681) An Act providing that the Board of Commissioners of certain counties may increase the membership of the Board of Zoning Appeals, approved March 31, 1976 (Ga. Laws 1976, p. 3801). (682) An Act to provide for the compensation of certain officers of counties of this State having a population of not less than 180,000 nor more than 190,000 according to the United States decennial census of 1970 or any future such census, approved March 2, 1979 (Ga. Laws 1979, p. 3085), as amended, by an Act approved March 18, 1980 (Ga. Laws 1980, p. 3600). (683) An Act to provide that in each county of the State of Georgia having a population of more than 24,000 and less than 26,000 according to the 1970 United States Decennial Census and any future such census, the sheriff shall be paid on a salary basis instead of on fees, approved April 3, 1972 (Ga. Laws 1972, p. 3378). (684) An Act to fix the compensation of the county commissioner of each county of this State having a population of not less than 30,000 or more than 31,500 according to the United States decennial census of 1970 or any future such census, approved March 21, 1974 (Ga. Laws 1974, p. 2645). (685) An Act to authorize certain counties in this State having a population of not less than 63,000 and not more than 72,000, according to the United States Decennial Census of 1970 or any future such census and all municipalities and other political subdivisions located wholly or partially within such counties to jointly provide for the centralization of their governmental facilities and operations; to authorize said counties, municipalities, and political subdivisions to sell or lease to each other, to the State or state institutions, or to any public agency, public corporation or authority now or hereafter created, facilities, equipment, or any other real or personal property owned by said counties, municipalities, or political subdivisions, for the above stated purpose; to authorize such sale or lease without declaring the property unserviceable, without the taking of bids, and for whatever consideration deemed appropriate by the governing authorities of the counties, municipalities, and other political subdivisions involved; to authorize said counties, municipalities, and other political subdivisions to contract with each other as to the allocation or reimbursement of expenses incurred in the implementation of plans for such centralization, and generally as to any other matters relative to the provisions herein; to define the purposes of the
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authorization provided herein; to provide for all matters relative to the foregoing, approved April 13, 1973 (Ga. Laws 1973, p. 2671). (686) An Act to amend an Act to provide that no person, firm or corporation (or employee of any municipality) shall transport, pursuant to a contract (oral or otherwise), garbage, trash, waste or refuse across state or county boundaries for the purpose of dumping same, approved April 5, 1971 (Ga. Laws 1971, p. 445), so as to provide for certain exceptions; for certain counties, approved April 18, 1975 (Ga. Laws 1975, p. 869). (687) An Act providing for the examination and licensing of electrical contractors in all counties having a population of not less than 13,300 and not more than 13,600 according to the United States decennial census of 1960 or any future such census, approved March 4, 1970 (Ga. Laws 1970, p. 2285), as amended by an Act approved April 13, 1971 (Ga. Laws 1971, p. 4083). (688) An Act to provide for a board of elections in certain counties, approved March 21, 1974 (Ga. Laws 1974, p. 2476). (689) An Act to create a County Commission on Efficiency and Economy in Government in each county in this State having a population of not less than 400,000 and not more than 600,000 according to the 1970 decennial census or any future such census; to provide for the membership, appointments, powers, and duties of such Commission; to provide that such Commission shall study the existing governments of the county and all cities located therein to determine whether such governmental units may function more economically and efficiently by consolidation; to provide that the Commission shall have the power to draft a proposed charter for a consolidated government and such other proposed legislation as they shall deem necessary or desirable; to provide for the employment of experts in the field of public administration, attorneys, and other technical assistants; to declare that the study of efficiency and economy in such governments is a public purpose for which public funds can be expended and to authorize the levying of a tax therefore as a necessary cost of administration of the county government; to provide for all procedures and matters incidental and necessary to the foregoing, approved April 10, 1971 (Ga. Laws 1971, p. 3425), as amended by an Act approved March 27, 1972 (Ga. Laws 1972, p. 2513).
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(690) Code Chapter 59-6A, relating investigative grand juries in certain counties, enacted by an Act approved March 21, 1974 (Ga. Laws 1974, p. 418), as amended by an Act approved March 7, 1975 (Ga. Laws 1975, p. 48). (691) An Act increasing the fees of coroners for services in connection with the holding of inquests in all counties of the State having a population of not less than 72,500 nor more than 85,000 inhabitants, according to the 1970 United States Decennial Census, or any future United States Census, approved March 4, 1977 (Ga. Laws 1977, p. 238). (692) An Act to provide for the control of outdoor advertising adjacent to any State-aid road which is also a part of the Interstate and Primary Systems of Highways within this State, and for the administration of such controls; to provide a declaration of policy; to provide for the definition of certain words and phrases; to provide for areas in which outdoor advertising may be placed; to provide for areas in which outdoor advertising may not be placed; to provide for limitations of outdoor advertising signs and devices; to provide for the promulgation of rules by the Georgia State Highway Department implementing the provisions of this Act; to provide for the regulation of advertising; to provide for the issuance of permits and the renewal thereof for outdoor advertising; to provide for fees; to provide for the removal of unlawful outdoor advertising; to provide compensation for the removal of outdoor advertising; to provide authority for the Georgia State Highway Department to exercise the power of eminent domain; to provide for criminal offenses and penalties; to provide for the disposition of fines; to provide for equitable remedies; to provide for local ordinances; to provide for advertising in safety rest areas; to provide for authorization of agreements with the United States Secretary of Transportation; to provide for severability; to repeal an Act approved April 6, 1967 (Ga. Laws 1967, p. 423), providing for the control of outdoor advertising; approved October 6, 1971 (Ga. Laws 1971, Ex. Sees., p. 5). (693) An Act to create in counties having populations of 500,000 or more, according to the 1970 United States Decennial Census or any future such census, a Judicial Study and Compensation Commission, approved April 5, 1971 (Ga. Laws 1971, p. 3174). (694) An Act providing a method of payment to senior judges of the superior courts (formerly superior court judges emeritus) who are
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requested to serve in certain counties, approved March 27, 1972 (Ga. Laws 1972, p. 2487). (695) An Act creating and establishing for counties having a population of 300,000 or more by the last or any future census of the United States a county planning commission and board of zoning appeals, approved February 15, 1952 (Ga. Laws 1952, p. 2689), as amended by an Act approved April 12, 1968 (Ga. Laws 1968, p. 3769) and by an Act approved March 25, 1974 (Ga. Laws 1974, p. 3340). (696) An Act entitled An Act to repeal an Act establishing county planning commissions in certain counties, approved February 15, 1952 (Ga. Laws 1952, p. 2689), as amended, except for parts of such Act; to change the population feature of such Act; to require such counties to establish a planning commission under an Act approved March 13, 1957 (Ga. Laws 1957, p. 420); to provide an effective date; to repeal conflicting laws; and for other purposes., approved March 25, 1974 (Ga. Laws 1974, p. 3340). (697) An Act to create a County Board of Tax Assessors in 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, approved April 10, 1978 (Ga. Laws 1978, p. 4609). (698) An Act to provide for the financing of services in 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, approved April 10, 1978 (Ga. Laws 1978, p. 4656). (699) An Act amending an Act known as The Municipal Home Rule Act of 1965, approved March 26, 1965 (Ga. Laws 1965, p. 298), as amended, to prohibit the General Assembly from enacting an Act to annex an area larger than 40 acres or having more than 50 residents to any municipality lying wholly or partially within any county of this State having a population in excess of 600,000 according to the 1970 United States Census, or any future such census, approved April 10, 1978 (Ga. Laws 1978, p. 4667). (700) An Act to change the compensation of the deputy sheriffs in certain counties, approved April 1, 1971 (Ga. Laws 1971, p. 2878). (701) An Act increasing the fees of coroners for services in connection with the holding of inquests in counties having a population of
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not less than 66,000 or more than 73,000, according to the 1970 United States decennial census, or any such future census, approved April 18, 1975 (Ga. Laws 1975, p. 4505). (702) An Act to amend Code Section 24-1801, relating to clerks of county probate judges, so as to authorize the probate judges in counties whose populations are between 20,600 and 21,000, according to the United States Decennial Census of 1970 or any future such census, to hire a clerk whose salary shall be paid from county funds, approved April 5, 1971 (Ga. Laws 1971, p. 538). (703) An Act to amend Code section 23-2304, relating to burial of paupers, as amended by an Act approved April 14, 1967 (Ga. Laws 1967, p. 616), and an Act approved April 3, 1972 (Ga. Laws 1972, p. 971), so as to increase the maximum allowable burial expenses for paupers to not more than $200 in all counties having a population of not less than 56,000 nor more than 60,000 according to the United States Decennial Census of 1970 or any future such census, approved April 13, 1973 (Ga. Laws 1973, p.

594). (704) An Act to fix the compensation for coroners in certain counties, approved April 13, 1973 (Ga. Laws 1973, p. 2673). (705) An Act to authorize the governing authority or the county fiscal agent in all counties having a population of not less than 60,000 nor more than 65,000, according to the United States Decennial Census of 1970 or any future such census to pay to the person, corporation or legal entity designated by the governing authority to handle the burial of any pauper a sum not to exceed $250.00 per body handled, approved April 11, 1979 (Ga. Laws 1979, p. 3554). (706) An Act to provide for the compensation of the sheriff of all counties in the State having a population of not less than 5,750 and not more than 5,800 according to the United States Decennial Census of 1970 or any future such census, approved March 28, 1973 (Ga. Laws 1973, p. 2307). (707) An Act providing for the compensation of the sheriff of all counties in the State having a population of not less than 10,600 and not more than 10,900, according to the United States Decennial Census of 1970 or any future such census, approved April 24, 1975 (Ga. Laws 1975, p. 4537), as amended by an Act approved March 24, 1976 (Ga. Laws 1976, p. 3123).
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(708) An Act authorizing the governing authority in counties having a population of not less than 32,700 and not more than 33,400, according to the 1970 United States Decennial Census or any future such census, to determine the compensation of the county treasurer, approved February 3, 1976 (Ga. Laws 1976, p. 2540). (709) An Act providing for a board of elections in each county in this State having a population of not less than 7,330 nor more than 7,550 according to the United States Decennial Census of 1970 or any future such census, approved March 24, 1976 (Ga. Laws 1976, p. 3313). (710) An Act to amend the Uniform Act Regulating Traffic On the Highways, approved January 11, 1954 (Ga. Laws 1954, Nov.-Dec. Sess., p. 556) as amended, so as to authorize the use of blue lights on certain vehicles in certain counties; and for other purposes, approved March 4, 1966 (Ga. Laws 1966, p. 176), as amended by an Act approved April 10, 1971 (Ga. Laws 1971, p. 679). (711) An Act providing that in certain municipalities there shall be no municipal general election conducted in 1975 and no election for alderman in 1977 and providing for terms of office of certain aldermen, approved July 2, 1975 (Ga. Laws 1975, Ex. Sess., p. 1730). (712) An Act changing the compensation of coroners in all counties of this State having a population of not less than 7,300 and not more than 7,350, according to the United States Decennial Census of 1970 or any future such census, approved March 13, 1978 (Ga. Laws 1978, p. 3340). (713) An Act to abolish the present mode of compensating the Sheriff of each county with a population of not less than 8,250 and not more than 8,330, according to the 1970 United States Decennial Census, or any future census, known as the fee system, approved April 5, 1971 (Ga. Laws 1971, p. 3138). (714) An Act to provide that in certain counties, the district attorney of the Judicial Circuit of such counties shall receive a supplement to the salary paid by the State, approved April 5, 1971 (Ga. Laws 1971, p. 539). (715) An Act to provide additional compensation for certain employees of certain counties whose compensation is fixed by the General Assembly, approved April 5, 1971 (Ga. Laws 1971, p. 3101).
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(716) An Act to provide additional compensation for certain employees whose compensation is fixed by the General Assembly, approved March 27, 1972 (Ga. Laws 1972, p. 2576). (717) An Act providing for the inclusion of judges of the state court of counties 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 as a permanent employee within the meaning of the retirement or pension laws of such counties, approved April 17, 1973 (Ga. Laws 1973, p. 2717). (718) An Act to provide additional compensation for certain employees of certain counties whose compensation is fixed by the General Assembly, approved April 17, 1973 (Ga. Laws 1973, p. 2818). (719) An Act to provide for the appointment of an associate judge for the State Courts in counties of this State having a population of not less than 145,000 and not more than 165,000 according to the United States Decennial Census of 1970, or any future such census, approved April 17, 1973 (Ga. Laws 1973, p. 3413) as amended by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2662). (720) An Act to amend Code Section 23-2304, relating to burial of paupers, as amended, so as to increase the maximum allowable burial expenses for paupers to not more than $150.00 in all counties having a population of not less than 160,000 nor more than 165,000 according to the United States Decennial Census of 1970 or any future such census, approved March 21, 1974 (Ga. Laws 1974, p. 616). (721) An Act to fix the compensation of the treasurers in certain counties and to provide for the employment and compensation of personnel within such treasurers' offices, approved March 21, 1974 (Ga. Laws 1974, p. 2480). (722) An Act to amend an Act authorizing counties to establish and maintain law libraries, approved March 19, 1971 (Ga. Laws 1971, p. 180), as amended by an Act approved April 10, 1973 (Ga. Laws 1973, p. 430), so as to authorize the Board of Trustees of the County Law Library to appoint a librarian and fix his compensation and to expend library funds to purchase copying machines and mechanical equipment in all counties having a population of not less than 145,000 and

not more than 165,000, according to the United States Decennial Census of 1970 or any future such census, approved March 21, 1974 (Ga. Laws 1974, p. 2482).
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(723) An Act to fix the compensation of the probate judges in certain counties, and to provide for the employment and compensation of personnel within such probate judge's offices, approved March 21, 1974 (Ga. Laws 1974, p. 2646). (724) An Act to fix the compensation of the clerks of the superior courts in certain counties, approved March 21, 1974 (Ga. Laws 1974, p. 2647). (725) An Act to make unlawful certain acts of cruel treatment of animals in 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; to provide a short title; to provide definitions; to provide for Animal Control Units in such counties; to make unlawful the driving or working of animals in a cruel manner; to make unlawful the failure, refusal or neglect to care for and maintain any animal; to make unlawful the abandonment of animals; to provide for the protection of uncared for animals; to make unlawful the keeping of diseased or painfully crippled animals; to provide penalties and procedures, approved March 21, 1974 (Ga. Laws 1974, p. 2648). (726) An Act to provide that in certain counties no company providing water or sewerage services may increase their rates for such services without the approval of the governing authority of the county in which such services are provided, approved April 24, 1975 (Ga. Laws 1975, p. 4558). (727) An Act to provide and fix the compensation of certain elected officials in certain counties of this State, approved March 24, 1976 (Ga. Laws 1976, p. 3155), as amended by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4446), an Act approved March 16, 1978 (Ga. Laws 1978, p. 3860), an Act approved April 11, 1979 (Ga. Laws 1979, p. 4195), and an Act approved March 21, 1980 (Ga. Laws 1980, p. 3723). (728) An Act to fix the compensation of the clerks of the superior courts in certain counties, approved March 31, 1976 (Ga. Laws 1976, p. 3491). (729) An Act providing that the governing authority of any municipality located wholly within certain counties may not rezone or otherwise change zoning status of land which it has heretofore
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annexed for period of 12 months following annexation, approved March 14, 1973 (Ga. Laws 1973, p. 2094) as amended by an Act approved March 26, 1974 (Ga. Laws 1974, p. 2061). (730) An Act to fix the compensation of the deputies of the clerk of the superior court in all counties of this State having a population of not less than 18,100 and not more than 18,250 according to the United States Decennial Census of 1970 or any future such census, approved April 15, 1975 (Ga. Laws 1975, p. 2913). (731) An Act to create water authorities for certain counties of this State, approved April 13, 1971 (Ga. Laws 1971, p. 4089). (732) An Act authorizing the governing authority of any county in this State having a population of not less than 6,700 nor more than 6,825 according to the United States Decennial Census of 1970 or any future such census to appoint the treasurer of any such county to any other county office which the governing authority is authorized to fill by appointment, approved March 5, 1976 (Ga. Laws 1976, p. 2802). (733) An Act authorizing the governing authority of each county having a population of not less than 6,650 and not more than 6,800, according to the 1970 United States Decennial Census or any such future census, to pay to the county policeman for said county a monthly expense allowance of not less than $100.00 and not more than $200.00, approved March 30, 1971 (Ga. Laws 1971, p. 2719). (734) An Act to provide for the creation of a system governing certain purchases within certain counties, approved April 3, 1972 (Ga. Laws 1972, p. 3566). (735) An Act to provide that any person serving as mayor of any incorporated municipality of this state having a population of not less than 2,050 and not more than 2,100, according to the United States Decennial Census of 1970, or any future such census, shall continue to serve for the remainder of the unexpired term of office to which he was elected, and a successor to any such mayor shall be elected at the municipal election immediately preceding the expiration of the term of office of such mayor, approved July 3, 1975 (Ga. Laws 1975, p. 1886). (736) An Act to abolish and reestablish boards of hospital authorities in each county of this State having a population of not less than
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17,830 and not more than 18,080 according to the United States Decennial Census of 1970 or any future such census, approved March 30, 1977 (Ga. Laws 1977, p. 4241). (737) An Act to provide for the Department of Transportation to develop and coordinate long range comprehensive plans for all modes of transportation; and for other purposes, approved April 7, 1972 (Ga. Laws 1972, p. 1215). Section 3 . 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 4 . Effective date. This Act shall become effective April 1, 1982. Section 5 . Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1981. STATE BOARD OF WORKER'S COMPENSATION MEMBERS AND EMPLOYEES. Code Section 114-701.5 Amended. No. 3 (Senate Bill No. 17). AN ACT To amend Code Section 114-701.5, relating to the applicability of the State Merit System's rules and regulations to members and other
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employees of the Workers' Compensation Board, so as to provide that the compensation of the members of the Board shall be fixed by law; to provide for 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 114-701.5, relating to the applicability of the State Merit System's rules and regulations to members and other employees of the Workers' Compensation Board, is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 114-701.5 to read as follows: 114-701.5. All members of the Board, including the chairman thereof, shall be in the unclassified service as defined in an Act approved March 13, 1975, (Ga. Laws 1975, p. 79), exhaustively revising the laws relating to the State Personnel Board, as amended, and shall not be subject to the laws and rules and regulations of the State Merit System. The salaries of all members of said Board, including the chairman thereof, shall be as provided by law. All other officials, personnel and employees of the State Board of Workers' Compensation are hereby placed under the State Merit System and shall be subject to the laws and rules and regulations relative to said system: Provided, however, that except for compensation, such laws and rules and regulations shall not apply to the deputy directors and the secretary-treasurer, whose method of appointment, removal and terms of office shall remain as now provided by law. Section 2 . Until changed by law, the compensation of the chairman and members of the Board of Workers' Compensation shall be that compensation which was in effect on January 1, 1981. 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 February 27, 1981. CONSTITUTIONAL AMENDMENTS PUBLICATION BOARD ACT AMENDED. No. 4 (House Bill No. 16). AN ACT To amend an Act creating the Constitutional Amendments Publication Board, approved March 23, 1970 (Ga. Laws 1970, p. 640), so as to provide for certain additional duties and responsibilities of the Board and the Secretary of State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Constitutional Amendments Publication Board, approved March 23, 1970 (Ga. Laws 1970, p. 640), is hereby amended by adding between Sections 1 and 2 a new Section 1A to read as follows: Section 1A. The Constitutional Amendments Publication Board shall assign to each proposed constitutional amendment and proposed new Constitution a number which shall be used for the purpose of publishing such amendments and Constitution. The same number which shall be assigned by the Board to each proposed amendment and new Constitution shall also be used by the Secretary of State when the Secretary of State shall determine the form of the ballot for each general election in which such proposals shall be submitted to the electors for ratification or rejection.
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1981. LOCAL HOMESTEAD EXEMPTIONS. Code Chapter 91A-11 Amended. No. 5 (House Bill No. 32). AN ACT To amend Code Chapter 91A-11, relating to property which is exempt from taxation, as amended, so as to provide the manner for returning and claiming homestead exemptions which are created by constitutional amendments which are not general amendments; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 91A-11, relating to property which is exempt from taxation, as amended, is hereby amended by adding a new Code Section 91A-1118 to read as follows: 91A-1118. Local homestead exemptions. (a) This Code section shall govern the procedure for returning and claiming homestead exemptions which are created by constitutional amendments which are not general amendments. If, however, such a constitutional amendment or any local law in aid of such a constitutional amendment contains provisions which are in conflict with this Code section, then such other provisions shall prevail over the provisions of this Code

section.
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(b) (1) If the exemption is from county or county school taxes, it shall be claimed and returned as provided in Code Sections 91A-1111 through 91A-1114. (2) If the exemption is from municipal or independent school district taxes, it shall be claimed and returned as provided in Code Sections 91A-1111, 91A-1112, and 91A-1114, except that any reference to the tax commissioner or receiver shall be deemed to refer to the municipal governing authority or its designee. Determination of eligibility of the applicant to claim the exemption shall be by the municipal governing authority subject to appeal to the superior court. Any such appeal must be filed within 30 days after the final determination by the municipal governing authority and shall be a de novo proceeding. (3) In addition to the provisions required by Code Section 91A-1112, the application may provide where necessary for an affidavit as to the age of the owner, the income of the owner and of each member of his family residing on the homestead, and such other information as may be necessary to determine eligibility of the owner for the exemption. The Commissioner shall not be required to furnish specialized forms required by the provisions 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 February 27, 1981.
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DEFERRED COMPENSATION OF EMPLOYEES OF STATE OR POLITICAL SUBDIVISIONS. No. 6 (House Bill No. 114). AN ACT To amend an Act authorizing the state or any county, municipality, or other political subdivision to defer an employee's compensation, approved March 18, 1974 (Ga. Laws 1974, p. 198), as amended by an Act approved April 12, 1979 (Ga. Laws 1979, p. 592), so as to clarify the provisions relative to payments that may be made from funds derived from the deferral of compensation by making such provisions applicable to deferred compensation plans of a county, municipality, or other political subdivision; 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 state or any county, municipality, or other political subdivision to defer an employee's compensation, approved March 18, 1974 (Ga. Laws 1974, p. 198), as amended by an Act approved April 12, 1979 (Ga. Laws 1979, p. 592), is hereby amended by inserting in the first sentence of Section 5 between the word State and the word is the following: , or any county, municipality, or other political subdivision, so that when so amended Section 5 shall read as follows: Section 5. Notwithstanding any other provision of law to the contrary, the State, or any county, municipality, or other political subdivision is hereby authorized to make payment from funds derived from the deferral of compensation for the purpose of carrying out the provisions of the deferred compensation plan, for purchase of insurance, endowment, annuities, mutual funds or savings. Such payments shall not be construed to be a prohibited use of the general assets of the State, county, municipality or other political subdivision. The State Personnel Board or Administrator shall have the power to arrange for a custodian for the holding of such insurance policies, funds, investments, and other assets of the fund.
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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 February 27, 1981. STATE EMPLOYEES' HEALTH INSURANCE PLAN AMENDED INCLUSION OF CERTAIN VENDORS. No. 18 (House Bill No. 17). 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 authorize the State Personnel Board to contract with the Georgia Cooperative Services for the Blind, Inc., a nominee agent, designated by the Department of Human Resources for the inclusion of licensed blind or severely disabled vendors within any health insurance plan or plans established for state employees; to provide that it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to deduct and remit employee contributions and to make employer contributions to the State Personnel Board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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 Section 16A immediately following Section 16 to read as follows: Section 16A. The State Personnel Board is authorized to contract with the Georgia Cooperative Services for the Blind, Inc., a
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nominee agent, designated by the Department of Human Resources, Division of Vocational Rehabilitation, for the inclusion of licensed blind or severely disabled vendors operating a vending facility in accordance with the provisions of an Act formalizing a system of vocational rehabilitation of the physically or mentally impaired, including the blind citizens of Georgia, approved February 21, 1951 (Ga. Laws 1951, p. 516), as now or hereafter amended, within any health insurance plan or plans established under this Act. In the event any contract is entered into, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to deduct the payment required under the plan from the earnings or other compensation of licensed blind or severely disabled vendors and remit it to the State Personnel Board for inclusion in the health insurance fund. In addition, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to make the employer contributions required for the operation of such plan or plans. 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 2, 1981. GEORGIA PUBLIC SERVICE COMMISSION. Code Title 93 Amended. No. 19 (Senate Bill No. 29). AN ACT To amend Code Title 93, relating to the Georgia Public Service Commission, so as to provide and revise certain provisions and procedures relative to the provision and regulation of utility services in this state; to declare public policy; to define certain terms; to
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provide for a director of utilities and a public information officer for the Commission; to provide for duties and responsibilities; to provide for a utility finance section as a part of the Commission; to provide for personnel; to specify duties, limitations, and relationships; to specify procedures for accounting for electric utilities under certain circumstances; to provide for tax accounting as a part of utility rate making; to provide procedures for certain utility proceedings; to provide for hearing officers; to provide duties and powers; to provide for intervention; to provide for internal examination and management audits of electric utilities; to provide for other matters relative to the foregoing; to provide for assistance for low or fixed income gas and electric utility consumers; to specify duties of the Department of Human Resources; 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. Declaration of public policy. The General Assembly finds and declares as follows: (1) The proper regulation of utilities is critical to the public interest and such regulation must be accomplished by a system of regulation which encourages public confidence in the regulatory process. (2) Consumers of utility service in this state deserve adequate representation in proceedings affecting utility rates and service. (3) The public interest requires that electric utilities be examined by their directors and by independent auditors in order to insure that such utilities are being managed in an efficient and effective manner. (4) The public interest requires that an adequate and reliable supply of electricity be available at reasonable rates both in the present and in the future. (5) If present and future electricity needs are to be met, it is imperative that necessary productive capacity can be financed by electric utilities on terms which are reasonable and fair to both the customers and investors of such electric utilities and that the regulation of such utilities must be rational and orderly.
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Section 2. Code Title 93, relating to the Public Service Commission, is hereby amended by adding a new section after Code Section 93-101, to be designated Code Section 93-102, to read as follows: 93-102. Additional terms defined. As used in this Code title: (1) `Commission' means the Georgia Public Service Commission. (2) `Electric utility' means any retail supplier of electricity whose rates are fixed by the Commission. (3) `Person' means any individual, partnership, trust, private or public corporation, municipality, county, political subdivision, public authority, cooperative, association, or public or private organization of any character. (4) `Rate,' when used in this title with respect to an electric utility, means any rate, charge, classification, or service of an electric utility or any rule or regulation relating thereto. (5) `Utility' means any person who is subject in any way to the lawful jurisdiction of the Commission. Section 3. Said Code title is further amended by adding two new sections after Code Section 93-207, to be designated Code Sections 93-207.1 and 93-207.2, respectively, to read as follows: 93-207.1. Director of utilities. (a) On or before July 1, 1981, the Commission shall employ a director of utilities, who shall serve at the pleasure of the Commission, and whose salary shall be set by the Commission. (b) The director of utilities shall: (1) Direct the activities of the utility divisions and sections. (2) Manage and coordinate the commission's preparation of rate cases. (3) Schedule and coordinate all in-house, reactive, regular, and engineering audits.
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(4) Direct all utility personnel and preparation of that section of the Commission's budget. (5) Perform such other duties as the Commission, by order, may establish. 93-207.2. Public information officer. (a) On or before September 1, 1981, the Commission shall employ a public information officer, who shall serve at the pleasure of the Commission. (b) The public information officer shall: (1) Report directly to the executive secretary. (2) Maintain the Commission's public information files. (3) Coordinate official Commission press releases and media relations. (4) Perform such other duties as the executive secretary may establish. Section 4. Said Code title is further amended by adding a new Code chapter after Code Chapter 93-2, to be designated Code Chapter 93-2A, to read as follows: CHAPTER 93-2A Utility Finance Section 93-201a. Utility Finance Section; creation. There is hereby established a Utility Finance Section of the Commission staff with the powers and duties specified in this chapter. The section shall consist of a director, an assistant director, and such accountants, statisticians, experts, and clerical personnel as the commission may employ as authorized by the General Assembly. 93-202a. Director of section; qualifications; duties, etc. (a) On or before December 31, 1981, the Commission by order shall employ an individual qualified by knowledge and experience to serve as director of the Utility Finance Section. The director shall be compensated in an amount determined by the Commission. He shall serve at the pleasure of the Commission and shall report to the director of utilities of the Commission.
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(b) The director of the section must possess at least five years' experience in the field of public regulation of business, whether through employment with a state or federal agency, in industry, in education, or through the practice of law. This individual must have graduated from a four-year college with a major in either accounting, finance, business, or management. (c) The director shall be responsible for the: (1) Preparation of the budget of the section for submittal to the director of utilities. (2) Administration of the section. (3) Supervision of the work of the section. (4) Presentation of the Commission staff's position during electric utility rate proceedings. 93-203a. Additional employees of section; assistant director. (a) The director of the Utility Finance Section shall employ an assistant director who shall be employed at the pleasure of the Commission and as provided by law. (b) The director shall employ such accountants, statisticians, experts, and clerical personnel as are necessary for the effective performance of the duties of the section. (c) With the concurrence of the state merit system compensation board, certain employees of the section may be included in `unclassified service' in addition to those currently provided by paragraph (2) of subsection (a) of Section 2 of an Act revising the laws relating to the state personnel board and merit system, approved March 13, 1975 (Ga. Laws 1975, p. 79), as amended. The state merit system regulations and restrictions concerning compensation and promotion shall not apply to such employees. 93-204a. Limitations on employment by employees and former employees of section. During the period of his employment and for one year following the termination of his employment, neither the director, the assistant director, nor any other employee of the Utility Finance Section shall own any interest of any kind in or be retained or employed by any electric utility or own any controlling interest in or
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be retained or employed by any person who has a vested interest in the outcome of any proceeding in which the section participates. 93-205a. Duties of Utility Finance Section. The duties of the Utility Finance Section shall include the following: (a) Preparing a budget for the section for submission by the director to the director of utilities to secure the necessary appropriations to finance the activities of the section. (b) Investigating the rates and auditing the books and records of any electric utility other than transportation utilities, municipal electric systems, and electric membership corporations, when so directed by the director of utilities. (c) Appearing in any proceeding to determine rates of an electric utility. In such capacity, the section shall: (1) Form an independent evaluation concerning whether the electric utility rates in question are just and reasonable. (2) Present testimony by its employees or specially retained experts concerning the electric utility rates in question. (3) Provide to the Commission all technical assistance, data, and calculations concerning the electric utility rates in question as the Commission may require. (4) Assist the Commission in any judicial review of a Commission determination of the rates of an electric utility. (5) When it will not interfere with the section's participation in utility rate proceedings, perform such other duties regarding any utility matter which the director of utilities may establish. 93-206a. Relationship of Utility Finance Section to Commission. The Utility Finance Section shall have the following authority and relationship to the Commission: (1) The section shall be part of the Commission staff.
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(2) The section shall be deemed a party to any proceeding to consider rates in which it participates, except that it lacks

standing to appeal or contest the final order entered by the Commission in such a proceeding. Section 5. Said Code title is further amended by adding two new sections after Code Section 93-307.2, to be designated as Code Sections 93307.3 and 93-307.4, respectively, to read as follows: 93-307.3. Accounting for electric utilities. (a) The accounting treatments specified in this section shall apply in any proceeding before the Commission to determine the rates to be charged by an electric utility. (b) In any proceeding to determine the rates to be charged by an electric utility, the electric utility shall file jurisdictionally allocated cost of service data on the basis of a test period and the Commission shall utilize a test period, consisting of actual data for the most recent 12 month period for which data are available, fully adjusted separately to reflect estimated operations during the 12 months following the utility's proposed effective date of the rates. After the initial filing and until new rates go into effect, the utility shall file actual cost of service data as it becomes available for each month following the actual data which was filed. The utility shall have the burden of explaining and supporting the reasonableness of all estimates and adjustments contained in its cost of service data. (c) In any case after the effective date of this Act where an electric utility transfers partial or total ownership of any electric plant, the electric utility shall return to its rate payers, in such manner as the Commission may prescribe, the rate payers' cash contribution to the cost of construction, plus the income taxes paid, accrued, and collected by the electric utility in respect thereof, and a portion of the profit, if any, on such transfer. (1) The rate payers' contribution to the cost of construction shall be determined by first multiplying the amount of construction and preconstruction expenditures included in the rate base by the authorized return allowed by the Commission for the electric utility on the jurisdictional rate base during the period or periods such expenditures were included in the rate base, and then subtracting therefrom any carrying costs capitalized in respect of such construction and preconstruction expenditures included in
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the rate base. In the event an electric utility transfers partial or total ownership of any electric plant after the same has commenced commercial operation, the rate payers' contribution to the cost of construction shall be reduced in proportion to the remaining life of the electric plant. (2) The profit, if any, on such transfer shall be allocated between the electric utility and its rate payers in proportion to their respective contributions to the cost of construction. For the purposes of this calculation, the rate payers' contribution shall be determined as provided by paragraph (1) of this subsection. The electric utility's contribution shall be the cost, including carrying costs, of the transferred electric plant as recorded on the books and records of the electric utility. The amount of profit, if any, shall be determined by deducting the sum of the rate payers' and the electric utility's contributions to the cost of construction from the gross proceeds of the transfer. 93307.4. Utility rate making; tax accounting. For purposes of determining a utility's cost of service in rate-making proceedings, the income tax expense portion shall be calculated on the basis of net income before income taxes. Any difference between income based on the utility's accounting records and income determined in accordance with United States Internal Revenue Service laws and regulations will be accounted for as required by generally accepted accounting principles governing all businesses. Section 6. Said Code title is further amended by adding a new Code chapter after Code Chapter 93-5, to be designated Code Chapter 93-5A, to read as follows: CHAPTER 93-5A Utility Proceedings 93-501a. Hearing officers. (a) The Commission shall employ one or more hearing officers to perform the duties set forth in this section. Hearing officers shall be persons qualified by knowledge and experience to conduct hearings on utility and transportation matters; additionally, the Commission may employ part-time hearing officers, if necessary, to handle the caseload. (b) In all utility proceedings commenced after July 1, 1981, any hearing may be conducted by a hearing officer who shall have authority to:
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(1) Administer oaths and affirmations. (2) Sign and issue subpoenas for discovery or trial. (3) Rule upon offers of proof. (4) Regulate the course of the hearing, setting the time and place for continued hearings. (5) Permit persons to make limited appearances as provided in Code Section 93-502a. (6) Take official notice of judicially recognizable facts. (7) Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed at or during a hearing. (8) Exercise such other powers necessary to the efficient and expeditious conduct of the hearing, to the end that a complete and orderly record may be developed. (9) Make written findings of fact based upon evidence in the record. (c) The hearing officer or Commission shall permit only the Commissioners, the hearing officer, or the party's attorneys of record to examine or cross-examine witnesses, except with the consent of the witness. (d) Within 30 days after the conclusion of hearings, the hearing officer shall prepare and certify a record of the evidence to the Commission. The hearing officer shall also transmit to the Commission proposed written findings of fact based upon evidence in the record. A copy of the record and findings of fact shall be provided all parties of record by the hearing officer. The hearing officer may render an initial or recommended decision in uncontested cases, if directed to do so by the Commission. Any such

recommended decision shall also be served upon the parties of record who shall be provided an opportunity to file with the Commission its objections or comments.
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93-502a. Parties; intervention. (a) In all proceedings before the Commission, the parties to such proceeding shall consist of the affected applicant, any person who is permitted to intervene as provided hereinafter and the Utility Finance Section established pursuant to Code Chapter 93-2A. (b) Any person on whom a statute confers an unconditional right to intervene may intervene by filing a notice of intervention with the Commission or hearing officer, as appropriate. (c) Any other person desiring to intervene must file an application for leave to intervene within 30 days following the first published notice of the proceeding. Any such application shall be in writing, shall be verified either by the party intervening or by his attorney on information and belief, shall identify the party requesting the intervention, and shall set forth with particularity the facts pertaining to his interest and the grounds upon which his application for intervention are based. Such application shall be served on all other parties in the proceeding, including those who have previously applied for leave to intervene. No untimely application for leave to intervene shall be granted by the presiding authority except for good cause shown. (d) Any party or person who has previously applied for leave to intervene in a proceeding in which leave to intervene is sought by another person may file a response to the application for leave to intervene within 15 days after the application is served. (e) The Commission or hearing officer shall permit only the following persons to intervene: (1) A person upon whom a statute confers an unconditional right to intervene. (2) A person who demonstrates a legal, property, or other interest in the proceeding. In determining whether to permit intervention, the hearing officer may consider whether the person's interest is adequately represented by other parties and whether the intervention will unduly delay the proceedings or prejudice the rights of other parties. (3) Any member of the General Assembly of the State of Georgia may without fee intervene on behalf of his constituents with the full rights and privileges of a designated party.
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(f) The Commission or hearing officer may condition any order permitting intervention so as to assure the orderly conduct of the proceeding. (g) A person who is not a party may make a limited appearance by making an oral or written statement of his position on the issues within such limits and on such conditions as may be fixed by the hearing officer but he may not otherwise participate in the proceeding. (h) A party granted leave to intervene shall be present, absent good cause shown, during that portion of the proceedings for which that party has indicated a desire to be heard. (i) Hearing officer orders denying or conditioning applications for leave to intervene shall be immediately reviewable by the Commission. Commission orders denying or conditioning applications for leave to intervene shall be immediately reviewable as provided by law for the judicial review of final Commission orders. (j) Nothing contained in this section shall be construed to prohibit the Commission from taking any action prior to the expiration of the 30 day period during which persons are permitted to file applications for leave to intervene. Section 7. Said Code title is further amended by adding a new Code chapter after Code Chapter 93-9, to be designated Code Chapter 93-10, to read as follows: CHAPTER 93-10 Examination of Electric Utilities 93-1001. Internal examination. (a) Each electric utility shall provide for the appointment by its board of directors of an audit committee consisting solely of directors who are not officers or employees of the electric utility. Such audit committee shall make an annual examination into the affairs of the electric utility and report the result of such audit in writing to the board of directors at its next regular meeting. (b) Such report shall state whether the electric utility is in a sound condition and whether adequate internal audit controls and procedures are being maintained and shall recommend to the board
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such changes in the manner of conducting the affairs of the electric utility as shall be deemed advisable. The board of directors shall report in writing to the Commission that such audit has been made and reviewed by the board. 93-1002. Management audit. (a) Not more frequently than every five years, the Commission shall cause to be performed a management audit of each electric utility to determine whether it is being managed in an efficient and effective manner. (b) The management audit provided for in this section shall be performed by a qualified and reputable management auditor of national reputation, to be selected by the Commission from a list of not less than three such auditors, which list shall be made up by mutual agreement by the Commission and the electric utility, who shall report the results of such audit to the Commission. (c) In the event that the Commission and the electric utility are unable to agree on a management auditor's list, either party may petition the Superior Court of Fulton County to select within 30 days of filing

such an auditor's list after a hearing on the petition. (d) The audited electric utility shall pay for such management audit. The cost of such management audit shall be recognized by the Commission as an operating expense of such utility, and such utility's rates shall be fixed by the Commission to recover this retail expense amortized over such period as the Commission may direct. Section 8. Assistance to low or fixed income consumers. Within one year of the effective date of this Act, the Department of Human Resources shall develop a program to identify those low or fixed income consumers of gas and electric utility service who, in the department's opinion, should benefit from public assistance in paying their bills for gas and electric service. The department will also establish an efficient and economical manner to distribute to such consumers all public assistance funds which will be made available whether by appropriations of state or federal funds, grants or otherwise. All gas and electric utilities shall cooperate fully with the department in developing and implementing its program. Nothing in this section shall limit the Commission's authority to order regulatory alternatives which assist low or fixed income ratepayers.
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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. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 11. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1981. CODE OF PUBLIC TRANSPORTATION AMENDED VEHICLES HAULING POULTRY. Code Section 95A-958 Amended. No. 20 (Senate Bill No. 242). AN ACT To amend Code Title 95A, known as the Georgia Code of Public Transportation, as amended, so as to change the provisions relating to the length of certain vehicles, trailers, and loads; to provide for other matters relative thereto; to provide for certain editorial changes; 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 95A, known as the Georgia Code of Public Transportation, as amended, is hereby amended by adding a new paragraph (3) at the end of subsection (b) of Code Section 95A-958 to read as follows: (3) Vehicles transporting live poultry shall not exceed 60 feet in length nor shall the total length of any such vehicle and load exceed 60 feet in length. Provided, however, that the provisions of Code Section 95A-958 which provide that no trailer shall exceed 45 feet in length shall not apply to vehicles hauling live poultry. 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 2, 1981. U.S. CONGRESS URGED TO ENACT LEGISLATION REQUIRING FISCAL NOTES, ETC. No. 2 (House Resolution No. 60). A RESOLUTION Relative to federal fiscal note and grant consolidation legislation; and for other purposes. WHEREAS, a large and ever increasing proportion of state resources are expended to implement policy mandates imposed by the federal government and to satisfy conditions attached to federal categorical grants-in-aid; and WHEREAS, the costs to state and local government associated with federal policy mandates are frequently unanticipated or even unintended and, in any event, are unannounced, thus constituting a
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hidden cost of federal legislation, of which the American people have a right to be informed; and WHEREAS, narrow, special interest-oriented categorical grant programs have proliferated without regard to administrative efficiency and now number 473 in just 29 functional areas, with 90 percent of the programs accounting for only 10 percent of the funds expended; and WHEREAS, each of these narrow programs imposes enormous compliance costs, a blizzard of overlapping paperwork requirements, and additional personnel at every level of government; and WHEREAS, consolidation of these programs into functional areas could greatly reduce costs at every level of government, while giving state and local governments the flexibility in grant administration necessary for both effectiveness and efficiency. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body urges the Congress of the United States to pass, as an immediate priority bearing on the basic accountability of government: (1) Legislation requiring Congress to estimate, in advance, the costs imposed on state and local governments by major federal

policy mandates; and (2) Legislation establishing streamlined Congressional procedures for consolidation of categorical grant programs into functional areas. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this resolution to the Speaker of the United States House of Representatives, to the President of the United States Senate, and to each and every member of the Georgia Congressional Delegation. Approved February 27, 1981.
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GEORGIA CONVOCATION ON FEDERALISM. No. 3 (House Resolution No. 61). A RESOLUTION Relative to a Georgia Convocation on Federalism; and for other purposes. WHEREAS, the principle of constitutional federalism is essential to the proper functioning of our American system of government; and WHEREAS, a federalist system, as set out by the Founding Fathers in the Constitution of the United States and in their related writings, presupposes different levels of government performing distinct functions; and WHEREAS, in recent years, largely due to the unprecedented expansion of the federal government, it has become increasingly difficult to discern any rational division of responsibility among federal, state, and local governments; and WHEREAS, the federal government now routinely intervenes in matters of an obviously local character, while state and local governments are routinely expected to devote an ever greater share of their resources to implementation of purely national policies, as dictated by the federal Congress, judiciary, and bureaucracy; and WHEREAS, this confused, haphazard system of overlapping responsibilities bears little resemblance to constitutional federalism and, furthermore, tends to create enormous inefficiency in the performance of government functions while insulating public officials from accountability to the people; and WHEREAS, a comprehensive evaluation of the roles which each level of government is best equipped to serve is the logical first step towards restoring balance and order to our system of federalism; and WHEREAS, this evaluation process must include representatives from each level of government and the public at large. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that during the 1981 Easter Recess of
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the Congress of the United States, or at such other time as may be mutually agreed upon, Georgia's Congressional Delegation is hereby respectfully petitioned to return to the state to participate with representatives of state, county, and municipal governments in a convocation on federalism which will begin discussions on sorting out the proper roles for each level of government. BE IT FURTHER RESOLVED that this body ask the Governor, in consultation with the Speaker of the House of Representatives and the President of the Senate, to set a time and place for this convocation and issue invitations to the Georgia Congressional Delegation and representatives of state and local governments, and to provide also for participation by and notification of the people of Georgia. Approved February 27, 1981. CLARIFICATION OF ARTICLE V OF U. S. CONSTITUTION URGED. No. 4 (House Resolution No. 62). A RESOLUTION Relative to the need for clarification of Article V of the United States Constitution; and for other purposes. WHEREAS, the Founding Fathers provided, in Article V of the United States Constitution, for a means of amending that Constitution to ensure the ultimate accountability of our laws and institutions to the will of the people; and WHEREAS, Article V explicitly provides two methods for securing amendments to the Constitution; and WHEREAS, one of these two constitutionally mandated methods, that of convening a constitutional convention, has never been utilized; and
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WHEREAS, this disuse is primarily attributable to reluctance caused by the absence of established procedures whereby a constitutional convention is to be applied for, called, convened, and concluded; and WHEREAS, the states would prefer that the contingency of a constitutional convention be provided for through clearly established uniform procedures. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body petitions the Congress of the United States to propose an amendment to the Constitution of the United States clarifying Article V provisions governing constitutional conventions. BE IT FURTHER RESOLVED that this constitutional amendment should: (1) Stipulate uniform procedures whereby states can adopt resolutions applying for a constitutional convention for the purpose of adopting amendments concerning specific, limited subjects and for transmittal of these resolutions to the Congress; (2) Establish a definite effective time period for the validity of these state applications and a means whereby they may be rescinded. (3) Specify procedures for the certification of state applications by Congress and for a determination that a sufficient number of applications on the same subject or subjects have been received to signal Congress's duty to call a constitutional convention; (4) Establish procedures for the formal communication of the call for

a convention by Congress; (5) Provide a means whereby Congress may designate a time, place, and duration for the convention and may appoint a temporary convening officer; (6) Establish a system for the election of delegates to the convention from the states, according to population, for filling vacancies and for the appointment of voters at the convention;
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(7) Provide for certification by Congress of constitutional amendments properly adopted by the convention for ratification by the states. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this resolution to the Speaker of the United States House of Representatives, to the President of the United States Senate, and to each and every member of the Georgia Congressional Delegation. Approved February 27, 1981. CONSUMERS' UTILITY COUNSEL. No. 21 (House Bill No. 35). AN ACT To create the position of Consumers' Utility Counsel; to provide for a statement of purpose and intent; to provide for definitions; to provide for attachment of the Consumers' Utility Counsel to the Office of Planning and Budget; to provide for the appointment and employment of the Consumers' Utility Counsel; to provide for the qualifications, compensation, expenses, powers, duties, and authority of the Consumers' Utility Counsel; to prohibit any person employed as Consumers' Utility Counsel from engaging in certain activities; to provide for penalties; to authorize the Consumers' Utility Counsel to appear on behalf of consumers in certain proceedings; to provide for practices and procedures; to provide for service and notice; to require the Public Service Commission to give certain written notice of proceedings; to provide for depositions and discovery; to provide for orders, injunctions, subpoenas, and actions; to provide for the employment of certain people and their compensation; to provide for the furnishing of services; to provide for access to certain records, files, reports, documents, and other information; to provide for the construction of this Act; to provide for other matters relative to the
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foregoing; to provide for the automatic repeal of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The General Assembly hereby recognizes the importance of effective and economical public utilities to the economy of the State of Georgia. It is further recognized that the citizens of Georgia should receive adequate utility services at the lowest reasonable cost to the consumer while maintaining the ability of public utilities to furnish their products and services. It is further recognized that the Georgia Public Service Commission has been established for the purpose of regulating public utilities and the rates which they charge the consumer and that the Commission is responsible for representing the public interest. The General Assembly is aware, however, that the Public Service Commission must be furnished with all available information concerning the effects of its decisions in rate cases and proceedings before it. It is the purpose of this Act to insure that the Public Service Commission receives such information, particularly in those cases which involve directly the vast majority of Georgia's citizens. Section 2. As used in this Act: (1) Commission shall mean the Georgia Public Service Commission. (2) Consumer means an individual who is a personal, noncommercial user of the product or service of a public utility which is under the jurisdiction of the Georgia Public Service Commission. Consumer shall also mean and include any sole proprietorship, partnership, or corporation which is a commercial user of the product or service of a public utility which is under the jurisdiction of the Georgia Public Service Commission and which has ten or fewer employees and a net income after taxes of $100,000.00 per annum or less for federal income tax purposes. (3) Counsel shall mean the Consumers' Utility Counsel under this Act. Section 3. (a) There is hereby created the position of Consumers' Utility Counsel which shall be attached for administrative purposes only, as that term is defined in Section 3 of the Executive
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Reorganization Act of 1972, to the Office of Planning and Budget. The Consumers' Utility Counsel shall be appointed by the Governor and shall serve at his pleasure. The Consumers' Utility Counsel shall be a practicing attorney qualified by knowledge and experience to practice in public utility proceedings. The Consumers' Utility Counsel shall receive compensation in an amount to be determined by the Governor, but not to exceed that provided or authorized by law for the District Attorney for the Atlanta Judicial Circuit excluding all city and county supplemental compensation and expenses. In addition to such compensation, the Consumers' Utility Counsel shall also receive reimbursement for his reasonable and necessary expenses incurred in the performance of his duties, as provided by law for state employees. No person employed as Consumers' Utility Counsel shall engage in the private practice of law while employed as Consumers' Utility Counsel. The actions of the Consumers' Utility Counsel shall be reviewed annually by the appropriate committees

of the House and Senate. (b) During the period of his employment, and for a period of five years following the termination of his employment, it shall be unlawful for any person employed as Consumers' Utility Counsel to provide legal services directly or indirectly to, or be employed in any capacity by, a public utility, its parent, or its subsidiary companies, corporations, or cooperatives; but such person may otherwise engage in the private practice of law after the termination of his employment as Consumers' Utility Counsel. During the period of his employment and for a period of one year following the termination of his employment, it shall be unlawful for any person employed as Consumers' Utility Counsel to hold any elected office of this state or any county, municipality, or other political subdivision of this state. Any person violating the provisions of this subsection 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 of not more than $5,000.00, or both. Section 4. (a) The Consumers' Utility Counsel shall be entitled to appear, as a party or otherwise, on behalf of the consumers of this state of services provided by any person, firm, or corporation subject to the jurisdiction of the Georgia Public Service Commission, and on behalf of the consumers of this state, in all proceedings before the Georgia Public Service Commission which may involve or affect rates for service or services of utilities and in all other proceedings before the Georgia Public Service Commission under its regulatory jurisdiction over utilities.
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(b) The Consumers' Utility Counsel may also appear in the same representative capacity in similar administrative proceedings affecting the consumers of this state before any federal administrative agency or body which has regulatory jurisdiction over rates, services, and similar matters with respect to public utility services provided by any public utility doing business in this state. (c) The Consumers' Utility Counsel shall be authorized in the same representative capacity to initiate proceedings, by complaint or otherwise, before any federal or state administrative agency, before whom he is otherwise authorized to appear, with respect to matters properly within the cognizance of those agencies. (d) The Consumers' Utility Counsel shall be authorized in the same representative capacity to initiate, or intervene as of right or otherwise appear in, any judicial proceedings involving or arising out of any action taken by an administrative agency in a proceeding in which the Consumers' Utility Counsel was authorized to appear under subsections (a), (b), or (c) of this section. Section 5. (a) In addition to other requirements of service and notice now imposed by law, a copy of any application, correspondence, complaint, pleading, paper, or notice to or issued by the Georgia Public Service Commission shall also be served on the Consumers' Utility Counsel. The Commission shall not proceed to hear or determine any petition, complaint, or proceeding in which the Consumers' Utility Counsel is entitled to appear unless it shall affirmatively appear that the Consumers' Utility Counsel was given at least ten days' written notice thereof, unless such notice is affirmatively waived in writing or the Consumers' Utility Counsel appears and specifically waives such notice. (b) The Consumers' Utility Counsel is hereby authorized to take depositions and obtain discovery of any matter, not privileged, which is relevant to the subject matter involved in any proceeding or petition before the Public Service Commission in the same manner and subject to the same procedures which would otherwise be applicable if such proceeding was then pending before a superior court. The superior courts and the judges and clerks thereof are hereby authorized to issue all orders, injunctions, subpoenas, and to take all actions necessary to carry out the provisions of this subsection.
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Section 6. The Consumers' Utility Counsel is hereby authorized to employ such assistance as may be needed by the Consumers' Utility Counsel and is hereby authorized to employ, and fix the compensation of, such consultants, expert witnesses, accountants, engineers, attorneys, investigators, stenographers, or other technical or clerical assistance, including expert witnesses, as may be necessary to carry out the duties of the Consumers' Utility Counsel. The compensation of the Consumers' Utility Counsel and such staff shall be paid from state funds appropriated or otherwise made available for such purposes. Section 7. Services of all engineers, experts, accountants, and other technical assistants employed by the Georgia Public Service Commission shall be available to the Consumers' Utility Counsel in the performance of his duties; and such engineers, experts, accountants, and technical assistants shall make such appraisals and audits as the Consumers' Utility Counsel, with the approval of the Georgia Public Service Commission, may request. The Consumers' Utility Counsel and his staff shall have access to all records, files, reports, documents, and other information in the possession or custody of the Public Service Commission to the same extent as the members of the Commission and its staff have access thereto and subject to the same limitations imposed on the use thereof. Section 8. The provisions of this Act shall not be construed to prevent any party interested in any proceeding, suit, or action before the Georgia Public Service Commission, any court, or any administrative body from appearing in person or by counsel in such proceeding, suit, or action. Section 9. This Act shall be null and void and shall stand repealed in its entirety

effective July 1, 1983. 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 3, 1981. GAME AND FISH CODE AMENDED. Code Title 45 Amended. No. 22 (House Bill No. 195). AN ACT To amend Code Title 45, known as the Game and Fish Code, approved March 16, 1977 (Ga. Laws 1977, p. 396), as amended, so as to increase bonded license agents' fees; to increase cash license agents' fees; to require procurement of stamps necessary to hunt, fish, trap or possess wildlife; to increase hunting license fees; to increase the combination license fee; to increase freshwater fishing license fees; to provide for severability; to provide an effective date and to repeal conflicting laws. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 45, known as the Game and Fish Code, approved March 16, 1977 (Ga. Laws 1977, p. 396), as amended, is hereby amended by striking in its entirety paragraph (5) of subsection (b) of Section 45-301 pertaining to commission fees for the sale of licenses by bonded license agents and inserting in lieu thereof a new paragraph (5) which reads as follows: (5) Receive for himself no more than fifty (50) cents for each license issued, except for a non-resident hunting license and a non-resident big game license for which the agent may receive one dollar ($1.00) for each license issued.
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Section 2. Said Code title is further amended by striking in its entirety paragraph (4) of subsection (c) of Section 45-301 pertaining to commission fees for the sale of licenses by cash license agents and inserting in lieu thereof a new paragraph (4) which reads as follows: (4) Receive for himself no more than fifty (50) cents for each license issued, except for a non-resident hunting license and a non-resident big game license for which the agent may receive one dollar ($1.00) for each license issued. Section 3. Said Code title is further amended by striking in its entirety subsection (a) of Section 45-302 pertaining to license and permit requirements and by inserting in lieu thereof a new subsection (a) which shall read as follows: (a) It shall be unlawful for any person to hunt, fish, trap or possess any wildlife without first procuring the licenses, stamps or permits required or authorized under the provisions of the Game and Fish Code. Section 4. Said Code title is further amended by striking in its entirety subsection (a) of Section 45-303 pertaining to hunting licenses, time periods and fees and inserting in lieu thereof a new subsection (a) which reads as follows: (a) Hunting licenses: (1) Resident hunting license Season $ 6.50 (2) Nonresident hunting license Season 36.00 (3) Nonresident hunting license 10-day 21.00 (4) Archery license Season 4.50 (5) Resident big game license Season 5.50 (6) Nonresident big game license Season 36.00 (7) Nonresident shooting preserve hunting license Season 10.00 Section 5. Said Code title is further amended by striking from line (1) of subsection (b) of Section 45-303 the numbers 7.25 and by inserting in lieu thereof the numbers 11.50 so that when amended line (1) shall read as follows: (1) Resident hunting/fishing license Season 11.50
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Section 6. Said Code title is further amended by striking in its entirety the current subsection (c) of Section 45-303 pertaining to freshwater fishing licenses and by inserting in lieu thereof a new subsection (c) which reads as follows: (c) Freshwater fishing licenses: (1) Resident fishing license Season $ 5.50 (2) Nonresident fishing license Season 12.50 (3) Nonresident fishing license 5-day 5.50 (4) Resident trout stamp Season 3.50 (5) Nonresident trout stamp Season 10.50 (6) Nonresident trout stamp 5-day 3.50 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 on April 1, 1981. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1981.
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GEORGIA BOAT SAFETY ACT AMENDED. No. 23 (House Bill No. 196). AN ACT To amend the Georgia Boat Safety Act, approved April 19, 1973 (Ga. Laws 1973, p. 1427), as amended, so as to provide for a revision to the boating

registration license fees; to revise the boating registration transfer fee; to provide for an additional exemption from the numbering requirements; 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 Georgia Boat Safety Act, approved April 19, 1973 (Ga. Laws 1973, p. 1427), as amended, is hereby amended by striking in its entirety subsection (c) of Section 6 pertaining to the payment of boating registration fees and substituting in lieu thereof a new subsection to read as follows: (c) Payment of fees: Applications shall be signed by the owner(s) of the vessel and shall be accompanied by the proper fee. Fees for numbering vessels for a registration period of three years shall be as follows: (1) Vessels up to 16 feet in length $ 10.00 (2) Vessels 16 to 26 feet in length 24.00 (3) Vessels 26 to 40 feet in length 60.00 (4) Vessels 40 feet in length or longer 100.00 Section 2. Said Act is further amended by striking from the first two paragraphs of subsection (d) of Section 6 the figure 1.00 wherever it appears in said paragraphs and inserting in lieu thereof the figure 3.00 so that when amended the first two paragraphs of subsection (d) shall read as follows: (d) Change of owner: Should the ownership of a numbered vessel change while the registration is in effect, a new application form with a transfer fee of $3.00 shall be filed with the Department and a new certificate of number shall be issued to the new owner in the same manner as provided for in the original assignment of number. The number assigned shall be identical with the previous
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one. The year of expiration shall remain the same and the date of expiration shall be determined by the birthdate of the new owner. Should the transfer occur in the year of expiration after the month of the new owner's birth, the prescribed fee for the usual three-year registration must accompany the application form and the $3.00 transfer fee. Section 3. Said Act is further amended by striking in its entirety the last paragraph of subsection (d) of Section 6 pertaining to the registration of vessels for which the registration period has lapsed and by inserting in lieu thereof a new paragraph which shall read as follows: Should the ownership of a numbered vessel change after the registration has lapsed, a new application form with the prescribed fee for the usual three-year registration shall be filed with the Department. A new certificate shall be issued to the new owner. Upon receipt by the Department of a specific request from the new owner and payment of a fee of $3.00, the number assigned shall be identical with the previous one unless it has been reassigned during the lapsed period. If the number has been reassigned during the lapsed period, the new owner's fee shall be returned with the new certificate of registration. Section 4. Said Act is further amended by adding to the end of Section 5 a new subsection (j) to read as follows: (j) Used exclusively on privately owned ponds or lakes except those licensed by the Federal Energy Regulatory Commission. 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.
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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 3, 1981. GEORGIA HEALTH CODE AMENDED BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES. Code Title 88 Amended. No. 24 (House Bill No. 122). AN ACT To amend Code Title 88, known as the Georgia Health Code, as amended, so as to provide for a new chapter creating a bill of rights for residents of long-term care facilities; to provide for a short title; to provide for definitions; to provide for legislative intent; to provide for policies, procedures, and staff training; to require notification of rights; to provide for rights of citizenship; to provide for rights to personal choice; to provide for rights to personal property; to provide for rights to nondiscriminatory admissions; to provide for rights to privacy and communication; to provide for rights to fiscal management; to provide for rights to certain financial and other information; to provide for rights to care, treatment, and services; to provide for rights relative to pharmaceuticals; to provide for rights to freedom from restraints, isolation, or restriction; to provide for rights relating to transfer or discharge; to provide for temporary suspension of certain rights; to provide for additional rights; to provide for rights to assistance; to provide for grievance procedures; to provide for hearings; to provide for penalties and enforcement; to provide for rules and regulations; 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 88, known as the Georgia Health Code, as amended, is hereby amended by adding a new Code chapter, to be designated Code Chapter 88-19B, to read as follows: CHAPTER 88-19B LONG-TERM CARE FACILITIES: RESIDENTS' BILL OF RIGHTS 88-1901B. Short title. This chapter shall be known and may be cited as the `Bill of Rights for Residents of Long-term Care Facilities.' 88-1902B. Definitions. For the purposes of this chapter, unless the context clearly indicates otherwise: (1) `Administrator' means a person duly licensed as a nursing home administrator under the Act creating the Georgia State Board of Nursing Home Administrators, approved April 8, 1968 (Ga. Laws 1968, p. 1143), as now or hereafter amended, who operates or manages or is in charge of a long-term care facility. (2) `Department' means the Department of Human Resources. (3) `Longterm care facility' or `facility' means any intermediate care home, skilled nursing home, or intermingled home now or hereafter subject to regulation and licensure by the department. (4) `Resident' means any person who is receiving treatment or care in any long-term care facility. Such resident shall be entitled to exercise all rights provided hereunder except as limited by a court of competent jurisdiction or by applicable law. (5) `Guardian' means a resident's legal guardian or conservator, or the parent of a minor representative who does not have a duly appointed guardian. (6) `Representative' is a person authorized by a resident or his guardian to act for the resident as an official delegate or agent.

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88-1903B. Legislative intent. The General Assembly finds that persons residing within long-term care facilities are isolated from the community and often lack the means to assert fully their rights as individual citizens. The General Assembly further recognizes the need for these persons to live within the least restrictive environment possible in order to retain their individuality and personal freedom. It is therefore the intent of the General Assembly to preserve the dignity and personal integrity of residents of long-term care facilities through the recognition and declaration of rights safeguarding against encroachments upon each resident's need for self-determination. It is the further intent of the General Assembly that this Act complement and not duplicate or substitute for other survey and inspection programs regarding long-term care facilities. Every effort shall be made to use the long-term care ombudsman, pursuant to Code Chapter 2819A, to resolve complaints related to resident's rights. 88-1904B. Compliance. (a) Each facility shall establish written policies and procedures in accordance with the provisions of this chapter and shall provide for the implementation and continuing compliance with this chapter. In addition, each facility must comply with all other applicable state laws and regulations. (b) Each facility shall conduct training for all staff on a quarterly basis to provide that staff are familiar with the provisions of this Code chapter and understand the obligation to provide care for residents consistent with provisions of this Code chapter at all times. 88-1905B. Bill of rights for residents of long-term care facilities. Residents' rights shall include, but not be limited to, the rights provided in Code Section 88-1905B through Code Section 88-1920B. 88-1906B. Right to notification of rights. Each resident and guardian, or representative if the resident does not have a guardian, shall be given by the facility a written and oral explanation of the rights, grievance procedures, and enforcement provisions provided by this chapter before or at the time of admission. Written acknowledgment of the receipt of such explanation by the resident, his guardian, or representative shall be made a part of the resident's file. In addition, each facility shall post written notices in conspicuous locations in the facility. Such written notice shall be prepared by the department. The notice shall be prepared in type and format easily
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readable by residents and shall describe residents' rights, the grievance procedure, and enforcement provisions provided by this chapter. 88-1907B. Rights of citizenship. Each resident shall be encouraged and assisted by the facility to exercise all rights, benefits, and privileges as a citizen including, but not limited to, the following: (1) The right to vote. Residents who are eligible to vote shall have the right to vote in primary, special, and general elections and in referenda. The facility shall permit and reasonably assist residents to obtain voter registration forms, applications for absentee ballots, and absentee ballots and to comply with other requirements which are prerequisite for voting. (2) The right to free exercise of religion as well as freedom from imposition of religious beliefs or practices. (3) The right to associate, meet, and communicate privately with persons of the resident's choice. (4) The right to participate, inside and outside the facility, in social, family, religious, and community group activities. 88-1908B. Right to personal choice. (a) Each resident shall be free from a duty to perform services for the facility. (b) Each resident shall be permitted to rise and retire at times of his choice, if the resident does not interfere with the rights of others. (c) Unless contradictory to written admission policies of which the resident, guardian, or representative is informed prior to admission, each resident shall be permitted to use tobacco and to consume alcoholic beverages subject to the facility's policies and safety rules and applicable state law if the resident does not interfere with the rights of others. (d) Each resident shall be free to enter and leave the facility as the resident chooses. 88-1909B. Right to personal property. Each resident shall be permitted to retain

and use his personal property, including funds and clothing, in his immediate living quarters as space permits. Upon request, the facility shall provide a means of securing the resident's
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property in his room or in any other secured part of the facility so long as the resident has access to such property on weekdays and, where facility policy allows, on weekends and holidays. Each facility shall keep a record of all personal property deposited within a secured part of the facility. The facility shall develop procedures for investigating complaints concerning thefts of residents' property and shall promptly investigate all such complaints and report the results of its investigation to the complainant. 88-1910B. Right to nondiscriminatory admission. Each resident or person requesting admission to a facility shall be free from discrimination by the facility through its refusing admission or continued residency on the basis of the resident's or applicant's history or condition of mental or physical disease or disability unless such admission would cause the facility or any resident to lose eligibility for any state or federal program of financial assistance or unless the facility cannot provide adequate and appropriate care, treatment, and services to the resident due to such disease or disability. 88-1911B. Right to privacy. Each resident shall enjoy the right of privacy including, but not limited to, the following: (1) The right to privacy in the resident's room or the resident's portion of the room. The staff may not enter a resident's room except when the resident is asleep without making their presence known, except in an emergency threatening the health or safety of the resident or as required by the resident's care plan. (2) The right to a private room and a personal sitter if the resident pays the difference between the facility's charge for such a room and/or sitter and the amount reimbursed through Medicare or Medicaid. (3) The right to private visits with the resident's spouse. Spouses shall be permitted to share a room when available where both are residents of the facility. (4) The right to have unimpeded, private, and uncensored communication with anyone of the resident's choice by mail, public telephone, and visitation, provided that such visitation does not disturb other residents. The administrator shall provide that mail is received and mailed on regular postal delivery days,
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that telephones are accessible for confidential and private communications, and that at least one private place per facility is available for visits during normal visitation hours, which shall be at least 12 continuous hours per day. (5) The right to refuse acceptance of correspondence, telephone calls, or visitation by anyone. (6) The right to respect and privacy in his medical, personal, and bodily care program. Each resident's case discussion, consultation, examination, treatment, and care shall be confidential and shall be conducted in privacy. Those persons not directly involved in the resident's care must have the resident's permission to be present. (7) The right to receive confidential treatment of resident's personal and medical records. Only the resident or guardian may approve the release or disclosure of such records to any individual outside the facility, except in case of the resident's transfer to another health care facility or during Medicare, Medicaid, licensure, medical care foundation, or peer review survey, or as otherwise provided by law or third-party payment contract. 88-1912B. Right to fiscal management. (a) Any payments made to or on behalf of a resident, regardless of the payee, shall be used exclusively for the resident's benefit, unless otherwise required by law. (b) Each resident or guardian shall be permitted to manage his financial affairs and to withdraw and use funds from any personal account established for him at the facility. The resident or guardian may authorize the administrator or other person employed by the facility to assist in the management of such resident's financial affairs, either wholly or partially, subject to the following conditions: (1) Such authorization must be in writing and maintained in the resident's files. (2) Resident's funds shall be expended by the facility only with prior written consent or upon the immediate request of the resident or guardian.
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(3) The resident, his guardian, or representative shall be given any portion or all of the resident's funds upon the request of the resident or guardian. (4) A current written record of all financial arrangements and transactions involving the resident's funds shall be maintained and made available for inspection and copying upon request to the resident or guardian. A written statement showing the current balance and an itemized listing of all transactions shall be provided to each resident or guardian at least quarterly and prior to any change in ownership of the facility. (5) Funds received from a resident or on his behalf may be deposited in an interest-bearing account, but in any event all funds not needed for ordinary use by residents on a daily basis shall be deposited in an account insured by agencies of or corporations chartered by the state or federal government and in a form which clearly indicates that the facility has only a fiduciary interest in the funds and any interest earned on the account shall accrue to the resident. (6) Each facility shall purchase a surety bond at least in the amount of the funds to guarantee the security of residents' funds. 88-1913B. Right to certain information. (a)

At the time of admission, the facility must provide the resident with: (1) A written notice of the facility's basic daily or monthly rates. (2) A written statement of all facility services, including those offered on a needed basis, and related charges, including any extra charges for services not covered under Medicare or Medicaid or by the facility's basic daily or monthly rate. (3) A statement disclosing the facility's name and business address and the name and business address of the administrator of the facility. Upon request an applicant or resident shall be furnished with a copy of the annual disclosure statement filed with the Department of Medical Assistance. (4) Notice of the right of access to the written policies and procedures of the facilities. Access to these policies and procedures shall be permitted during ordinary business hours.
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(b) Upon a resident's request, the facility must provide that resident with a current list of all services and charges. Current charges must be posted in a conspicuous location. (c) The facility must inform each resident in writing, at least 30 days in advance of the effective date, of any changes in rates or the services that these rates cover. (d) A facility must bill for charges at least once a month unless otherwise agreed. Each bill must itemize charges for: (1) The daily or monthly rate; and (2) All extra charges. (e) Each resident or guardian shall be permitted to inspect and receive a copy of the resident's nonmedical records kept by the facility. The facility may charge a reasonable fee for duplication not to exceed actual cost. 88-1914B. Right to care, treatment, and services. (a) Each resident shall receive care, treatment, and services which are adequate and appropriate. Care, treatment, and services shall be provided as follows: (1) With reasonable care and skill. (2) In compliance with applicable laws and regulations. (3) Without discrimination in the quality of a service based on the source of payment for the service. (4) With respect for the resident's personal dignity and privacy. (5) With the goal of the resident's return home or to another environment less restrictive than the facility. (b) In the provision of care, treatment, and services to the resident by the facility, each resident or guardian shall be entitled to the following:
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(1) To choose the resident's physician. The physician so chosen shall inform the resident in advance whether or not the physician's fees can be paid from public or private benefits to which the resident is entitled and shall provide such documentation as may be required by law or regulation. (2) To participate in the overall planning of the resident's care and treatment. The resident or guardian shall be informed of this right each time a substantial change in the treatment plan is made. (3) To refuse medical treatment, dietary restrictions, and medications for the resident. The resident or guardian shall be informed of the probable consequences of such refusal, the refusal shall be noted in the resident's medical records, and the resident's attending physician shall be notified as soon as practical. If such refusal apparently would be seriously harmful to the health or safety of the resident, the facility shall either refer the resident to a hospital or notify a responsible family member or, if such a family member is not readily available, the Department of Family and Children Services. If such refusal would be harmful to the health or safety of others as documented in the resident's medical records by the resident's physician, this subsection shall not apply. Any facility or employee of such facility which complies with this provision shall not be liable for any damages resulting from such refusal. (4) To receive from the facility upon the request of the resident, guardian, or representative the name, address, and telephone number of the resident's physician. (5) To have any significant change in the resident's health status reported to persons of his choice by the facility within a reasonable time. (6) To obtain from the resident's physician or the physician attached to the facility a complete and current explanation concerning the resident's medical diagnosis, treatment, and prognosis in language the resident can understand. Each resident shall have access to all information in the medical records of the resident and shall be permitted to inspect and receive a copy of such records unless medically contraindicated. The facility may charge a reasonable fee for duplication not to exceed actual cost.
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(c) Each resident shall be free from experimental research or treatment unless the informed, written consent of the resident or guardian is first obtained. 88-1915B. Rights relative to pharmaceuticals. (a) Each resident or guardian shall be permitted to select the pharmacy or pharmacist of his choice for those pharmaceutical supplies and services not provided as a part of the basic rate for the facility. However, if the facility under its policies or procedures utilizes a specific type of unit dose system, such pharmacy or pharmacist must provide pharmaceuticals under such system. The resident or guardian shall be informed in writing at the time of admission of the resident as to which pharmaceutical supplies and services are not so provided. No person shall be discriminated against as to admission or continued residency on the basis

of the person's choice of pharmacy, pharmacist, or both. Subject to the resident's choice of pharmacy or pharmacist, each resident shall receive pharmaceutical supplies and services at reasonable prices not exceeding applicable and normally accepted prices for comparably packaged pharmaceutical supplies and services within the community. (b) Each resident or guardian shall, on his request, be informed of the identity, purpose, and possible reactions to each drug to be administered. 88-1916B. Right to freedom from restraints, isolation, or restriction. Each resident shall be free from actual or threatened physical restraints, isolation, or restrictions on mobility within or outside the facility grounds, including the use of drugs to limit mobility, except to the minimum extent necessary to protect the resident from immediate injury to the resident or to others. In no event shall restraints, restrictions, or isolation be used for punishment, incentive, behavior conditioning or modification, or for the convenience of the facility. Restraints, restrictions, or isolation shall be used only subject to the following conditions: (1) Prior to authorizing restraints, restrictions, or isolation, the attending physician shall make a personal examination and individualized determination of the need to use such restraints, restriction, or isolation on that resident and shall specify a reasonable time for such use. No restraint, restriction, or isolation shall be used by the facility longer than 65 days for intermediate care residents and longer than 35 days for skilled nursing residents,
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except by reorder of the attending physician after personal examination of the resident. Irrespective of such time period specified, restraints, restrictions, or isolation shall not be used beyond the period of actual need. (2) In an emergency situation, restraints, restrictions, or isolation shall be authorized by the person in charge only to protect the resident from immediate injury to the resident or others and shall not be continued for more than 12 hours after the onset of the emergency without personal examination and authorization by the attending physician. (3) The resident and a person designated by the resident, if any, shall be informed immediately of the need for the use of restraint, restriction, or isolation, the reasons for such use, and the time the physician has specified for such use. Such information shall be recorded in the resident's file. (4) A restrained or isolated resident shall be monitored by staff at least every hour, released, and exercised at least every two hours except during normal sleeping hours. (5) When a restraint, restriction, or isolation is used under this Code section, the resident shall retain all rights enumerated in this chapter. 88-1917B. Rights relating to transfer or discharge. (a) Except in an emergency, where the resident or other residents are subject to an imminent and substantial danger that only immediate transfer or discharge will relieve or reduce, a facility may involuntarily transfer a resident only in the following situations and after other reasonable alternatives to transfer have been exhausted: (1) A physician determines that failure to transfer the resident will threaten the health or safety of the resident or others and documents that determination in the resident's medical record. If the physician determines that the facility cannot provide care, treatment, and services which are adequate and appropriate, it shall be conclusively presumed that the failure to transfer will threaten the health or safety of the resident. If the basis for the transfer or discharge is the safety of the resident himself, the resident shall not be involuntarily transferred or discharged unless a physician determines that such transfer or discharge is
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not reasonably expected to endanger the resident to a greater extent than remaining in the facility and documents that determination in the resident's medical records. (2) The facility does not participate in, or voluntarily or involuntarily ceases to operate or participate in, the program which reimburses for the resident's care. (3) Nonpayment of allowable fees has occurred. The conversion of a resident from private pay status to Medicaid eligibility due to exhaustion of personal financial resources, or from Medicare to Medicaid, does not constitute nonpayment of fees under this Code section. (4) When the findings of a Medicare or Medicaid medical necessity review determine that the resident no longer requires the level of care provided at the facility. (b) If the facility voluntarily or involuntarily ceases to operate or participate in the program which reimburses for the resident's care, the facility must cooperate fully with the State Medicaid Agency and the Health Care Financing Administration Regional Office in the implementation of any transfer planning and transfer counseling conducted by these agencies. (c) The facility shall assist the resident and guardian in finding a reasonably appropriate alternative placement prior to the proposed transfer or discharge. The plan for such transfer or discharge shall be designed to mitigate the effects of transfer stress to the resident. Such plan shall include counseling the resident, guardian, or representative regarding available community resources and informing the appropriate state or social service organization. (d) The facility must notify the resident, guardian or representative, and attending physician at least 30 days before any involuntary transfer, except as specified in paragraph (4) of subsection (a) of this Code section. This notice must be in writing and contain: (1) The reasons for the proposed transfer; (2) The effective date of the proposed transfer;

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(3) Notice of the right to a hearing pursuant to Code Section 1922B and the right to representation by legal counsel; and (4) The location to which the facility proposes to transfer the resident. (e) The resident shall receive at least 15 days' notice prior to an involuntary intrafacility transfer. (f) If two residents in a facility are married and the facility proposes to transfer involuntarily one spouse to another facility at a similar level of care, the facility must give the other spouse notice of his or her right to be transferred to the same facility. If the spouse notifies a facility in writing that he wishes to be transferred, the facility must transfer both spouses on the same day, pending availability of accommodations. (g) Each resident shall be discharged from a facility after the resident or guardian gives the administrator or person in charge of the facility notice of the resident's desire to be discharged and the date of the expected departure. Where the resident appears to be incapable of living independently of the facility, the facility shall notify the Department of Family and Children Services in order to obtain social or protective assistance for the resident immediately. The notice of the discharge by the resident or guardian, the expected and actual date thereof, and notice to the department where required shall be documented in the resident's records. Upon such discharge and, if required, notice to the department, the facility is relieved from any further responsibility for the resident's care, safety, or well-being. (h) Whenever allowed by the resident's health condition, a resident shall be provided treatment and care, rehabilitative services, and assistance by the facility to prepare the resident to return to the resident's home or other living situation less restrictive than the facility. Upon the request of the resident, guardian, or representative, the facility shall provide him with information regarding available resources and inform him of the appropriate state or social service organizations. (i) Each resident transferred from a facility to a hospital, other health care facility, or trial alternative living placement shall have the right to return to the facility immediately upon discharge from the hospital or other health care facility or upon termination of the trial
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living placement, provided that the resident has continued to pay the facility or third-party payment is provided for the period of the resident's absence. In cases of nonpayment to the facility during such absence, a resident who requests to return to a facility from a hospital shall be admitted by the facility to the first bed available after discharge from the hospital. 88-1918B. Requirements for temporary suspension of rights. Only the rights enumerated in Code Sections 881908B(b), 88-1908B(c), 88-1914B(b)(6), and 88-1908B(d) may be suspended as a result of medical contraindication determined by the resident's physician and then only under the following conditions: (1) The physician has personally examined the resident and documents that the exercise of such right or rights pose a danger to other residents or an immediate and substantial danger to the resident himself. If the threatened danger is only to the resident, the resident's rights shall not be suspended pursuant to this Code section if the resident or guardian understands the danger and insists on the exercise of the right. (2) Prior to or at the time of a suspension of a right or rights due to a medical contraindication, the resident and guardian or representative shall be notified of such suspension, its duration, and the resident's legal right to meet with legal counsel, long-term care ombudsman, members of his family, his guardian, or others of his choice. (3) Suspension of a right or rights shall be for a reasonable time not to exceed 35 days for skilled nursing residents and not to exceed 65 days for intermediate care residents. Every additional period, also not to exceed the same maximum time periods, shall be considered a new suspension, subject to the conditions of paragraphs (1) and (2) of this Code section. 88-1919B. Other rights. (a) The facility must permit each resident to exercise the rights and pursue the interests described in this chapter without restraint, interference, coercion, discrimination, or reprisal from the facility. (b) The facility must exercise judgment in situations which pose a threat to the health or safety of a resident, and when necessary, must achieve a reasonable accommodation of conflicting rights of residents.
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(c) Each resident shall be permitted to voice complaints and recommend changes in policies, procedures, and services to the administrator, his designee, or the resident's council. (d) Any person who became a resident before the effective date of this Code chapter shall receive the notices required under Code Sections 88-1906B, 88-1913B(a)(1), 88-1913B(a)(4), 88-1913B(a)(6), 88-1914B(a)(3) and 88-1915B(a) no later than September 30, 1981. (e) Each resident, or resident's family, guardian, or representative shall not be coerced by any means into giving contributions. When free will contributions are made by the resident or resident's family, guardian, or representative for a restricted purpose, such contribution must be used for the purpose so designated. A receipt shall be provided for all contributions and a central record of such receipts shall be maintained at the facility. 88-1920B. Access to facility. (a) Visitors must be granted access to residents, who have the right to refuse or terminate any visit. The facility must permit the resident's

representatives and representatives of any federally mandated ombudsman or advocacy program access to the resident. (b) Access under this Code section shall be allowed during normal visitation hours. Each person entering a facility shall promptly disclose his presence and identity to the person in charge and shall enter the immediate living quarters of a resident only after identifying himself and receiving permission to enter. Such person shall leave immediately upon the resident's request. The rights of other residents in the room and in the facility shall be respected. (c) The administrator or person in charge of a facility may refuse access as described in this Code section or require a person to leave a facility only if he has reason to believe that the presence of the person seeking access would result in severe harm to any resident's health, safety, or property, if the access is sought for financial solicitation or for commercial purposes or if such access is refused by the resident. (d) This Code section shall not limit the power of any public agency, long-term care ombudsman under Code Chapter 88-19A, or other person permitted or required by law to enter and inspect a facility.
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(e) The facility must permit the formation of a resident council by interested residents, provide space for meetings, and provide assistance in attending meetings to those residents who require it. The facility may not compel attendance at, or participation in, resident council meetings. 88-1921B. Grievance procedure. (a) Any resident, guardian, or representative who believes his rights under this chapter have been violated by a facility shall be permitted to file a grievance under the provisions of this Code section. (b) To initiate the grievance, the resident, guardian, or representative may submit an oral or written complaint to the administrator or his designee; the administrator or his designee shall act to resolve the complaint or shall respond to the complaint within three business days, including in the response a description of the review and appeal rights set forth in this Code section. (c) If the person filing the complaint is not satisfied by the action taken by the administrator or his designee, the complainant shall submit an oral or written complaint to the state or community ombudsman, pursuant to Code Chapter 88-19A. (d) If the ombudsman does not resolve the grievance to the complainant's satisfaction within ten days, the complainant may submit the grievance to an impartial referee, jointly chosen by the administrator or his designee and the complainant, who will conduct a hearing. (e) The referee's hearing shall be held at the facility within 14 days after submission of the grievance at a time convenient to the referee, the complainant, and the administrator. The complainant and the administrator may review relevant records and documents, present evidence, call witnesses, cross-examine witnesses, make oral arguments, and be represented by any person of their choice. The referee may ask questions of any person, review relevant records and documents, call witnesses, and receive other evidence as appropriate. The referee shall keep a record of the proceedings, which may be a sound recording. Within 72 hours after the grievance review, the referee shall render a decision and shall give to the complainant and to the administrator a written statement of the decision and reasons therefor which shall also describe the appeal rights set forth in Code Section 1922B. Such decision shall be binding on the parties unless reversed upon appeal.
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(f) The facility shall maintain a central file of documents pertaining to grievances, such file to be confidential except that any resident, guardian, or representative may review any document pertaining to the resident and all documents shall be available to the department for inspection. This subsection shall not apply to any documents protected by the attorneyclient privilege. (g) If a resident or complainant is unable for any reason to understand any writing or communication pertinent to this Code section, such information shall be communicated to him in a manner that takes into account any communication impairment he may have. (h) A resident, guardian, or representative who elects not to proceed under this Code section shall not be prohibited from proceeding under Code Section 1922B or 1923B. 88-1922B. Administrative hearing. (a) Any resident, guardian, or representative who believes his rights under Code Section 88-1907B(3), 881907B(4), 88-1908B(d), 88-1910B, 88-1914B(b)(3), 88-1916B, 88-1917B, 88-1918B, or 88-1920B have been violated or any complainant or facility dissatisfied with a decision of a referee shall have the right to request a hearing from the department pursuant to the `Georgia Administrative Procedure Act' (Ga. Laws 1964, p. 338), as now or hereafter amended. The department is authorized to hold such hearings and, in the case of an appeal of a decision of a referee, the department may hold such hearings by review of the record. (b) The hearing shall be conducted within 45 days of the receipt by the department of the request for hearing. Except where the ombudsman has already been involved in the matter at issue, the department may refer the complaint to the state or local ombudsman for informal resolution pending the hearing. (c) Except in the event of an emergency situation in which the resident or other residents are subject to imminent and substantial danger that only immediate transfer will relieve or reduce, or except in case of nonpayment, no transfer shall take place until all appeal rights are exhausted. (d) The department shall hold such hearings at the facility upon the resident's request, or as necessary due to the resident's medical condition. Where residents of a facility allege a common complaint, the department may at residents' request schedule a single hearing. If

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the department finds no violations of this chapter, the resident and facility will be so informed. If a violation has occurred, the department shall order the facility to correct such violation; and upon failure to correct such violation within a reasonable time, the department may impose appropriate civil penalties as hereinafter provided. 88-1923B. Enforcement. (a) Any person or persons aggrieved because a long-term care facility has violated or failed to provide any rights granted under this chapter shall have a cause of action against such facility for damages and such other relief as the court having jurisdiction of the action deems proper. No person shall be prohibited from maintaining such an action for failure to exhaust any rights to administrative or other relief granted under this chapter. (b) In addition to other penalties or remedies that may be imposed by this chapter or other law, the department is authorized to impose civil penalties as follows: (1) If a violation has occurred, the department shall order the facility to correct such violation; and upon failure to correct such violation within a reasonable period of time, the department may order the facility to discontinue admitting residents until such violation is corrected. (2) In cases of violation repeated by a facility under the same license within a 12 month period, the department shall be authorized to assess a civil penalty not to exceed $75.00 per violation for each day in which the violation continues, except that the maximum civil penalty for each violation shall not exceed $2,500.00. In imposing such civil penalties the department shall consider all relevant factors including, but not limited to: (A) The amount of assessment necessary to insure immediate and continued compliance; (B) The character and degree of impact of the violation of the health, safety, and welfare of any resident in the nursing home; (C) The conduct of the person or facility against whom the citation is issued in taking all feasible steps or procedures necessary or appropriate to comply or to correct the violations;
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(D) Any prior violations by the facility of statutes, regulations, or orders administered, adopted, or issued by the department. (c) Any such civil penalty shall be imposed by the department only after notice and hearing as provided in Code Chapter 88-3. (d) Any person or facility subject to a civil penalty under this Code section is entitled to judicial review in accordance with Code Chapter 88-3. (e) All civil penalties recovered by the department as herein provided by this chapter shall be paid into the State Treasury. (f) Nothing in this Code section shall be construed to preempt any other law or to deny to any individual any rights or remedies which are provided by or under any other law. (g) The provisions of Code Section 88-301, relating to misdemeanor penalties for violations of this Code title, shall apply fully to any willful violation of this Code chapter. 88-1924B. Rules and regulations. The department is authorized to promulgate rules and regulations to implement the provisions of this chapter. 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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1981. OCMULGEE JUDICIAL CIRCUIT JUDGES' COMPENSATION. No. 25 (Senate Bill No. 249). AN ACT To provide for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the Ocmulgee Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In addition to the compensation, salary, expenses, and allowances presently being received by the judges of the Superior Court of the Ocmulgee Judicial Circuit from the State of Georgia or any other source, the judges of the superior court of said circuit shall receive a supplement to such compensation from the funds of Baldwin, Greene, Hancock, Jasper, Jones, Morgan, Putnam, and Wilkinson counties in the amount of $950.00 per month for each such judge. The division of payment among the eight counties shall be in the following amounts for each such judge: (1) Baldwin County $ 150.00 per month (2) Greene County 100.00 per month (3) Hancock County 100.00 per month (4) Jasper County 100.00 per month (5) Jones County 150.00 per month (6) Morgan County 100.00 per month (7) Putnam County 150.00 per month (8) Wilkinson County 100.00 per month
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It shall be the duty of the governing authorities of each such county to provide by taxation, or otherwise, sufficient funds to pay the portion of said supplement assessed against each of said counties and to pay the same as provided in this Act. The supplement of each judge is hereby made and declared to be part of the expenses of the courts, and the power to levy a tax to pay the same is hereby delegated to said county governing authorities. 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 1981 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of the counties comprising the Ocmulgee Judicial Circuit to provide for a supplement to the salary of each judge of the superior courts of the Ocmulgee Judicial Circuit to provide for matters relative thereto; and for other purposes. This 1st day of January, 1981. George L. Jackson Joseph B. Duke Hugh P. Thompson Judge, Superior Courts Ocmulgee Judicial Circuit To affirm that the legal advertisement, Notice of Intention to Introduce Local Legislation, appeared in The Eatonton messenger on three consecutive weeks, January 8, 15, 22 of 1981. /s/ Battle Smith Publisher
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Sworn to and subscribed before me, this 29th day of January, 1981. /s/ Joyce D. Hardy Notary Public, State of Georgia at Large. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of the counties comprising the Ocmulgee Judicial Circuit to provide for a supplement to the salary of each judge of the superior courts of the Ocmulgee Judicial Circuit; to provide for matters relative thereto; and for other purposes. This 1st day of January, 1981. George L. Jackson Joseph B. Duke Hugh P. Thompson Judge, Superior Courts Ocmulgee Judicial Circuit Georgia, Baldwin County. I, Roger W. Coover, do solemnly swear that I am the Publisher of the UnionRecorder, printed and published at Milledgeville in the State of Georgia, and that from my personal knowledge and reference to files of said publication the legal advertisement of: Notice of Intention To Introduce Local Legislation: Salaries for Judges Ocmulgee Judicial Circuit was inserted in space of legal advertisement as follows: January 9, 16, 23, 1981.
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/s/ Roger W. Coover, Publisher Sworn to and subscribed before me, this 23rd day of January, 1981. /s/ Patsy C. Smith Notary Public. My Commission Expires May 4, 1982. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of the counties comprising the Ocmulgee Judicial Circuit to provide for a supplement to the salary of each judge of the superior courts of the Ocmulgee Judicial Circuit; to provide for matters relative thereto; and for other purposes. This 1st day of January, 1981. George L. Jackson Joseph B. Duke Hugh P. Thompson Judge, Superior Courts Ocmulgee Judicial Circuit Georgia, Greene County. Before me a Notary Public in and for said state and county appeared Carey Williams, Sr. who on oath says that he is the publisher of The HeraldJournal a newspaper in which the Sheriff's Sales and other legal advertisements appear for said County, and that the attached legal advertisement appeared in the issues of January 9, 16 and 23, 1981. /s/ Carey Williams, Sr.
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Sworn to and subscribed before me, this 26th day of January, 1981. /s/ Ralph Marchman (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of the counties comprising the Ocmulgee Judicial Circuit to provide for a supplement to the salary of each judge of the superior courts of the Ocmulgee Judicial Circuit; to provide for matters relative thereto; and for other purposes. This 1st day of January, 1981. George L. Jackson Joseph B. Duke Hugh P. Thompson Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd who, on oath, deposes and says that he/she is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News which is the official organ of Wilkinson County, on the following dates: January 1, 8, 15, 1981.
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/s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Cathy

Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of the counties comprising the Ocmulgee Judicial Circuit to provide for a supplement to the salary of each judge of the superior courts of the Ocmulgee Judicial Circuit; to provide for matters relative thereto; and for other purposes. This 1st day of January, 1981. George L. Jackson Joseph B. Duke Hugh P. Thompson Judge, Superior Courts Ocmulgee Judicial Circuit Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd who, on oath, deposes and says that he/she is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation
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was published in the Jones County News which is the official organ of Jones County, on the following dates: January 8, 15, 22, 1981. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of the counties comprising the Ocmulgee Judicial Circuit to provide for a supplement to the salary of each judge of the superior courts of the Ocmulgee Judicial Circuit; to provide for matters relative thereto; and for other purposes. This 1st day of January, 1981. George L. Jackson Joseph B. Duke Hugh P. Thompson Judge, Superior Courts Ocmulgee Judicial Circuit Georgia, Fulton County.
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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd who, on oath, deposes and says that he/she is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sparta Ishmaelite which is the official organ of Hancock County, on the following dates: January 8, 15, 22, 1981. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of the counties comprising the Ocmulgee Judicial Circuit to provide for a supplement to the salary of each judge of the superior courts of the Ocmulgee Judicial Circuit; to provide for matters relative thereto; and for other purposes. This 1st day of January, 1981. George L. Jackson Joseph B. Duke Hugh P. Thompson Judge, Superior Courts Ocmulgee Judicial Circuit
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd who, on oath, deposes and says that he/she is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Madisonian which is the official organ of Morgan County, on the following dates: January 8, 15, 22, 1981. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 9th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of the counties comprising the Ocmulgee Judicial Circuit to provide for a supplement to the salary of each judge of the superior courts of the Ocmulgee Judicial Circuit; to provide for matters relative thereto; and for other purposes. This 1st day of January, 1981. George L. Jackson Joseph B. Duke Hugh P. Thompson Judge, Superior Courts Ocmulgee Judicial Circuit
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd who, on oath, deposes and says that he/she is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monticello News which is the official organ of Jasper County, on the following dates: January 8, 15, 22, 1981. /s/ Culver Kidd Senator, 25th District Sworn to and

subscribed before me, this 9th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 6, 1981.
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WESTERN JUDICIAL CIRCUITJUDGES' COMPENSATION. No. 36 (House Bill No. 346). AN ACT To amend an Act adding one additional judge of the superior courts of Western Judicial Circuit of Georgia, approved March 18, 1976 (Ga. Laws 1976, p. 562), so as to change the provisions of that Act regarding the supplementary compensation, salaries, and expense allowances for both judges of that circuit by 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. An Act adding one additional judge of the superior courts of Western Judicial Circuit of Gerogia, approved March 18, 1976 (Ga. Laws 1976, p. 562), is hereby amended by striking Section 5 thereof in its entirety and inserting in lieu thereof a new Section 5 to read as follows: 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 the compensation, salary, and expense allowances from the State of Georgia and from the counties of that circuit shall be the same as that of the other judge of the Superior Courts of the Western Judicial Circuit. The amount of the salary supplements to be paid by Clarke County to each judge of that circuit shall be $5,000.00 annually, to be paid in equal monthly installments from funds of Clarke County, with the amount of the salary supplements to be paid by the other county of that circuit to the judges of the circuit to remain in the same amount as heretofore provided by 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.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that local legislation will be introduced in the 1981 Session of the General Assembly of Georgia to amend an act adding one additional Judge of the Superior Courts of Western Judicial Circuit of Georgia, approved March 18, 1976 (Ga. Laws 1976, p. 562), to change the provisions of that act regarding the supplementary compensation, salaries and expense allowances for both judges of that circuit by the counties of the circuit and for other purposes. This 24th day of December, 1980. Hugh Logan Representative, District 62 Bob Argo Representative, District 63 State of Georgia County of Clarke Personally appeared before me, the undersigned Notary Public, Rollin M. McCommons who, after being duly sworn, stated under oath that he is the Publisher of The Athens Observer, Inc., a newspaper of general circulation published in the city of Athens, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit, appeared in The Athens Observer, Inc. on December 24, 31 - 1980; January 8, 1981. /s/ R. M. McCommons
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Sworn to and subscribed before me, this 21st day of January, 1981. /s/ Anne Brightwell Notary Public, Georgia, State at Large. My Commission Expires July 19, 1983. (Seal). Approved March 6, 1981. GEORGIA CONTROLLED SUBSTANCES ACT AMENDED. Code Chapter 79A-8 Amended. No. 38 (House Bill No. 139). AN ACT To amend Code Chapter 79A-8, the Georgia Controlled Substances Act, as amended, particularly by an Act approved March 31, 1980 (Ga. Laws 1980, p. 1288), so as to prohibit certain activities relating to drug related objects; to provide for certain factors in determining whether an object or material is intended to be used for any prohibited purpose; to provide for penalties; to provide for the forfeiture of certain objects and materials; to prohibit the use or possession with intent to use certain objects or materials; to provide for penalties; 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 79A-8, the Georgia Controlled Substances Act, as amended, particularly by an Act approved March 31, 1980 (Ga. Laws 1980, p. 1288), is hereby amended by adding immediately
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following Code Section 79A-811.1 a new Code Section 79A-811.2 to read as follows: 79A-811.2. Transactions in drug related objects prohibited. (a) It shall be unlawful for any person or corporation to sell, rent, lease, give, exchange, otherwise distribute, or possess with intent to distribute any object or materials of any kind which aforesaid person or corporation intends to be used for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing,

containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance. (b) Unless stated within the body of the advertisement or notice that the object or materials that are advertised or about which information is disseminated are not available for distribution of any sort in Georgia, it shall be unlawful for any person or corporation to sell, rent, lease, give, exchange, distribute or possess with intent to distribute 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 object or materials may be obtained or made which said person or corporation intends to be used for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance. (c) In determining whether any object or materials are intended for any of the purposes listed in subsections (a) and (b) of this Code section, a court or other authority shall consider all logically relevant factors. In a trial under this Code Section, any evidence admissible on this question under the rules of evidence shall be admitted. Subject to the rules of evidence when they are the object of an offer of proof in a court proceeding, the following factors are among those that should be considered by a court or other authority on this question: (1) Statements by an owner or anyone in control of the object or materials; (2) Instructions provided with the object or materials;
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(3) Descriptive materials accompanying the object or materials; (4) National and local advertising or promotional materials concerning the object or materials; (5) The appearance of, and any writing or other representations appearing on, the object or materials; (6) The manner in which the object or materials are displayed for sale or other distribution; (7) Expert testimony concerning the object or materials; (8) Any written or pictorial materials which are present in the place where the object is located. (d) 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. (e) All objects and materials which are distributed or possessed in violation of this Code section are hereby declared to be contraband and shall be forfeited according to the procedure described in Code Section 79A-828. Section 2. Said Code chapter is further amended by adding immediately following Code Section 79A-811.2 a new Code Section 79A-811.3 to read as follows: 79A-811.3 Possession of drug related objects prohibited. (a) It shall be unlawful for any person to use, or possess with the intent to use, any object or materials of any kind for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance.
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(b) 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. Section 3. Said Code chapter is further amended by adding at the end of subsection (a) of Code Section 79A-828, relating to forfeitures, a new paragraph (7) to read as follows: (7) All objects and materials distributed in violation of Code Section 79A-811.2 or possessed in violation of Code Section 79A-811.3. 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 March 9, 1981.
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SUPPLEMENTAL APPROPRIATIONS ACT. No. 44 (House Bill No. 162). AN ACT To amend an Act providing appropriations for the fiscal year 1980-81, known as the General Appropriations Act, approved April 9, 1980 (Ga. Laws 1980, p. 1799), so as to change certain appropriations for the fiscal year 1980-81; 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 1980-81, known as the General Appropriations Act, approved April 9, 1980 (Ga. Laws 1980, p. 1799), is hereby amended by striking Federal Revenue Sharing Funds of $50,800,000 for fiscal year 1981 in the first paragraph following the enacting clause and substituting in lieu thereof a new Federal Revenue Sharing figure of $26,100,000 for fiscal 1981 and by striking the revenue estimate figure of $2,944,157,270 for fiscal year 1981 in the first paragraph following the enacting clause and substituting in lieu thereof a new revenue estimate of $3,050,000,000 for fiscal year 1981, and by striking the following: PART I. LEGISLATIVE BRANCH, and Sections 1 through 65, and inserting in lieu thereof the following: PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch $ 13,550,000 Operations $ 13,550,000 Total Funds Budgeted $ 13,550,000 State Funds Budgeted $ 13,550,000 Budget Unit Object Classes: Operations $ 13,550,000

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

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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 $ 4,464,009 1. Operations $ 4,114,009

Total Funds Budgeted $ 4,114,009 State Funds Budgeted $ 4,114,009 2. Tax Ratio Study $ 350,000 Total

Funds Budgeted $ 350,000 State Funds Budgeted $ 350,000 Budget Unit Object Classes:

Operations $

4,114,009 Tax Ratio Study $ 350,000 Authorized Motor Vehicles 28 Total Positions Budgeted 147 PART

II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court $ 1,957,531 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 attorney's 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

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Section 4. Superior Courts. Budget Unit: Superior Courts $ 14,764,651 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, $371,016 is designated and committed for the Prosecuting Attorneys' Council for operations and $67,360 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 430

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Section 5. Court of Appeals. Budget Unit: Court of Appeals $ 2,121,527 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 58 Section 6. Administrative Office of the Courts and Judicial Administrative Districts. Budget Unit: Administrative Office of the Courts and Judicial Administrative Districts $ 1,025,100 Administrative Office of the Courts $ 484,734 Institute for Continuing Judicial Education $ 120,000 Judicial Administrative Districts $ 420,366 Total Funds Budgeted $ 1,025,100 State Funds Budgeted $ 1,025,100 Total Positions Budgeted 43

Page 189

For the cost of operating the Administrative Office of the Courts; for the cost of operating the Institute for Continuing Judicial Education; and for the cost of operating the Judicial Administrative Districts. Section 7. Appellate Court Reports. Budget Unit: Court Reports $ 175,000 For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals. Total Positions Budgeted 0 Section 8. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission $ 56,000 For the cost of operating the Judicial Qualifications Commission. Total Positions Budgeted 0 Section 9. Board of Court Reporting. Budget Unit: $ 12,293 For the cost of operating the Board of Court Reporting. Total Positions Budgeted 1 Section 10. Council of Juvenile Court Judges. Budget Unit: $ 87,500 For the cost of operating the Council of Juvenile Court Judges. Total Positions Budgeted 3

Page 190

Section 11. Georgia Justice Courts Training Council. Budget Unit: $ 11,000 For the cost of operating the Georgia

Justice Courts Training Council. Total Positions Budgeted 0 Section 12. Georgia Indigent Defense Council. Budget

Unit: $ 343,805 Central Operations $ 25,000 Grants $ 318,805 Total Funds Budgeted $ 343,805 State Funds

Budgeted $ 343,805 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 $ 35,060,193 1. State Properties Commission Budget: Personal Services $

181,650 Regular Operating Expenses $ 13,500 Travel $ 4,084 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 750 Equipment Purchases $ 700 Computer Charges $ -0- Real Estate Rentals $

12,516 Telecommunications $ 3,810 Per Diem, Fees and Contracts $ 20,000 Total Funds Budgeted $ 237,010

State Funds Budgeted $ 237,010 Total Positions Budgeted 6

2. Departmental Administration Budget:

Personal Services $ 878,812 Regular Operating Expenses $ 33,510 Travel $ 6,135 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 6,500 Equipment Purchases $ 1,875 Computer Charges $ -0-

Real Estate Rentals $ 45,433 Telecommunications $ 17,150 Per Diem, Fees and Contracts $ -0- Direct

Payments to Georgia Building Authority for Capital Outlay $ 6,706,107 Direct Payments to Georgia Building

Authority for Operations $ -0- Direct Payments to Georgia Building Authority for Floyd Buildings Operations $

200,000 Direct Payments to Georgia Building Authority for Authority Lease Rentals $ 850,000 Total Funds

Budgeted $ 8,745,522 State Funds Budgeted $ 8,745,522 Total Positions Budgeted 39

3. Fiscal and Self-

Insurance Administration Budget: Personal Services $ 1,077,678 Regular Operating Expenses $ 61,275 Travel

$ 29,993 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,700 Equipment Purchases $

7,900 Computer Charges $ 4,817,000 Real Estate Rentals $ 54,340 Telecommunications $ 25,190 Per

Diem, Fees and Contracts $ -0- Workers' Compensation $ 3,500,000 State Liability Self-Insurance Reserve $ -0-

Unemployment Compensation Reserve $ 1,900,000 Public Safety Officers Indemnification Fund $ 875,860 Total

Funds Budgeted $ 12,367,936 State Funds Budgeted $ 9,965,402 Total Positions Budgeted 49 4. Central

Supply Services Budget: Personal Services $ 213,268 Regular Operating Expenses $ 135,115 Travel $ 500

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,500 Equipment Purchases $ 1,000

Computer Charges $ -0- Real Estate Rentals $ 56,343 Telecommunications $ 5,070 Per Diem, Fees and

Contracts $ 1,000 Materials for Resale $ 5,120,000 Total Funds Budgeted $ 5,536,796 State Funds Budgeted

$ -0- Total Positions Budgeted 15 5. Procurement Administration Budget: Personal Services $ 1,012,533

Regular Operating Expenses $ 101,154 Travel $ 7,112 Motor Vehicle Equipment Purchases $ -0- Publications

and Printing $ 25,000 Equipment Purchases $ 1,150 Computer Charges $ 205,100 Real Estate Rentals $

56,922 Telecommunications $ 31,830 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,440,801

State Funds Budgeted $ 1,440,801 Total Positions Budgeted 52 6. General Services Administration Budget:

Personal Services $ 200,800 Regular Operating Expenses $ 95,305 Travel $ 818 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 100 Equipment Purchases $ 250 Computer Charges $ -0- Real

Estate Rentals $ 5,254 Telecommunications $ 1,900 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted

$ 304,427 State Funds Budgeted $ 142,909 Total Positions Budgeted 14 7. Property Management

Administration Budget: Personal Services $ 855,310 Regular Operating Expenses $ 281,494 Travel $ 23,915

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,500 Equipment Purchases $ 2,250

Computer Charges $ 29,400 Real Estate Rentals $ 28,383 Telecommunications $ 16,470 Per Diem, Fees and

Contracts $ 14,790 Utilities $ 22,000 Total Funds Budgeted $ 1,284,512 State Funds Budgeted $ 418,549

Total Positions Budgeted 56 8. Data Processing Services Budget: Personal Services $ 13,130,928 Regular

Operating Expenses $ 1,176,947 Travel $ 33,610 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 215,500 Equipment Purchases $ 267,392 Computer Charges $ 190,000 Rents and Maintenance

Expense $ 10,069,885 Real Estate Rentals $ 1,025,978 Telecommunications $ 249,000 Payments to DOAS

Fiscal Administration $ 2,243,396 Per Diem, Fees and Contracts $ 1,138,904 Total Funds Budgeted $ 29,741,540

State Funds Budgeted $ 9,110,000 Total Positions Budgeted 672

9. Motor Pool Services Budget: Personal

Services $ 390,018 Regular Operating Expenses $ 1,069,170 Travel $ 918 Motor Vehicle Equipment

Purchases $ 150,800 Publications and Printing $ 825 Equipment Purchases $ 1,020 Computer Charges $ 8,800

Real Estate Rentals $ 720 Telecommunications $ 5,512 Per Diem, Fees and Contracts $ -0- Total Funds

Budgeted $ 1,627,783 State Funds Budgeted $ -0- Total Positions Budgeted 28

10. Communication

Services Budget: Personal Services $ 1,937,351 Regular Operating Expenses $ 341,742 Travel $ 9,401

Motor Vehicle Equipment Purchases $ 14,200 Publications and Printing $ 47,380 Equipment Purchases $ 31,200

Computer Charges $ 72,682 Real Estate Rentals $ 63,411 Telecommunications $ 460 Per Diem, Fees and

Contracts $ 10,000 Telephone Billings $ 20,248,679 Total Funds Budgeted $ 22,776,506 State Funds

Budgeted $ 5,000,000 Total Positions Budgeted 106

11. Printing Services Budget: Personal Services $

1,232,138 Regular Operating Expenses $ 1,438,821 Travel $ 3,361 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 200 Equipment Purchases $ 19,800 Computer Charges $ 5,692 Real Estate Rentals

$ 131,930 Telecommunications $ 11,750 Materials for Resale $ 50,000 Per Diem, Fees and Contracts $ -0-

Total Funds Budgeted $ 2,893,692 State Funds Budgeted $ -0- Total Positions Budgeted 76

Budget Unit

Object Classes:

Personal Services $ 21,110,486 Regular Operating Expenses $ 4,748,033 Travel $ 119,847

Motor Vehicle Equipment Purchases $ 165,000 Publications and Printing $ 329,955 Equipment Purchases $

334,537 Computer Charges $ 5,328,674 Real Estate Rentals $ 1,481,230 Telecommunications $ 368,142

Per Diem, Fees and Contracts $ 1,184,694 Rents and Maintenance Expense $ 10,069,885 Utilities $ 22,000

Workers' Compensation $ 3,500,000 Payments to DOAS Fiscal Administration $ 2,243,396 Direct Payments to

Georgia Building Authority for Operations $ -0- Direct Payments to Georgia Building Authority for Capital Outlay $

6,706,107 Direct Payments to Georgia Building Authority for Authority Lease Rentals $ 850,000 Direct Payments

to Georgia Building Authority for Floyd Buildings Operations $ 200,000 State Liability Self-Insurance Reserve $ -0-

Telephone Billings $ 20,248,679 Materials for Resale $ 5,170,000 Public Safety Officers Indemnity Fund $

875,860 Unemployment Compensation Reserve $ 1,900,000 Total Positions Budgeted 1,113 Authorized Motor

Vehicles 284

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 $ 304,427 Data Processing Service $ 29,741,540 Motor Pool Service $ 1,627,783 Communication

Services $ 22,776,506 Printing Services $ 2,893,692 Central Supply Services $ 5,536,796 Total $ 62,880,744

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 $ -0- Georgia Building Authority Budget: Personal Services $

7,859,000 Regular Operating Expenses $ 2,086,000 Travel $ 3,200 Motor Vehicle Equipment Purchases $

21,000 Publications and Printing $ 12,000 Equipment Purchases $ 65,000 Computer Charges $ -0- Real

Estate Rentals $ -0- Telecommunications $ 35,900 Per Diem, Fees and Contracts $ 80,000 Capital Outlay $

6,806,107 Authority Lease Rentals $ 1,203,371 Utilities $ 3,620,000 Facilities Renovations and Repairs $ -0-

Total Funds Budgeted $ 21,791,578 State Funds Budgeted $ -0- Total Positions Budgeted 419

Budget

Unit Object Classes:

Personal Services $ 7,859,000 Regular Operating Expenses $ 2,086,000 Travel $

3,200 Motor Vehicle Equipment Purchases $ 21,000 Publications and Printing $ 12,000 Equipment Purchases

$ 65,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 35,900 Per Diem, Fees

and Contracts $ 80,000 Capital Outlay $ 6,806,107 Authority Lease Rentals $ 1,203,371 Utilities $ 3,620,000

Facilities Renovations and Repairs $ -0- Total Positions Budgeted 419 Authorized Motor Vehicles 39

Page 198

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 $ 20,273,493 1. Plant Industry Budget:

Personal Services $ 2,913,402 Regular Operating Expenses $ 336,265 Travel $ 127,273 Motor Vehicle

Equipment Purchases $ 35,800 Publications and Printing $ 23,000 Equipment Purchases $ 55,575 Computer

Charges $ -0- Real Estate Rentals $ 1,980 Telecommunications $ 29,422 Per Diem, Fees and Contracts $ 400

Total Funds Budgeted $ 3,523,117 State Funds Budgeted $ 3,358,117 Total Positions Budgeted 177

2.

Animal Industry Budget: Personal Services $ 974,556 Regular Operating Expenses $ 108,514 Travel $

32,911 Motor Vehicle Equipment Purchases $ 23,200 Publications and Printing $ 8,950 Equipment Purchases

$ 4,575 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 37,900 Per Diem, Fees

and Contracts $ 75,000 Athens Veterinary Laboratory Contract $ 368,836 Tifton Veterinary Laboratory Contract

$ 659,023 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston, Statesboro and

Tifton $ 787,000 Veterinary Fees $ 525,000 Research Contract with Georgia Institute of Technology $ 240,000

Contract with University of Georgia to Study Avian Disease $ 215,938 Indemnities $ 75,000 Capital Outlay $ -0-

Total Funds Budgeted $ 4,136,403 State Funds Budgeted $ 3,811,407 Total Positions Budgeted 55

3.

Marketing Budget: Personal Services $ 738,125 Regular Operating Expenses $ 117,164 Travel $ 39,834

Motor Vehicle Equipment Purchases $ 11,600 Publications and Printing $ 9,000 Equipment Purchases $ 2,925

Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 33,306 Per Diem, Fees and Contracts

$ 30,750 Advertising $ 55,000 Total Funds Budgeted $ 1,037,704 State Funds Budgeted $ 1,037,704 Total

Positions Budgeted 40 4. Major Markets Budget: Personal Services $ 1,647,629 Regular Operating Expenses

$ 680,335 Travel $ 16,212 Motor Vehicle Equipment Purchases $ 15,000 Publications and Printing $ 7,750

Equipment Purchases $ 15,325 Computer Charges $ -0- Real Estate Rentals -0- Telecommunications $ 26,516

Advertising $ 35,000 Per Diem, Fees and Contracts $ 17,250 Major Repairs and Maintenance Projects at Major

and Minor Markets $ 200,000 Total Funds Budgeted $ 2,661,017 State Funds Budgeted $ 411,017 Total

Positions Budgeted 116 5. General Agricultural Field Forces Budget: Personal Services $ 1,769,592 Regular

Operating Expenses $ 116,441 Travel $ 179,137 Motor Vehicle Equipment Purchases $ 40,900 Publications

and Printing $ 1,800 Equipment Purchases $ 3,825 Computer Charges $ -0- Real Estate Rentals $ 3,600

Telecommunications $ 16,850 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 2,132,145 State

Funds Budgeted $ 2,132,145 Total Positions Budgeted 115 6. Internal Administration Budget: Personal

Services $ 1,036,235 Regular Operating Expenses $ 118,012 Travel $ 26,749 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 4,441 Computer Charges $

325,311 Real Estate Rentals $ 512,296 Telecommunications $ 32,154 Per Diem, Fees and Contracts $ 140,000

Total Funds Budgeted $ 2,207,198 State Funds Budgeted $ 2,176,008 Total Positions Budgeted 54 7.

Information and Education Budget: Personal Services $ 130,334 Regular Operating Expenses $ 10,325 Travel

$ 1,158 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 308,000 Equipment Purchases $

1,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,500 Per Diem, Fees and

Contracts $ -0- Market Bulletin Postage $ 362,400 Total Funds Budgeted $ 818,717 State Funds Budgeted $

818,717 Total Positions Budgeted 9 8. Fuel and Measures Standards Budget: Personal Services $ 1,106,967

Regular Operating Expenses $ 193,162 Travel $ 97,269 Motor Vehicle Equipment Purchases $ 96,600

Publications and Printing $ 5,500 Equipment Purchases $ 78,750 Computer Charges $ -0- Real Estate Rentals

$ -0- Telecommunications $ 13,410 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,591,658

State Funds Budgeted $ 1,589,158 Total Positions Budgeted 73 9. Consumer Services Budget: Personal

Services $ 553,156 Regular Operating Expenses $ 74,660 Travel $ 12,738 Motor Vehicle Equipment

Purchases $ 11,600 Publications and Printing $ 4,200 Equipment Purchases $ 1,725 Computer Charges $ -0-

Real Estate Rentals $ -0- Telecommunications $ 16,038 Per Diem, Fees and Contracts $ 1,500 Total Funds

Budgeted $ 675,617 State Funds Budgeted $ 675,617 Total Positions Budgeted 30 10. Consumer Protection

Field Forces Budget: Personal Services $ 2,586,288 Regular Operating Expenses $ 116,082 Travel $ 138,760

Motor Vehicle Equipment Purchases $ 52,200 Publications and Printing $ 7,000 Equipment Purchases $ 4,984

Computer Charges $ -0- Real Estate Rentals $ 5,520 Telecommunications $ 25,689 Per Diem, Fees and

Contracts $ -0- Total Funds Budgeted $ 2,936,523 State Funds Budgeted $ 2,330,908 Total Positions Budgeted

140 11. Meat Inspection Budget: Personal Services $ 2,334,310 Regular Operating Expenses $ 72,040

Travel $ 193,208 Motor Vehicle Equipment Purchases $ 40,600 Publications and Printing $ 2,600 Equipment

Purchases $ 1,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 17,927 Per

Diem, Fees and Contracts $ 90,000 Total Funds Budgeted $ 2,751,685 State Funds Budgeted $ 1,140,830

Total Positions Budgeted 131 12. Fire Ant Control Budget: Personal Services $ 60,000 Regular Operating

Expenses $ 5,000 Travel $ 30,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $

5,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $

-0- Per Diem, Fees and Contracts $ -0- Purchase of Bait and Airplane Contracts $ 450,000 Total Funds

Budgeted $ 550,000 State Funds Budgeted $ 550,000 Total Positions Budgeted 0 13. Georgia Agrirama

Development Authority Budget: Direct Payments to Georgia Agrirama Development Authority for Operations $

241,865 Total Funds Budgeted $ 241,865 State Funds Budgeted $ 241,865 Total Positions Budgeted 0 14.

Seed Technology and Development Personal Services $ 154,007 Regular Operating Expenses $ 3,100 Travel

$ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 200 Equipment Purchases $ -0-

Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $

-0- Total Funds Budgeted $ 157,307 State Funds Budgeted $ -0- Total Positions Budgeted 8 Budget Unit

Object Classes:

Personal Services $ 16,004,601 Regular Operating Expenses $ 1,951,100 Travel $ 895,249

Motor Vehicle Equipment Purchases $ 327,500 Publications and Printing $ 395,000 Equipment Purchases $

174,125 Computer Charges $ 325,311 Real Estate Rentals $ 523,396 Telecommunications $ 254,712 Per

Diem, Fees and Contracts $ 354,900 Market Bulletin Postage $ 362,400 Purchase of Bait and Airplane Contracts

$ 450,000 Athens Veterinary Laboratory Contract $ 368,836 Tifton Veterinary Laboratory Contract $ 659,023

Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston Statesboro and Tifton $

787,000 Veterinary Fees $ 525,000 Research Contract with Georgia Institute of Technology $ 240,000 Contract

with University of Georgia to Study Avian Disease $ 215,938 Indemnities $ 75,000 Advertising Contract $

90,000 Direct Payments to Georgia Agrirama Development Authority for Operations $ 241,865 Repairs to Major

and Minor Markets $ 200,000 Capital Outlay $ -0- Total Positions Budgeted 948 Authorized Motor Vehicles

247 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 $ -0-

Georgia Agrirama Development Authority Budget: Personal Services $ 424,281 Regular Operating Expenses $

105,453 Travel $ 13,329 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 19,475

Equipment Purchases $ 9,175 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,600

Per Diem, Fees and Contracts $ 65,566 Capital Outlay $ 144,850 Goods for Resale $ 75,010 Sales Tax $

8,600 Total Funds Budgeted $ 870,339 State Funds Budgeted $ -0- Total Positions Budgeted 29

Budget Unit Object Classes:

Personal Services $ 424,281 Regular Operating Expenses $ 105,453 Travel $

13,329 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 19,475 Equipment Purchases $

9,175 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,600 Per Diem, Fees and

Contracts $ 65,566 Capital Outlay $ 144,850 Sales Tax $ 8,600 Goods for Resale $ 75,010 Total Positions

Budgeted 29 Authorized Motor Vehicles 5

Page 206

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 $ 2,659,007 Administration and Examination Budget: Personal Services $ 2,108,049

Regular Operating Expenses $ 107,225 Travel $ 261,643 Motor Vehicle Equipment Purchases $ 52,220

Publications and Printing $ 16,981 Equipment Purchases $ 5,727 Computer Charges $ 16,266 Real Estate Rentals

$ 59,836 Telecommunications $ 21,560 Per Diem, Fees and Contracts $ 17,000 Total Funds Budgeted $ 2,666,507

State Funds Budgeted $ 2,659,007 Total Positions Budgeted 95

Budget Unit Object Classes: Personal

Services $ 2,108,049 Regular Operating Expenses $ 107,225 Travel $ 261,643 Motor Vehicle Equipment

Purchases $ 52,220 Publications and Printing $ 16,981 Equipment Purchases $ 5,727 Computer Charges $ 16,266

Real Estate Rentals $ 59,836 Telecommunications $ 21,560 Per Diem, Fees and Contracts $ 17,000 Total

Positions Budgeted 95 Authorized Motor Vehicles 21 Section 16. Department of Community Affairs. A. Budget

Unit: Department of Community Affairs $ 3,634,853 1. Executive: Personal Services $ 155,740 Regular

Operating Expenses $ 8,216 Travel $ 9,746 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 2,600 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0-

Telecommunications $ 5,700 Per Diem, Fees and Contracts $ 7,000 Capital Felony Expenses $ 50,000

Payments to Georgia Residential Finance Authority $ -0- Local Assistance Grants $ 200,000 Total Funds

Budgeted $ 439,002 State Funds Budgeted $ 411,952 Total Positions Budgeted 6 2. Administration:

Personal Services $ 248,694 Regular Operating Expenses $ 27,018 Travel $ 1,500 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 4,350 Equipment Purchases $ 700 Computer Charges $ -0-

Real Estate Rentals $ 48,419 Per Diem, Fees and Contracts $ 300 Telecommunications $ 2,300 Total Funds

Budgeted $ 333,281 State Funds Budgeted $ 268,029 Total Positions Budgeted 11 3. Technical Assistance:

Personal Services $ 507,500 Regular Operating Expenses $ 20,260 Travel $ 34,419 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 10,600 Equipment Purchases $ 1,560 Computer Charges $ 2,800

Real Estate Rentals $ 29,340 Telecommunications $ 18,071 Per Diem, Fees and Contracts $ 23,580 Total

Funds Budgeted $ 648,130 State Funds Budgeted $ 538,910 Total Positions Budgeted 22

4. Planning and

Programming: Personal Services $ 865,273 Regular Operating Expenses $ 24,397 Travel $ 47,904 Motor

Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,863 Equipment Purchases $ 300 Computer

Charges $ 4,340 Real Estate Rentals $ 15,781 Telecommunications $ 19,100 Per Diem, Fees and Contracts $

7,460 Grants to Area Planning and Development Commissions $ 1,350,000 HUD 701 Planning Grants $ 720,362

Appalachian Regional Commission Assessment $ 166,274 Coastal Plains Regional Commission Assessment $ 53,750

Total Funds Budgeted $ 3,282,804 State Funds Budgeted $ 2,102,983 Total Positions Budgeted 38

5.

Community Betterment: Personal Services $ 210,764 Regular Operating Expenses $ 14,067 Travel $ 15,814

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,737 Equipment Purchases $ -0-

Computer Charges $ -0- Real Estate Rentals $ 17,188 Telecommunications $ 11,943 Per Diem, Fees and

Contracts $ 13,620 Total Funds Budgeted $ 291,133 State Funds Budgeted $ 281,133 Total Positions

Budgeted 11

6. Juvenile Justice Budget: Personal Services $ 9,989 Regular Operating Expenses $ 1,374

Travel $ 1,846 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 250 Equipment

Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 893 Telecommunications $ 375 Per Diem,

Fees and Contracts $ 1,000 Total Funds Budgeted $ 15,727 State Funds Budgeted $ 7,864 Total Positions

Budgeted 3

7. Financial Management and Audits Budget: Personal Services $ 32,548 Regular Operating

Expenses $ 5,744 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000

Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 2,233 Telecommunications $ 938

Per Diem, Fees and Contracts $ 1,500 Total Funds Budgeted $ 47,963 State Funds Budgeted $ 23,982 Total

Positions Budgeted 5

Budget Unit Object Classes:

Personal Services $ 2,030,508 Regular Operating

Expenses $ 101,076 Travel $ 114,229 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $

35,400 Equipment Purchases $ 2,560 Computer Charges $ 7,140 Real Estate Rentals $ 113,854

Telecommunications $ 58,427 Per Diem, Fees and Contracts $ 54,460 Capital Felony Expenses $ 50,000

Grants to Area Planning and Development Commissions $ 1,350,000 HUD 701 Planning Grants $ 720,362 Local

Assistance Grants $ 200,000 Appalachian Regional Commission Assessment $ 166,274 Coastal Plains Regional

Commission Assessment $ 53,750 Payments to Georgia Residential Finance Authority $ -0- Total Positions

Budgeted 96 Authorized Motor Vehicles 4 Provided that of the above appropriations $10,000 is designated and

committed for The Multi State Transportation Board. B. Budget Unit: State Crime Commission $ 260,439 1. State

Crime Commission Planning and Grant Administration Budget: Personal Services $ 544,007 Regular Operating

Expenses $ 16,027 Travel $ 14,946 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $

7,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 32,966

Telecommunications $ 12,488 Per Diem, Fees and Contracts $ 90,743 Total Funds Budgeted $ 718,177 State

Funds Budgeted $ 222,105 Total Positions Budgeted 21

2. LEAA Grants Budget: LEAA State Buy In -

Carry Forward $ -0- LEAA Juvenile Justice $ 1,500,000 LEAA Action Local $ 4,550,000 LEAA Action State

$ 1,950,000 LEAA Planning $ 352,778 Total Funds Budgeted $ 8,352,778 State Funds Budgeted $ 2,778

Total Positions Budgeted 0

3. Juvenile Justice Budget: Personal Services $ 80,879 Regular Operating

Expenses $ 1,246 Travel $ 1,154 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0-

Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 2,620 Telecommunications $ 1,125

Per Diem, Fees and Contracts $ 5,000 Total Funds Budgeted $ 92,024 State Funds Budgeted $ 35,556 Total

Positions Budgeted 1

Budget Unit Object Classes:

Personal Services $ 624,886 Regular Operating

Expenses $ 17,273 Travel $ 16,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $

7,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 35,586

Telecommunications $ 13,613 Per Diem, Fees and Contracts $ 95,743 LEAA Action Local $ 4,550,000 LEAA

Action State $ 1,950,000 LEAA Planning $ 352,778 LEAA Juvenile Justice $ 1,500,000 LEAA State Buy In -

Carry Forward $ -0- Total Positions Budgeted 22 Authorized Motor Vehicles 0 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.

C. Budget Unit: Georgia Residential

Finance Authority $ -0- Georgia Residential Finance Authority Budget: Personal Services $ 905,970 Regular

Operating Expenses $ 109,480 Travel $ 67,300 Motor Vehicle Equipment Purchases $ 56,250 Publications and

Printing $ 28,000 Equipment Purchases $ 23,750 Computer Charges $ 11,000 Real Estate Rentals $ 87,959

Telecommunications $ 45,700 Per Diem, Fees and Contracts $ 180,671 Rental Assistance Payments $ 7,671,000

Grants to Housing Sponsors $ 275,000 Total Funds Budgeted $ 9,462,080 State Funds Budgeted $ -0- Total

Positions Budgeted 53 Authorized Motor Vehicles 23

Budget Unit Object Classes:

Personal Services $

905,970 Regular Operating Expenses $ 109,480 Travel $ 67,300 Motor Vehicle Equipment Purchases $ 56,250

Publications and Printing $ 28,000 Equipment Purchases $ 23,750 Computer Charges $ 11,000 Real Estate

Rentals $ 87,959 Telecommunications $ 45,700 Per Diem, Fees and Contracts $ 180,671 Rental Assistance

Payments $ 7,671,000 Grants to Housing Sponsors $ 275,000 Total Positions Budgeted 53 Authorized Motor

Vehicles 23

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Provided that the Georgia Residential Finance Authority is authorized to initiate the Family Farm Program from existing funds. Section 17. Office of Comptroller General. Budget Unit: Office of Comptroller General $ 4,561,919 1. Internal Administration Budget: Personal Services $ 419,101 Regular Operating Expenses $ 65,108 Travel $ 4,839 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,200 Equipment Purchases $ 800 Computer Charges $ 11,000 Real Estate Rentals $ -0- Telecommunications $ 13,203 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 521,251 State Funds Budgeted $ 509,254 Total Positions Budgeted 21 2. Insurance Regulation Budget: Personal Services $ 820,165 Regular Operating Expenses $ 32,425 Travel $ 5,377 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 34,050 Equipment Purchases $ 3,200 Computer Charges $ 78,700 Real Estate Rentals $ 20,195 Telecommunications $ 25,000 Per Diem, Fees and Contracts $ 5,000 Computer Equipment and Feasibility Study $ -0- Total Funds Budgeted $ 1,024,112 State Funds Budgeted $ 1,024,112 Total Positions Budgeted 45 3. Industrial Loans Regulation Budget: Personal Services $ 303,081 Regular Operating Expenses $ 19,693 Travel $ 15,592 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,780 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 348,146 State Funds Budgeted $ 348,146 Total Positions Budgeted 14 4. Information and Enforcement Budget: Personal Services $ 739,179 Regular Operating Expenses $ 39,409 Travel $ 18,705 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,400 Equipment Purchases $ 1,876 Computer Charges $ -0Real Estate Rentals $ 21,753 Telecommunications $ 20,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 844,322 State Funds Budgeted $ 844,322 Total Positions Budgeted 44 5. Fire Safety and Mobile Home Regulation Budget: Personal Services $ 1,839,302 Regular Operating Expenses $ 89,187 Travel $ 126,465 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 16,500 Equipment Purchases $ 5,341 Computer Charges $ 6,616 Real Estate Rentals $ 36,844 Telecommunications $ 25,630 Per Diem,

Fees and Contracts $ 18,000 Total Funds Budgeted $ 2,163,885 State Funds Budgeted $ 1,836,085 Total

Positions Budgeted 103

Budget Unit Object Classes:

Personal Services $ 4,120,828 Regular Operating

Expenses $ 245,822 Travel $ 170,978 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $

66,150 Equipment Purchases $ 11,217 Computer Charges $ 96,316 Real Estate Rentals $ 78,792

Telecommunications $ 88,613 Computer Equipment and Feasibility Study $ -0- Per Diem, Fees and Contracts $

23,000 Total Positions Budgeted 227 Authorized Motor Vehicles 57

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Section 18. Department of Defense. Budget Unit: Department of Defense $ 2,299,802 1. Administration and

Support of State Militia Budget: Personal Services $ 727,098 Regular Operating Expenses $ 71,530 Travel $

3,000 Motor Vehicle Equipment Purchases $ 9,000 Publications and Printing $ 18,700 Equipment Purchases $

300 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 21,000 Per Diem, Fees and

Contracts $ 18,500 Military Assistance to Safety and Traffic Grant $ -0- Georgia Military Institute Grant $ 18,000

Civil Air Patrol Contract $ 40,000 Capital Outlay $ -0- Total Funds Budgeted $ 927,128 State Funds Budgeted

$ 906,856 Total Positions Budgeted 36 2. Civil Defense Budget: Personal Services $ 681,853 Regular

Operating Expenses $ 83,229 Travel $ 16,500 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 4,365 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0-

Telecommunications $ 24,000 Per Diem, Fees and Contracts $ 15,000 Total Funds Budgeted $ 824,947 State

Funds Budgeted $ 441,226 Total Positions Budgeted 32

3. Construction and Facilities Maintenance Budget:

Personal Services $ 99,190 Regular Operating Expenses $ 103,925 Travel $ 2,400 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 9,000 Computer Charges $ -0- Real

Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 2,500 Grants to National Guard

Units $ 300,000 Capital Outlay $ 113,900 Total Funds Budgeted $ 630,915 State Funds Budgeted $ 630,915

Total Positions Budgeted 5

4. Disaster Preparedness and Recovery Budget: Personal Services $ 199,768

Regular Operating Expenses $ 8,897 Travel $ 14,750 Motor Vehicle Equipment Purchases $ -0- Publications

and Printing $ 2,500 Equipment Purchases $ 1,300 Computer Charges $ -0- Real Estate Rentals $ 4,560

Telecommunications $ 3,050 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 234,825 State Funds

Budgeted $ 10,537 Total Positions Budgeted 10 5. Service Contracts Budget: Personal Services $ 1,693,479

Regular Operating Expenses $ 1,336,515 Travel $ 2,025 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0-

Telecommunications $ 2,100 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 3,034,119 State

Funds Budgeted $ 310,268 Total Positions Budgeted 116

Budget Unit Object Classes : Personal

Services $ 3,401,388 Regular Operating Expenses $ 1,604,096 Travel $ 38,675 Motor Vehicle Equipment

Purchases $ 9,000 Publications and Printing $ 25,565 Equipment Purchases $ 10,600 Computer Charges $ -0-

Real Estate Rentals $ 4,560 Telecommunications $ 50,150 Per Diem, Fees and Contracts $ 36,000 Military

Assistance to Safety and Traffic Grant $ -0- National Guard Units Grants $ 300,000 Georgia Military Institute

Grant $ 18,000 Civil Air Patrol Contract $ 40,000 Capital Outlay $ 113,900 Total Positions Budgeted 199

Authorized Motor Vehicles 20

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Section 19. State Board of Education - Department of Education. A. Budget Unit: Department of Education $1,199,891,267 1. Instructional Services Budget: Personal Services $ 2,638,010 Regular Operating Expenses $ 136,981 Travel $ 223,022 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 134,734 Equipment Purchases $ 9,548 Real Estate Rentals $ 135,923 Telecommunications $ 87,169 Per Diem, Fees and Contracts $ 335,056 Utilities $ 7,680 Total Funds Budgeted $ 3,708,123 State Funds Budgeted $ 1,702,136 Total Positions Budgeted 122 2. Governor's Honors Program Budget: Personal Services $ 252,900 Regular Operating Expenses $ 34,511 Travel $ 3,063 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,600 Equipment Purchases $ 1,000 Real Estate Rentals $ 2,877 Telecommunications $ 4,550 Per Diem, Fees and Contracts $ 329,505 Total Funds Budgeted $ 630,006 State Funds Budgeted $ 629,935 Total Positions Budgeted 2 3. Vocational Education Budget: Personal Services $ 2,612,694 Regular Operating Expenses $ 209,641 Travel $ 226,493 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 82,672 Equipment Purchases $ 15,740 Real Estate Rentals $ 128,079 Telecommunications $ 77,171 Per Diem, Fees and Contracts $ 2,060,363 Utilities $ 8,684 Total Funds Budgeted $ 5,421,537 State Funds Budgeted $ 1,842,940 Total Positions Budgeted 115 4. Media Services Budget: Personal Services $ 3,070,141

Regular Operating Expenses $ 2,185,791 Travel $ 69,334 Motor Vehicle Equipment Purchases $ 1,183

Publications and Printing $ 174,372 Equipment Purchases $ 31,417 Real Estate Rentals $ 12,228

Telecommunications $ 69,783 Per Diem, Fees and Contracts $ 190,714 Utilities $ 310,667 Capital Outlay $

-0- Total Funds Budgeted $ 6,115,630 State Funds Budgeted $ 5,017,347 Total Positions Budgeted 180 5.

Public Library Services Budget: Personal Services $ 796,450 Regular Operating Expenses $ 339,011 Travel $

19,773 Publications and Printing $ 12,100 Equipment Purchases $ 18,286 Real Estate Rentals $ 122,981

Telecommunications $ 34,684 Per Diem, Fees and Contracts $ 92,690 Utilities $ 8,400 Total Funds Budgeted

$ 1,444,375 State Funds Budgeted $ 784,398 Total Positions Budgeted 52 6. State Administration Budget:

Personal Services $ 947,202 Regular Operating Expenses $ 84,513 Travel $ 46,798 Motor Vehicle Equipment

Purchases $ 7,000 Publications and Printing $ 26,850 Equipment Purchases $ 13,700 Real Estate Rentals $

85,989 Telecommunications $ 52,203 Per Diem, Fees and Contracts $ 204,198 Total Funds Budgeted $

1,468,453 State Funds Budgeted $ 1,119,643 Total Positions Budgeted 40

7. Administrative Services

Budget: Personal Services $ 4,301,902 Regular Operating Expenses $ 207,584 Travel $ 356,435 Motor

Vehicle Equipment Purchases $ -0- Publications and Printing $ 203,083 Equipment Purchases $ 43,883

Computer Charges $ 851,528 Real Estate Rentals $ 254,848 Telecommunications $ 107,248 Per Diem, Fees

and Contracts $ 132,969 Utilities $ 7,575 Total Funds Budgeted $ 6,467,055 Indirect DOAS Services Funding

$ 130,000 State Funds Budgeted $ 3,994,006 Total Positions Budgeted 220

8. Certification of Public

School Personnel Budget: Personal Services $ 464,255 Regular Operating Expenses $ 22,331 Travel $ 1,727

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,167 Equipment Purchases $ 2,305

Computer Charges $ -0- Real Estate Rentals $ 30,480 Telecommunications $ 12,600 Per Diem, Fees and

Contracts $ 2,100 Total Funds Budgeted $ 543,965 State Funds Budgeted $ 517,372 Total Positions Budgeted

31

9. Planning and Development Budget: Personal Services $ 2,014,663 Regular Operating Expenses $

96,217 Travel $ 134,255 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 109,116

Equipment Purchases $ 3,385 Real Estate Rentals $ 101,519 Telecommunications $ 55,614 Per Diem, Fees

and Contracts $ 1,076,481 Total Funds Budgeted $ 3,591,250 State Funds Budgeted $ 2,606,285 Total

Positions Budgeted 88

10. Professional Standards Commission Budget: Personal Services $ 45,443

Regular Operating Expenses $ 6,371 Travel $ 1,200 Publications and Printing $ 5,000 Equipment Purchases $

300 Real Estate Rentals $ 4,284 Telecommunications $ 2,121 Per Diem, Fees and Contracts $ 67,000 Total

Funds Budgeted $ 131,719 State Funds Budgeted $ 131,719 Total Positions Budgeted 2

11. Local

Programs Budget: APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $ 485,889,372

Salaries of Instructional Personnel (Sec. 5) $ 78,308,588 Salaries of Instructional Personnel (Sec. 7) $ 17,802,465

Salaries of Student Supportive Personnel (Sec. 20 (a)) $ 21,327,987 Salaries of Administrative and Supervisory

Personnel (Sec. 21) $ 58,283,500 Special Education Leadership Personnel (Sec. 21(c) (2)) $ 2,247,245

Instructional Media (Sec. 13) $ 17,475,263 Instructional Equipment (Sec. 14) $ 691,228 Maintenance and

Operation (Sec. 15) $ 79,476,429 Sick and Personal Leave (Sec. 16) $ 5,461,020 Travel (Sec. 17) $ 921,637

Pupil Transportation - Regular (Sec. 25) $ 52,553,249 Pupil Transportation - Kindergarten (Sec. 25) $ 2,552,437

Pupil Transportation - Special (Sec. 25) $ 5,943,696 Isolated Schools $ 312,052 Mid-Term Adjustment $ -0-

Non-APEG Grants: Education of Children of Low-Income Families $ 92,478,129 Driver Education $ -0- Teacher

Retirement $ 78,780,898 Instructional Services for the Handicapped $ 19,036,142 Preparation of Professional

Personnel in Education of Handicapped Children $ 75,000 Educational Training Services for the Mentally Retarded $

-0- Tuition for the Multihandicapped $ 722,000 Severely Emotionally Disturbed $ 13,459,271 Compensatory

Education $ 12,746,747 Guidance, Counseling and Testing $ -0- School Library Resources and Other Materials $

3,894,615 School Lunch (Federal) $ 125,606,750 School Lunch (State) $ 14,800,000 Supplementary Education

Centers and Services $ 3,436,571 Staff Development $ 988,000 Supervision and Assessment of Students and

Beginning Teachers and Performance Based Certification $ 2,819,000 Cooperative Educational Service Agencies $

3,419,385 Superintendents' Salaries $ 4,190,514 High School Program $ 25,589,941 Area Vocational-

Technical Schools $ 43,287,197 Career Education $ 263,921 Junior College Vocational Program $ 1,172,964

Quick Start Program $ 2,723,956 Comprehensive Employment and Training $ 5,650,000 Vocational Research and

Curriculum $ 881,895 Adult Education $ 3,785,229 Salaries and Travel of Public Librarians $ 3,746,467

Public Library Materials $ 3,484,443 Talking Book Centers $ 638,495 Public Library Maintenance and Operation

$ 2,171,600 Public Library Construction $ 3,811,836 Comprehensive Planning $ -0- Competency-Based High

School Graduation Requirements $ 260,000 Vocational Special Disadvantaged $ -0- Instructional Aides $

8,539,454 Teacher Health Insurance $ 31,307,997 Special Projects $ 40,789 Nutritional Education $ 270,000

Regional ITV Projects $ 100,000 Basic Skills $ 55,263 Capital Outlay (under 32-648a) $ 18,000,000 Grants to

Local School Systems for Educational Purposes (Act 562) $ 75,000,000 Indo-Chinese Refugee $ 30,924 Salaries

of Extended Pre-School Personnel $ 7,554,477 Area Vocational Technical School Construction $ 10,995,000

Total Funds Budgeted $1,455,061,038 State Funds Budgeted $1,181,545,486 Total Positions Budgeted 0

Budget Unit Object Classes:

Personal Services $ 17,143,660 Regular Operating Expenses $ 3,322,951

Travel $ 1,082,100 Motor Vehicle Equipment Purchases $ 8,183 Publications and Printing $ 757,694

Equipment Purchases $ 139,564 Computer Charges $ 851,528 Real Estate Rentals $ 879,208

Telecommunications $ 503,143 Per Diem, Fees and Contracts $ 4,491,076 Utilities $ 343,006 Capital Outlay

$ -0- APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $ 485,889,372 Salaries of

Instructional Personnel (Sec. 5) $ 78,308,588 Salaries of Instructional Personnel (Sec. 7) $ 17,802,465 Salaries of

Student Supportive Personnel (Sec. 20 (a)) $ 21,327,987 Salaries of Administrative and Supervisory Personnel (Sec.

21) $ 58,283,500 Special Education Leadership Personnel (Sec. 21(c) (2)) $ 2,247,245 Instructional Media (Sec.

13) $ 17,475,263 Instructional Equipment (Sec. 14) $ 691,228 Maintenance and Operation (Sec. 15) $ 79,476,429

Sick and Personal Leave (Sec. 16) $ 5,461,020 Travel (Sec. 17) $ 921,637 Instructional Specialists $ -0- Pupil

Transportation - Regular (Sec. 25) $ 52,553,249 Pupil Transportation - Kindergarten (Sec. 25) $ 2,552,437 Pupil

Transportation - Special (Sec. 25) $ 5,943,696 Isolated Schools $ 312,052 Mid-Term Adjustment $ -0- Non-

APEG Grants: Education of Children of Low-Income Families $ 92,478,129 Driver Education $ -0- Teacher

Retirement $ 78,780,898 Instructional Services for the Handicapped $ 19,036,142 Preparation of Professional

Personnel in Education of Handicapped Children $ 75,000 Educational Training Services for the Mentally Retarded $

-0- Tuition for the Multihandicapped $ 722,000 Severely Emotionally Disturbed $ 13,459,271 Compensatory

Education $ 12,746,747 Guidance Counseling and Testing $ -0- School Library Resources and Other Materials $

3,894,615 School Lunch (Fed.) $ 125,606,750 School Lunch (State) $ 14,800,000 Supplementary Education

Centers and Services $ 3,436,571 Staff Development $ 988,000 Supervision and Assessment of Students and

Beginning Teachers and Performance Based Certification $ 2,819,000 Cooperative Educational Service Areas $

3,419,385 Superintendents Salaries $ 4,190,514 High School Program $ 25,589,941 Area School Program $

43,287,197 Career Education $ 263,921 Junior College Program $ 1,172,964 Quick Start $ 2,723,956

Comprehensive Employment and Training $ 5,650,000 Vocational Research and Curriculum $ 881,895 Adult

Education $ 3,785,229 Salaries and Travel of Public Librarians $ 3,746,467 Public Library Materials $ 3,484,443

Talking Book Centers $ 638,495 Public Library M O $ 2,171,600 Public Library Construction $ 3,811,836

Comprehensive Planning $ -0- Competency-Based High School Graduation Requirements $ 260,000 Vocational

Special Disadvantaged $ -0- Instructional Aides $ 8,539,454 Teacher Health Insurance $ 31,307,997 Special

Projects $ 40,789 Nutritional Education $ 270,000 Regional ITV Projects $ 100,000 Basic Skills $ 55,263

Capital Outlay (under 32-648a) $ 18,000,000 Grants to Local School Systems for Educational Purposes (Act 562) $

75,000,000 Indo-Chinese Refugee $ 30,924 Salaries of Extended Pre-School Personnel $ 7,554,477 Area Vo-

Tech School Construction $ 10,995,000 Total Positions Budgeted 852 Authorized Motor Vehicles 17 B.

Budget Unit: Institutions $ 12,505,158 1. Georgia Academy for the Blind Budget: Personal Services $ 2,095,646

Regular Operating Expenses $ 285,902 Travel $ 6,161 Motor Vehicle Equipment Purchases $ -0- Publications

and Printing $ 3,200 Equipment Purchases $ 230,561 Telecommunications $ 14,512 Per Diem, Fees and

Contracts $ 7,254 Utilities $ 152,965 Capital Outlay $ -0- Total Funds Budgeted $ 2,796,201 State Funds

Budgeted $ 2,503,218 Total Positions Budgeted 153

2. Georgia School for the Deaf Budget: Personal

Services $ 3,744,115 Regular Operating Expenses $ 517,800 Travel $ 9,869 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 200 Equipment Purchases $ 90,378 Telecommunications $ 15,872

Per Diem, Fees and Contracts $ 35,388 Utilities $ 267,192 Capital Outlay $ -0- Total Funds Budgeted $

4,680,814 State Funds Budgeted $ 4,207,466 Total Positions Budgeted 272

3. Atlanta Area School for the

Deaf Budget: Personal Services $ 1,406,340 Regular Operating Expenses $ 211,403 Travel $ 6,300 Motor

Vehicle Equipment Purchases $ 7,500 Publications and Printing $ 3,500 Equipment Purchases $ 39,931

Telecommunications $ 14,348 Per Diem, Fees and Contracts $ 12,532 Utilities $ 89,022 Capital Outlay $ -0-

Total Funds Budgeted $ 1,790,876 State Funds Budgeted $ 1,579,424 Total Positions Budgeted 90

4.

North Georgia Vocational-Technical School Budget: Personal Services $ 2,107,036 Regular Operating Expenses

$ 601,436 Travel $ 21,570 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,780

Equipment Purchases $ 107,608 Telecommunications $ 14,980 Per Diem, Fees and Contracts $ 2,690 Utilities

$ 242,281 Capital Outlay $ 4,500 Total Funds Budgeted $ 3,107,881 State Funds Budgeted $ 2,095,660

Total Positions Budgeted 108

5. South Georgia Vocational-Technical School Budget: Personal Services $

1,740,736 Regular Operating Expenses $ 567,682 Travel $ 17,347 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 3,878 Equipment Purchases $ 86,550 Telecommunications $ 15,587 Per Diem,

Fees and Contracts $ 4,110 Utilities $ 226,417 Capital Outlay $ 150,000 Total Funds Budgeted $ 2,812,307

State Funds Budgeted $ 2,119,390 Total Positions Budgeted 97

Budget Unit Object Classes:

Personal

Services $ 11,093,873 Regular Operating Expenses $ 2,184,223 Travel $ 61,247 Motor Vehicle Equipment

Purchases $ 7,500 Publications and Printing $ 16,558 Equipment Purchases $ 555,028 Telecommunications $

75,299 Per Diem, Fees and Contracts $ 61,974 Utilities $ 977,877 Capital Outlay $ 154,500 Total Positions Budgeted 720 Authorized Motor Vehicles 80
Page 229
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. 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 ($9,069) for each 40 students. However, allotments shall not exceed actual cost of midday transportation by the local system. Provided, however, in order to extend the half-day program to a full-day service in lieu of midday
Page 230
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 $9,069 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. 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.
Page 231
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 (MO). 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 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. It is the intent of this General Assembly that the staffing of the District Agricultural and Home Economics offices of the State will be maintained at the minimum staffing level which was in effect as of July 1, 1979. 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
Page 232

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 $ -0- Employees' Retirement System Budget: Personal Services $

523,802 Regular Operating Expenses $ 13,025 Travel $ 8,218 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 12,000 Equipment Purchases $ 8,400 Computer Charges $ 163,295 Real Estate Rentals

$ 48,130 Telecommunications $ 9,256 Per Diem, Fees and Contracts $ 343,100 Postage $ 31,250 Total Funds

Budgeted $ 1,160,476 State Funds Budgeted $ -0- Total Positions Budgeted 28

Budget Unit Object Classes:

Personal Services $ 523,802 Regular Operating Expenses $ 13,025 Travel $ 8,218 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 8,400 Computer Charges $ 163,295

Real Estate Rentals $ 48,130 Telecommunications $ 9,256 Per Diem, Fees and Contracts $ 343,100 Postage $

31,250 Total Positions Budgeted 28 Authorized Motor Vehicles 1

Page 233

Section 21. Forestry Commission. Budget Unit: Forestry Commission $ 19,520,070 1. Reforestation Budget:

Personal Services $ 582,630 Regular Operating Expenses $ 554,730 Travel $ 3,800 Motor Vehicle Equipment

Purchases $ 10,000 Publications and Printing $ 1,377 Equipment Purchases $ 44,000 Computer Charges $

12,821 Real Estate Rentals $ -0- Telecommunications $ 9,745 Per Diem, Fees and Contracts $ 65,124

Capital Outlay $ -0- Total Funds Budgeted $ 1,284,227 State Funds Budgeted $ 383,353 Total Positions

Budgeted 31

2. Field Services Budget: Personal Services $ 12,973,663 Regular Operating Expenses $

2,768,580 Travel $ 84,477 Motor Vehicle Equipment Purchases $ 482,746 Publications and Printing $ 21,698

Equipment Purchases $ 1,217,888 Computer Charges $ 29,996 Real Estate Rentals $ 13,383

Telecommunications $ 388,723 Per Diem, Fees and Contracts $ 37,710 Ware County Grant $ 60,000 Capital

Outlay $ 131,500 Total Funds Budgeted $ 18,210,364 State Funds Budgeted $ 15,350,179 Total Positions

Budgeted 809 3. General Administration and Support Budget: Personal Services $ 583,359 Regular Operating

Expenses $ 87,446 Travel $ 16,764 Motor Vehicle Equipment Purchases $ 5,190 Publications and Printing $

37,858 Equipment Purchases $ 800 Computer Charges $ 70,811 Real Estate Rentals $ -0-

Telecommunications $ 17,141 Per Diem, Fees and Contracts $ 5,569 Contractual Research $ 392,000 Herty

Foundation $ -0- Total Funds Budgeted $ 1,216,938 State Funds Budgeted $ 1,186,538 Total Positions

Budgeted 25 4. Wood Energy Budget: Wood Energy Program $ 2,680,000 Total Funds Budgeted $ 2,680,000

State Funds Budgeted $ 2,600,000 Total Positions Budgeted 3 Budget Unit Object Classes:

Personal

Services $ 14,139,652 Regular Operating Expenses $ 3,410,756 Travel $ 105,041 Motor Vehicle Equipment

Purchases $ 497,936 Publications and Printing $ 60,933 Equipment Purchases $ 1,262,688 Computer Charges

$ 113,628 Real Estate Rentals $ 13,383 Telecommunications $ 415,609 Per Diem, Fees and Contracts $

108,403 Contractual Research $ 392,000 Ware County Grant $ 60,000 Herty Foundation $ -0- Wood

Energy Program $ 2,680,000 Capital Outlay $ 131,500 Total Positions Budgeted 868 Authorized Motor

Vehicles 751

Page 235

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 $ 14,781,624 1.

General Administration Budget: Personal Services $ 451,449 Regular Operating Expenses $ 25,025 Travel $

4,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,300 Equipment Purchases $

1,000 Computer Charges $ -0- Real Estate Rentals $ 29,323 Telecommunications $ 18,315 Per Diem, Fees

and Contracts $ 2,100 Postage $ 3,600 Capital Outlay $ -0- Total Funds Budgeted $ 538,012 State Funds

Budgeted $ 538,012 Total Positions Budgeted 23

2. Investigative Division Budget: Personal Services $

5,529,371 Regular Operating Expenses $ 820,089 Travel $ 291,750 Motor Vehicle Equipment Purchases $

221,400 Publications and Printing $ 17,325 Equipment Purchases $ 100,400 Computer Charges $ 700 Real

Estate Rentals $ 88,368 Telecommunications $ 167,476 Per Diem, Fees and Contracts $ 2,000 Evidence

Purchased $ 145,000 Postage $ 6,900 Capital Outlay $ 186,800 Total Funds Budgeted $ 7,577,579 State

Funds Budgeted $ 7,460,659 Total Positions Budgeted 219

3. Forensic Sciences Division Budget:

Personal Services $ 1,975,364 Regular Operating Expenses $ 356,109 Travel $ 24,530 Motor Vehicle

Equipment Purchases $ 45,835 Publications and Printing $ 5,600 Equipment Purchases $ 165,900 Computer

Charges $ 130,000 Real Estate Rentals $ 10,662 Telecommunications $ 74,360 Per Diem, Fees and Contracts

$ 500 Postage $ 13,250 Capital Outlay $ 136,500 Total Funds Budgeted $ 2,938,610 State Funds Budgeted

$ 2,851,910 Total Positions Budgeted 89

4. Georgia Crime Information Center Budget: Personal Services

$ 1,530,456 Regular Operating Expenses $ 111,768 Travel $ 10,450 Motor Vehicle Equipment Purchases $

5,500 Publications and Printing $ 35,200 Equipment Purchases $ 30,089 Computer Charges $ 1,773,780

Real Estate Rentals $ 3,000 Telecommunications $ 342,000 Per Diem, Fees and Contracts $ 71,800 Postage $

17,000 Total Funds Budgeted $ 3,931,043 State Funds Budgeted $ 3,931,043 Total Positions Budgeted 97

Budget Unit Object Classes:

Personal Services $ 9,486,640 Regular Operating Expenses $ 1,312,991 Travel

$ 331,630 Motor Vehicle Equipment Purchases $ 272,735 Publications and Printing $ 60,425 Equipment

Purchases $ 297,389 Computer Charges $ 1,904,480 Real Estate Rentals $ 131,353 Telecommunications $

602,151 Per Diem, Fees and Contracts $ 76,400 Evidence Purchased $ 145,000 Postage $ 40,750 Capital

Outlay $ 323,300 Total Positions Budgeted 428 Authorized Motor Vehicles 247

Page 237

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. Provided that of the five (5) new positions for the Forensic Sciences Division, one (1) position

Page 238

shall be designated for the Columbus Branch Crime Lab. Section 23. Georgia State Financing and Investment

Commission. Budget Unit: Georgia State Financing and Investment Commission $ -0- Departmental Operations

Budget: Personal Services $ 728,993 Regular Operating Expenses $ 42,500 Travel $ 8,439 Motor Vehicle

Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ 1,750 Computer Charges $

20,000 Real Estate Rentals $ 56,461 Telecommunications $ 14,000 Per Diem, Fees and Contracts $ 118,000

Total Funds Budgeted $ 996,143 State Funds Budgeted $ -0- Total Positions Budgeted 31

Budget Unit Object

Classes: Personal Services $ 728,993 Regular Operating Expenses $ 42,500 Travel $ 8,439 Motor Vehicle

Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ 1,750 Computer Charges $

20,000 Real Estate Rentals $ 56,461 Telecommunications $ 14,000 Per Diem, Fees and Contracts $ 118,000

Total Positions Budgeted 31 Authorized Motor Vehicles 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 Industry and Trade, the

Department of Public Safety, and the Department of Transportation authorized in Section 46 of this Act, shall be

approximately as listed hereunder, if and when bonds are issued to finance the construction of such projects:

Expansion of Georgia Ports Authority Facilities $ 42,372,728 Georgia Public Safety Training Center $ 5,000,000

Advance Construction of the Interstate System $ 225,000,000

Page 239

Provided that no bonds shall be issued for the Georgia Public Safety Training Center until preliminary plans therefor have been completed and have received agency approval. The following is an expression of intent of the Georgia General Assembly regarding the issuance of $225,000,000 in General Obligation Bonds for the Advanced Construction - Interstate Program: 1.) If, in the opinion of a majority of the members of the Georgia State Financing and Investment Commission, ninety percent principal reimbursement by the U. S. Department of Transportation is not assured, no bonds shall be sold to fund such projects. 2.) If in the opinion of Georgia State Financing and Investment Commission, prior to the contractual obligation of the bond proceeds the Federal highway program is extended in such a manner that the Interstate construction program could proceed without delay, using current Federal funds rather than bond proceeds, then,

to the extent that such bonds are not contractually obligated on valid construction projects, the proceeds of the bonds shall be used for the purchase of ten percent matching contracts as they accrue, and for repayment or defeasement of these or other State bonds.

Page 240

Section 24. Office of the Governor. A. Budget Unit: Governor's Office $ 4,302,577 1. Governor's Office Budget:

Cost of Operations $ 1,400,425 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,500,000 Intern

Stipends and Travel $ 77,298 Total Funds Budgeted $ 4,017,723 State Funds Budgeted $ 4,017,723

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 $ 310,410 Regular Operating Expenses $ 14,136 Travel $ 12,000 Motor

Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,500 Equipment Purchases $ 1,100 Computer

Charges $ -0- Real Estate Rentals $ 20,132 Telecommunications $ 9,440 Per Diem, Fees and Contracts $

30,000 Total Funds Budgeted $ 400,718 State Funds Budgeted $ 284,854 Total Positions Budgeted 15

Budget Unit Object Classes:

Cost of Operations $ 1,400,425 Mansion Allowance $ 40,000 Governor's

Emergency Fund $ 2,500,000 Intern Stipends and Travel $ 77,298 Personal Services $ 310,410 Regular

Operating Expenses $ 14,136 Travel $ 12,000 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 3,500 Equipment Purchases $ 1,100 Computer Charges $ -0- Real Estate Rentals $ 20,132

Telecommunications $ 9,440 Per Diem, Fees and Contracts $ 30,000 Total Positions Budgeted 15 Authorized

Motor Vehicles 1

B. Budget Unit: Office of Planning and Budget $ 5,735,856 1. General Administration and

Support Budget: Personal Services $ 398,843 Regular Operating Expenses $ 81,280 Travel $ 8,500 Motor

Vehicle Equipment Purchases $ -0- Publications and Printing $ 30,000 Equipment Purchases $ 1,000

Computer Charges $ -0- Real Estate Rentals $ 172,476 Telecommunications $ 8,300 Per Diem, Fees and

Contracts $ 50,000 Total Funds Budgeted $ 750,399 State Funds Budgeted $ 733,842 Total Positions

Budgeted 15

2. Council of the Arts Budget: Personal Services $ 123,787 Regular Operating Expenses $

7,910 Travel $ 4,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000

Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 17,740 Telecommunications $

6,591 Per Diem, Fees and Contracts $ 7,951 Art Grants - State Funds $ 1,142,806 Art Grants - Federal Funds $

664,089 Art Grants - Donations $ 19,027 Total Funds Budgeted $ 1,999,001 State Funds Budgeted $

1,315,885 Total Positions Budgeted 8

3. Educational Development Budget: Personal Services $ 255,623

Regular Operating Expenses $ 1,300 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications

and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0-

Telecommunications $ 4,600 Per Diem, Fees and Contracts $ 6,000 Total Funds Budgeted $ 273,523 State

Funds Budgeted $ 273,523 Total Positions Budgeted 9

4. Intergovernmental Relations Budget: Personal

Services $ 184,132 Regular Operating Expenses $ 3,415 Travel $ 34,473 Motor Vehicle Equipment Purchases

$ -0- Publications and Printing $ 300 Equipment Purchases $ 830 Computer Charges $ -0- Real Estate

Rentals $ -0- Telecommunications $ 8,659 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $

233,809 State Funds Budgeted $ 233,809 Total Positions Budgeted 7

5. Management Review Budget:

Personal Services $ 518,998 Regular Operating Expenses $ 1,200 Travel $ 6,100 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 14,000 Computer Charges $ 41,000

Real Estate Rentals $ -0- Telecommunications $ 8,000 Per Diem, Fees and Contracts $ 300 Total Funds

Budgeted $ 589,598 State Funds Budgeted $ 502,243 Total Positions Budgeted 21

6. Human Development

Budget: Personal Services $ 314,045 Regular Operating Expenses $ 200 Travel $ 5,000 Motor Vehicle

Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 500 Computer Charges $

-0- Real Estate Rentals $ -0- Telecommunications $ 4,900 Per Diem, Fees and Contracts $ -0- Total Funds

Budgeted $ 324,645 State Funds Budgeted $ 324,645 Total Positions Budgeted 11

7. Office of Consumer

Affairs: Personal Services $ 826,410 Regular Operating Expenses $ 49,975 Travel $ 14,000 Motor

Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ 2,500 Computer

Charges $ 22,680 Real Estate Rentals $ 56,062 Telecommunications $ 102,000 Per Diem, Fees and Contracts

$ 7,000 Total Funds Budgeted $ 1,085,627 State Funds Budgeted $ 785,627 Total Positions Budgeted 50

8. State Energy Office Budget: Personal Services $ 278,773 Regular Operating Expenses $ 37,757 Travel $

35,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 71,003 Equipment Purchases $

-0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 12,500 Per Diem, Fees and

Contracts $ 5,200,000 Total Funds Budgeted $ 5,635,033 State Funds Budgeted $ 275,091 Total Positions

Budgeted 16

9. Governor's Committee on Post-Secondary Education Budget: Personal Services $ 101,352

Regular Operating Expenses $ 6,527 Travel $ 3,500 Motor Vehicle Equipment Purchases $ -0- Publications

and Printing $ 5,009 Equipment Purchases $ -0- Computer Charges $ 5,000 Real Estate Rentals $ 7,791

Telecommunications $ 3,228 Per Diem, Fees and Contracts $ 12,349 Total Funds Budgeted $ 144,756 State

Funds Budgeted $ 73,694 Total Positions Budgeted 4

10. Facilities Management Budget: Personal

Services $ 95,991 Regular Operating Expenses $ -0- Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 1,000 Equipment Purchases $ 8,000 Computer Charges $ 130,000 Real Estate

Rentals $ -0- Telecommunications $ 3,100 Per Diem, Fees and Contracts $ 115,000 Total Funds Budgeted $

360,091 State Funds Budgeted $ 360,091 Total Positions Budgeted 3

11. Physical and Economic

Development Budget: Personal Services $ 329,773 Regular Operating Expenses $ 5,647 Travel $ 18,000

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ 750

Computer Charges $ 12,000 Real Estate Rentals $ -0- Telecommunications $ 10,000 Per Diem, Fees and

Contracts $ 80,000 Total Funds Budgeted $ 461,170 State Funds Budgeted $ 296,170 Total Positions

Budgeted 14

12. General Government and Protection of Persons and Property Budget: Personal Services $

319,164 Regular Operating Expenses $ 1,500 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ -0- Equipment Purchases $ 500 Computer Charges $ -0- Real Estate Rentals $ -0-

Telecommunications $ 5,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 331,164 State Funds

Budgeted $ 331,164 Total Positions Budgeted 11

13. Consumer's Utility Counsel Budget: Personal

Services $ 258,029 Regular Operating Expenses $ 10,413 Travel $ 7,000 Motor Vehicle Equipment Purchases

$ -0- Publications and Printing $ 630 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate

Rentals $ 13,000 Telecommunications $ 5,000 Per Diem, Fees and Contracts $ 20,000 Total Funds Budgeted

$ 314,072 State Funds Budgeted $ 230,072 Total Positions Budgeted 14

Budget Unit Object Classes:

Personal Services $ 4,004,920 Regular Operating Expenses $ 207,124 Travel $ 153,673 Motor Vehicle

Equipment Purchases $ -0- Publications and Printing $ 122,942 Equipment Purchases $ 28,080 Computer

Charges $ 210,680 Real Estate Rentals $ 267,069 Telecommunications $ 181,878 Per Diem, Fees and

Contracts $ 5,500,600 Art Grants - State Funds $ 1,142,806 Art Grants - Federal Funds $ 664,089 Art Grants -

Donations $ 19,027 Total Positions Budgeted 183 Authorized Motor Vehicles 0

Page 246

Provided, however, that of the above appropriation relative to Art Grants - State Funds, $1,142,806 is designated and

committed for Grants to Counties, Cities and non-profit organizations of the State of Georgia. Budget Unit: Grants to

Counties and Municipalities $ 6,800,000 1. Grants to Counties $ 2,600,000 Total Funds Budgeted $ 2,600,000

State Funds Budgeted $ 2,600,000 2. Grants to Municipalities $ 4,200,000 Total Funds Budgeted $ 4,200,000

State Funds Budgeted $ 4,200,000

Budget Unit Object Classes:

Grants to Counties $ 2,600,000 Grants

to Municipalities $ 4,200,000

Page 247

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. A. Budget Unit: Departmental Operations $ 180,316,057 1. General Administration and Support Budget: Personal Services $ 9,735,338 Regular Operating Expenses $ 657,440 Travel $ 460,932 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 134,680 Equipment Purchases $ 35,290 Computer Charges $ 1,366,675 Real Estate Rentals $ 2,502,968 Telecommunications $ 365,220 Per Diem, Fees and Contracts $ 1,550,250 Utilities $ 70,295 Postage $ 489,825 Institutional Repairs and Maintenance $ 752,000 Capital Outlay $ 107,900 Total Funds Budgeted $ 18,228,813 Indirect DOAS Services Funding $ 1,060,610 Indirect GBA Funding $ -0- Agency Funds $ 6,788,775 Title XX Funds $ 2,106,677 State Funds Budgeted $ 8,272,751 Total Positions Budgeted 527 Authorized Motor Vehicles 7

Page 248

General Administration and Support Functional Budgets Total Funds State Funds Pos.

Commisioner's

Office $ 676,896 $ 676,896 21 Child Care Licensing $ 1,179,957 $ 1,057,267 58 Laboratory Improvement $

449,169 $ 303,702 19 Child Support Recovery $ 2,175,055 $ 543,764 101 Contract Management $ 1,184,641 $

177,641 9 Public Affairs $ 294,904 $ 294,904 12 Office of Administrative Appeals $ 757,502 $ 757,502 22

Health Care Facilities Regulations $ 1,785,683 $ 455,758 69 Administrative Policy, Coordination and Direction $

79,759 $ 79,759 3 Personnel $ 1,281,841 $ 1,231,441 70 Administrative Support Services $ 1,639,890 $

1,375,890 60 Office of Review and Investigation $ 555,991 $ 247,638 22 Systems Planning, Development and

Training $ 522,186 $ 522,186 22 Program Analysis $ 120,759 $ 120,759 7 Electronic Data Processing, Planning

and Coordination $ 1,369,675 $ -0- 0 Facilities Management $ 3,611,559 $ 3,100,239 10 Regulatory Services -

Program Direction and Support $ 543,346 $ 373,886 22 Indirect Cost $ -0- $ (3,046,481) 0 Undistributed $ -0- $

-0- 0 Total $ 18,228,813 $ 8,272,751 527

Page 249

2. Financial Management Budget: Personal Services $ 4,170,920 Regular Operating Expenses $ 108,065 Travel $ 184,048 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 22,240 Equipment Purchases $ 6,005 Computer Charges $ -0- Real Estate Rentals $ 1,920 Telecommunications $ 200 Per Diem, Fees and Contracts $ 135,000 Utilities $ -0- Postage $ 100 Total Funds Budgeted $ 4,628,498 Indirect DOAS Services Funding $ -0- Agency Funds $ 1,610,000 State Funds Budgeted $ 3,018,498 Total Positions Budgeted 222 Authorized Motor Vehicles 0

Page 250

Financial Management Functional Budgets Total Funds State Funds Pos. Budget Administration $ 833,784 $ 833,784 35 Accounting Services $ 2,263,000 $ 2,263,000 128 Auditing Services $ 1,531,714 $ 1,531,714 59 Indirect Cost $ -0- $ (1,610,000) 0 Undistributed $ -0- $ -0- 0 Total $ 4,628,498 $ 3,018,498 222 3. Special Programs: Personal Services $ 1,943,292 Regular Operating Expenses $ 67,325 Travel $ 89,301 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 21,550 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 56,610 Per Diem, Fees and Contracts $ 21,490,263 Contract - Georgia Advocacy Program $ 200,000 Utilities $ -0- Postage $ 380 Benefits for Child Care $ 520,275 Total Funds Budgeted $ 24,388,996 Title XX Funds $ 15,953,930 Indirect DOAS Services Funding $ -0- Agency Funds $ 3,427,867 State Funds Budgeted $ 5,007,199 Total Positions Budgeted 92 Authorized Motor Vehicles 103

Page 251

Special Programs Functional Budgets Total Funds State Funds Pos. State Economic Opportunity Office $ 277,840 $ 76,373 8 District Programs, Director's Office $ 633,898 $ 490,898 25 Child Development Administration $ 1,029,520 $ -0- 44 Child Development Contracts - Foster Care $ 267,605 $ 16,900 0 Special Projects $ 492,000 $ 492,000 0 Child Development Contracts - Day Care $ 19,158,613 $ 2,814,717 0 Child Development Contracts - Home Management $ 591,015 $ 106,850 0 Child Development Contracts - Outreach $ 612,685 $ 94,405 0 Information and Referral $ 317,405 $ 207,905 0 Troubled Children Benefits $ 520,275 $ 520,275 0 Mental Health/Mental Retardation Advisory Council $ 48,155 $ 48,155 1 Council on Family Planning $ 72,559 $ 7,260 2 Council on Aging $ 49,016 $ 49,016 1 Developmental Disabilities $ 235,965 $ -0- 9 Council on Maternal and Infant Health $ 82,445 $ 82,445 2 Undistributed $ -0- $ -0- 0 Total $ 24,388,996 $ 5,007,199 92


Page 252

4. Physical Health - Program Direction and Support Budget: Personal Services $ 1,881,280 Regular Operating Expenses $ 119,345 Travel $ 57,016 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 47,274 Equipment Purchases $ 5,130 Computer Charges $ 250,000 Real Estate Rentals $ 9,230 Telecommunications $ 172,985 Per Diem, Fees and Contracts $ 24,550 Utilities $ -0- Postage $ 1,450 Total Funds Budgeted $ 2,568,260 Indirect DOAS Services Funding $ 350,000 Agency Funds $ 303,166 State Funds Budgeted $ 1,915,094 Total Positions Budgeted 107 Authorized Motor Vehicles 0 Physical Health Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office $ 423,503 $ 273,503 7 Employee's Health $ 225,520 $ 140,520 9 Primary Health Care $ 334,852 $ 231,416 13 Health

Program Management $ 382,209 $ 299,240 18 Vital Records $ 812,071 $ 797,310 53 Health Services Research $ 390,105 $ 173,105 7 Undistributed $ -0- $ -0- 0 Total $ 2,568,260 $ 1,915,094 107
Page 253
5. Physical Health - Family Health Budget: Personal Services $ 5,050,240 Regular Operating Expenses $ 2,018,370 Travel $ 275,173 Motor Vehicle Equipment Purchases $ 7,600 Publications and Printing $ 102,601 Equipment Purchases $ 13,375 Computer Charges $ 192,000 Real Estate Rentals $ 13,400 Telecommunications $ 61,040 Per Diem, Fees and Contracts $ 6,405,933 Utilities $ -0- Postage $ 17,935 Regional Grants for Prenatal and Postnatal Care Programs $ 3,239,000 Crippled Children Benefits $ 3,000,000 Kidney Disease Benefits $ 500,000 Cancer Control Benefits $ 2,563,600 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 100,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants $ 25,000 Grant to Grady Hospital for Cystic Fibrosis Program $ 40,000 Contract with Emory University for Cancer Research $ 100,000 Contract with Emory University for Arthritis Research $ 178,160 Contract for Scoliosis Screening $ 20,000 Family Planning Benefits $ 226,530 Total Funds Budgeted $ 24,149,957 Indirect DOAS Services Funding $ -0- Agency Funds $ 11,472,788 State Funds Budgeted $ 12,677,169 Total Positions Budgeted 286 Authorized Motor Vehicles 4
Page 254
Physical Health - Family Health Functional Budgets Total Funds State Funds Pos. Family Health Management $ 6,121,099 $ 295,614 28 Cancer Control $ 3,180,157 $ 2,953,357 6 Crippled Children $ 4,356,205 $ 2,253,505 64 Immunization $ 460,705 $ -0- 24 Maternal Health $ 213,885 $ 213,885 6 Sexually Transmitted Diseases $ 184,130 $ 184,130 7 Infant and Child Health $ 3,809,483 $ 3,710,146 12 Diabetes $ 248,306 $ 62,841 11 Chronic Disease $ 1,300,617 $ 1,300,617 22 Coordination, Education, Prevention $ 498,818 $ -0- 8 Malnutrition $ 428,962 $ -0- 16 Stroke and Heart Attack Prevention $ 138,705 $ 132,025 6 Family Planning $ 791,450 $ 49,169 13 Epidemiology $ 700,595 $ 700,595 8 Dental Health $ 61,980 $ 61,980 3 Community Tuberculosis Control $ 939,305 $ 759,305 25 Crippled Children-SSI $ 724,555 $ -0- 27 Undistributed $ -0- $ -00 Total $ 24,149,957 $ 12,677,169 286
Page 255
6. Physical Health - Community Health Budget: Personal Services $ 3,206,472 Regular Operating Expenses $ 470,815 Travel $ 79,861 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 49,180 Equipment Purchases $ 38,225 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 3,970 Per Diem, Fees and Contracts $ 159,120 Utilities $ -0- Postage $ 14,255 Total Funds Budgeted $ 4,021,898 Indirect DOAS Services Funding $ -0- Agency Funds $ 466,943 State Funds Budgeted $ 3,554,955 Total Positions Budgeted 175 Authorized Motor Vehicles 5 Physical Health - Community Health Functional Budgets Total Funds State Funds Pos. Occupational and Radiological Health $ 534,711 $ 534,711 19 Laboratory Services $ 2,901,343 $ 2,502,700 137 Emergency Health $ 585,844 $ 517,544 19 Undistributed $ -0$ -0- 0 Total $ 4,021,898 $ 3,554,955 175
Page 256
7. Physical Health - Local Services Budget: Personal Services $ 10,818,388 Regular Operating Expenses $ 17,555,520 Travel $ 486,511 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 32,940 Equipment Purchases $ 35,950 Real Estate Rentals $ 110,700 Telecommunications $ 137,305 Per Diem, Fees and Contracts $ 4,562,718 Utilities $ 5,770 Postage $ 25,085 Contract - Macon-Bibb County Hospital Authority $ 550,000 Grant to Counties for Metabolic Disorders Screening and Treatment $ 40,000 Family Planning Benefits $ 75,000 Midwifery Program Benefits $ 175,000 Crippled Children Benefits $ 1,076,505 Grants to Counties for Teenage Pregnancy Prevention $ 250,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants $ 3,451,480 Grant for DeKalb County Mental Retardation Project $ 97,300 Grant for Chatham County Mental Retardation Project $ 92,800 Grant-In-Aid to Counties $ 23,606,077 Total Funds Budgeted $ 63,185,049 Indirect DOAS Services Funding $ 67,000 Agency Funds $ 30,463,038 Title XX Funds $ 1,100,000 State Funds Budgeted $ 31,555,011 Total Positions Budgeted 581 Authorized Motor Vehicles 2

Page 257

Physical Health - Local Services Functional Budgets Total Funds State Funds Pos.

Minimum

Foundation $ 6,402,895 $ 6,027,082 236 Grant-In-Aid to Counties $ 21,856,537 $ 17,918,696 0 Stroke and Heart

Attack Prevention $ 732,194 $ 443,914 20 Family Planning $ 5,722,925 $ 489,209 192 Sickle Cell, Vision and

Hearing $ 331,565 $ 331,565 15 Sexually Transmitted Diseases $ 870,729 $ 93,855 26 High Risk Pregnant

Women and Their Infants $ 3,884,240 $ 3,811,240 19 Newborn Follow-Up Care $ 235,285 $ 235,285 12 District

Dental $ 789,935 $ 789,935 18 Teenage Pregnancy Prevention $ 250,000 $ 250,000 0 District Crippled Children

$ 1,920,230 $ 1,164,230 33 Mental Retardation Projects $ 190,100 $ -0- 0 Malnutrition $ 19,998,414 $ -0- 10

Undistributed $ -0- $ -0- 0 Total $ 63,185,049 $ 31,555,011 581

Page 258

8. Mental Health - Program Direction and Support Budget: Personal Services $ 3,000,068 Regular Operating Expenses $ 115,133 Travel $ 165,670 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 95,319 Equipment Purchases $ -0- Computer Charges $ 650,000 Real Estate Rentals $ -0Telecommunications $ 127,955 Per Diem, Fees and Contracts $ 1,106,595 Utilities $ 2,500 Postage $ 1,600 Total Funds Budgeted $ 5,264,840 Title XX Funds $ 13,630 Indirect DOAS Services Funding $ 500,000 Agency Funds $ 1,604,952 State Funds Budgeted $ 3,146,258 Total Positions Budgeted 139 Mental Health Program Direction and Support Functional Budgets Total Funds State Funds Pos. Administration $ 2,300,736 $ 1,802,431 64 Special Projects and Contracts $ 1,115,772 $ -0- 9 Program Coordination $ 1,848,332 $ 1,343,827 66 Undistributed $ -0- $ -0- 0 Total $ 5,264,840 $ 3,146,258 139

Page 259

9. Purchase of Social Services: Personal Services $ -0- Regular Operating Expenses $ -0- Travel $ -0Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 334,750 Utilities $ -0- Postage $ -0- W.I.N. Benefits $ 750,000 Grants to Fulton County for 24-hour Emergency Social Services $ 146,079 Benefits for Child Care $ 8,673,067 Homemaker Meals $ 98,400 Chatham County Homemaker Project $ 418,565 Douglas County Homemaker Project $ 112,870 Fulton County Homemaker Project $ 261,412 Total Funds Budgeted $ 10,795,143 Agency Funds $ 4,689,517 Title XX Funds $ 1,361,795 State Funds Budgeted $ 4,743,831 Total Positions Budgeted 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 $ 146,079 $ 146,079 0 Legal Services $ 334,750 $ 147,250 0 AFDC - Family Foster Care $ 2,353,877 $ 782,430 0 AFDC - Institutional Foster Care $ 819,500 $ 272,400 0 Specialized Foster Care $ 50,000 $ 27,500 0 Child Welfare - Family Foster Care $ 3,967,025 2,267,345 0 Adoption Supplement $ 158,240 $ 158,240 0 Non-AFDC Institutional Foster Care $ 149,025 $ 149,025 0 Liability Insurance $ 15,400 $ 15,400 0 Emergency Shelter Care $ 80,000 $ 20,000 0 Day Care $ 725,000 $ 305,000 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 Homemaking Projects $ 891,247 $ 116,912 0 Undistributed $ -0$ -0- 0 Total $ 10,795,143 $ 4,743,831 0

Page 261

10. Youth Services - Program Direction and Support: Personal Services $ 572,446 Regular Operating Expenses

$ 13,600 Travel $ 17,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000

Equipment Purchases $ 2,800 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $

16,500 Per Diem, Fees and Contracts $ 2,500 Utilities $ -0- Postage $ -0- Benefits for Child Care $ -0-

Total Funds Budgeted $ 629,146 Indirect DOAS Services Funding $ -0- Agency Funds $ -0- State Funds

Budgeted $ 629,146 Total Positions Budgeted 25 Authorized Motor Vehicles 0

11. Services to the Aged

Budget: Personal Services $ 909,274 Regular Operating Expenses $ 19,020 Travel $ 41,256 Motor

Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,555 Equipment Purchases $ -0- Computer

Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 25,740 Per Diem, Fees and Contracts $

14,817,079 Utilities $ -0- Postage $ -0- Total Funds Budgeted $ 15,817,924 Title XX Funds $ 4,029,795

Agency Funds $ 10,509,459 State Funds Budgeted $ 1,278,670 Total Positions Budgeted 41 Authorized Motor Vehicles 176
Page 262
Services to the Aged Functional Budgets Total Funds State Funds Pos. Title XX Adult Services $ 4,931,064 $ 774,040 0 Administration and Planning $ 1,778,670 $ 234,900 41 Nutrition Grants $ 5,394,585 $ 269,730 0 Areawide Grants $ 3,713,605 $ -0- 0 Undistributed $ -0- $ -0- 0 Total $ 15,817,924 $ 1,278,670 41 12. Vocational Rehabilitation - Program Direction and Support Budget: Personal Services $ 1,186,268 Regular Operating Expenses $ 60,364 Travel $ 58,865 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,515 Equipment Purchases $ -0- Computer Charges $ 453,375 Real Estate Rentals $ -0Telecommunications $ 25,290 Per Diem, Fees and Contracts $ 458,390 Utilities $ -0- Postage $ 3,645 E.S.R.P. Case Services $ 150,000 Grants for Nephrology Centers $ 337,831 Total Funds Budgeted $ 2,752,543 Indirect DOAS Services Funding $ 100,000 Agency Funds $ 1,799,131 State Funds Budgeted $ 853,412 Total Positions Budgeted 55
Page 263
Vocational Rehabilitation - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Program Direction and Support $ 1,680,212 $ 355,673 44 Grants Management $ 1,072,331 $ 497,739 11 Undistributed $ -0- $ -0- 0 Total $ 2,752,543 $ 853,412 55 13. Vocational Rehabilitation - Facilities Budget: Personal Services $ 2,613,521 Regular Operating Expenses $ 132,380 Travel $ 24,446 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 900 Equipment Purchases $ 1,400 Computer Charges $ -0- Real Estate Rentals $ 98,395 Telecommunications $ 28,355 Per Diem, Fees and Contracts $ 110,400 Utilities $ 54,840 Postage $ 3,225 Capital Outlay $ -0- Case Services $ -0- Total Funds Budgeted $ 3,067,862 Indirect DOAS Services Funding $ -0- Agency Funds $ 2,085,849 Title XX Funds $ 187,000 State Funds Budgeted $ 795,013 Total Positions Budgeted 161 Authorized Motor Vehicles 19
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Vocational Rehabilitation - Facilities Functional Budgets Total Funds State Funds Pos. Youth Development Center - V.R. Unit $ 274,362 $ 66,709 14 Atlanta Rehabilitation Center $ 1,543,372 $ 402,262 70 Alto Rehabilitation Center $ 256,641 $ 62,173 13 Cave Spring Rehabilitation Center $ 285,481 $ 69,687 17 Central Rehabilitation Center $ 422,609 $ 107,367 28 Georgia Vocational Adjustment Center - Gracewood $ 285,397 $ 86,815 19 Undistributed $ -0- $ -0- 0 Total $ 3,067,862 $ 795,013 161 14. Roosevelt Warm Springs Rehabilitation Institute: Personal Services $ 5,702,120 Regular Operating Expenses $ 1,007,830 Travel $ 42,375 Motor Vehicle Equipment Purchases $ 178,400 Publications and Printing $ 8,800 Equipment Purchases $ 304,400 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 116,230 Per Diem, Fees and Contracts $ 619,145 Utilities $ 437,245 Postage $ 11,980 Case Services $ 24,325 Capital Outlay $ -0- Operations $ -0- Total Funds Budgeted $ 8,452,850 Indirect DOAS Services Funding $ 50,000 Agency Funds $ 5,933,577 State Funds Budgeted $ 2,469,273 Total Positions Budgeted 412 Authorized Motor Vehicles 23
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Roosevelt Warm Springs Rehabilitation Institute - Functional Budgets Total Funds State Funds Pos. Administration $ 3,528,200 $ 3,478,200 131 Rehabilitation Services $ 4,057,820 $ (1,283,397) 231 Instruction $ 370,865 $ (135,000) 16 Independent Living $ 324,520 $ 324,520 21 Family Involvement $ 91,755 $ 5,260 8 Research/Training $ 79,690 $ 79,690 5 Undistributed $ -0- $ -0- 0 Total $ 8,452,850 $ 2,469,273 412 15. Georgia Factory for the Blind Budget: Personal Services $ 1,966,616 Regular Operating Expenses $ 3,390,575 Travel $ 52,784 Motor Vehicle Equipment Purchases $ 19,300 Publications and Printing $ 3,125 Equipment Purchases $ 15,600 Computer Charges $ -0- Real Estate Rentals $ 8,590 Telecommunications $ 15,310 Per Diem, Fees and Contracts $ 52,335 Utilities $ 61,465 Postage $ 4,000 Case Services $ 225,000 Total Funds Budgeted $ 5,814,700 Agency Funds $ 5,358,456 State Funds Budgeted $ 456,244 Total Positions Budgeted 36 Authorized Motor Vehicles 14

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Georgia Factory for the Blind Functional Budgets Total Funds State Funds Pos. Operations $ 4,836,022 $

-0- 0 Supervision $ 302,222 $ 302,222 19 Business Enterprise Vending Stand Project $ 676,456 $ 154,022 17

Undistributed $ -0- $ -0- 0 Total $ 5,814,700 $ 456,244 36 16. Vocational Rehabilitation - Services Budget:

Personal Services $ 12,894,757 Regular Operating Expenses $ 381,889 Travel $ 419,080 Motor Vehicle

Equipment Purchases $ -0- Publications and Printing $ 14,400 Equipment Purchases $ 19,551 Computer

Charges $ -0- Real Estate Rentals $ 554,445 Telecommunications $ 346,305 Per Diem, Fees and Contracts $

192,590 Utilities $ 78,900 Postage $ 64,135 Contract for Epilepsy $ 50,000 Case Services $ 14,903,811

Total Funds Budgeted $ 29,919,863 Indirect DOAS Services Funding $ 150,000 Agency Funds $ 22,802,348

State Funds Budgeted $ 6,967,515 Total Positions Budgeted 707 Authorized Motor Vehicles 5

17.

Vocational Rehabilitation - Disability Adjudication Budget: Personal Services $ 5,542,490 Regular Operating

Expenses $ 120,840 Travel $ 16,802 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $

15,000 Equipment Purchases $ 9,350 Computer Charges $ -0- Real Estate Rentals $ 311,905

Telecommunications $ 233,020 Per Diem, Fees and Contracts $ 211,120 Utilities $ -0- Postage $ 94,000

Case Services $ 3,628,300 Total Funds Budgeted $ 10,182,827 Agency Funds $ 10,182,827 State Funds

Budgeted $ -0- Total Positions Budgeted 307

18. Public Assistance Budget: Personal Services $ -0-

Regular Operating Expenses $ 175,000 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- SSI-Supplement Benefits $ 31,520 AFDC Benefits $ 153,313,881 Total Funds

Budgeted $ 153,520,401 Agency Funds $ 102,527,512 State Funds Budgeted $ 50,992,889 Total Positions

Budgeted 0

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Public Assistant Functional Budgets Total Funds State Funds Pos. Refugee Benefits $ 175,000 $ -0- 0 AFDC Payments $ 153,313,881 $ 50,961,369 0 SSI - Supplement Benefits $ 31,520 $ 31,520 0 Undistributed $ -0- $ -0- 0 Total $ 153,520,401 $ 50,992,889 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- Local Services Benefits Payments Grants $ 48,581,413 Grants to Counties for Social Services $ 38,757,531 Total Funds Budgeted $ 87,338,944 Agency Funds $ 28,956,016 Title XX Funds $ 20,716,769 State Funds Budgeted $ 37,666,159 Total Positions Budgeted 0 Local Services - Community Services and Benefits Payments Functional Budgets Total Funds State Funds Pos. Local Services - Benefits Payments Grants $ 48,581,413 $ 22,923,812 0 Grants to Counties for Social Services $ 38,757,531 $ 14,742,347 0 Undistributed $ -0- $ -0- 0 Total $ 87,338,944 $ 37,666,159 0

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20. Family and Children Services - Program Direction and Support Budget: Personal Services $ 5,986,813 Regular Operating Expenses $ 190,554 Travel $ 310,572 Motor Vehicle Equipment Purchases $ -0Publications and Printing $ 505,355 Equipment Purchases $ 28,996 Computer Charges $ 1,854,500 Real Estate Rentals $ 142,290 Telecommunications $ 243,080 Per Diem, Fees and Contracts $ 3,094,179 Utilities $ 9,225 Postage $ 204,435 Total Funds Budgeted $ 12,569,999 Agency Funds $ 6,988,841 Indirect DOAS Services Funding $ 729,390 Title XX Funds $ 815,795 State Funds Budgeted $ 4,035,973 Total Positions Budgeted 315 Family and Children Services - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office $ 471,840 $ 172,560 12 Standards and Procedures $ 431,035 $ 183,230 9 Training $ 767,537 $ 120,978 13 Management Development $ 1,717,421 $ 830,128 79 Administrative Support $ 2,717,507 $ 602,360 20 Food Stamp $ 2,792,029 $ 208,522 22 District Program Operations $ 2,360,445 $ 1,155,121 101 Special Services $ 1,088,152 $ 642,305 47 Eligibility Determination $ 224,033 $ 120,769 12 Undistributed $ -0- $ -0- 0 Total $ 12,569,999 $ 4,035,973 315

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21. Family and Children Services - District Administration Budget: Personal Services $ 541,446 Regular Operating Expenses $ 20,100 Travel $ 29,162 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 21,770

Telecommunications $ 8,690 Per Diem, Fees and Contracts $ -0- Postage $ 2,000 Total Funds Budgeted $

623,168 Agency Funds $ 230,971 Title XX Funds $ 111,200 Indirect DOAS Services Funding $ -0- State

Funds Budgeted $ 280,997 Total Positions Budgeted 19 Budget Unit Object Classes:

Personal Services $

77,721,749 Regular Operating Expenses $ 26,624,165 Travel $ 2,811,154 Motor Vehicle Equipment Purchases

$ 205,300 Publications and Printing $ 1,081,434 Equipment Purchases $ 516,072 Computer Charges $

4,766,550 Real Estate Rentals $ 3,775,613 Telecommunications $ 1,983,805 Per Diem, Fees and Contracts $

55,326,917 Utilities $ 720,240 Postage $ 938,050 Capital Outlay $ 107,900 Grants for Regional Prenatal

and Postnatal Care Programs $ 3,239,000 Crippled Children Benefits $ 4,076,505 Kidney Disease Benefits $

500,000 Cancer Control Benefits $ 2,563,600 Benefits for Medically Indigent High Risk Pregnant Women and

Their Infants $ 3,476,480 Family Planning Benefits $ 301,530 Benefits for Midwifery Program $ 175,000

Grants for DeKalb County Mental Retardation Project $ 97,300 Grants for Chatham County Mental Retardation

Project $ 92,800 Grant-In-Aid to Counties $ 23,606,077 Work Incentive Benefits $ 750,000 Grants to Fulton

County for 24-hour Emergency Social Services $ 146,079 Benefits for Child Care $ 9,193,342 Homemaker Meals

$ 98,400 Chatham County Homemaker Project $ 418,565 Douglas County Homemaker Project $ 112,870

Fulton County Homemaker Project $ 261,412 Grants for Nephrology Centers $ 337,831 Case Services $

18,781,436 E.S.R.P. Case Services $ 150,000 SSI-Supplement Benefits $ 31,520 AFDC Benefits $

153,313,881 Local Services Benefits Payments Grants $ 48,581,413 Grants to Counties for Social Services $

38,757,531 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 100,000 Institutional

Repairs and Maintenance $ 752,000 Contract with Emory University for Arthritis Research $ 178,160 Grant for

Epilepsy Program $ 50,000 Grant to Grady Hospital for Cystic Fibrosis Program $ 40,000 Contract for Scoliosis

Screening $ 20,000 Contract - Georgia Advocacy Program $ 200,000 Grant for Teenage Pregnancy Prevention

Program $ 250,000 Contract - Cancer Research at Emory $ 100,000 Contract - Macon-Bibb County Hospital

Authority $ 550,000 Grants to Counties for Metabolic Disorders Screening and Testing $ 40,000 Total Positions

Budgeted 4,207

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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.

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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 Stroke-Screening 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 $50,961,369 in State funds for the purpose of making AFDC benefit payments. 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.

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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. 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.

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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 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.

It is the intent of this General Assembly that the State shall provide no more than 50 percent of Mercer Medical College's

total operating cost. Provided further, quarterly expenditure reports and certified annual audits shall be provided to the

State Auditor and General Assembly on a timely basis. B. Budget Unit: State Health Planning and Development $

376,400 State Health Planning and Development Budget: Personal Services $ 719,731 Regular Operating

Expenses $ 39,458 Travel $ 16,359 Publications and Printing $ 6,000 Equipment Purchases $ 2,701

Computer Charges $ 15,000 Real Estate Rentals $ 71,916 Telecommunications $ 24,000 Per Diem, Fees and

Contracts $ 191,100 Postage $ 4,000 Total Funds Budgeted $ 1,090,265 Indirect DOAS Services Funding $

-0- Agency Funds $ 713,865 State Funds Budgeted $ 376,400 Total Positions Budgeted 33 Authorized

Motor Vehicles 0

Budget Unit Object Classes:

Personal Services $ 719,731 Regular Operating

Expenses $ 39,458 Travel $ 16,359 Publications and Printing $ 6,000 Equipment Purchases $ 2,701

Computer Charges $ 15,000 Real Estate Rentals $ 71,916 Telecommunications $ 24,000 Per Diem, Fees and

Contracts $ 191,100 Postage $ 4,000 Total Positions Budgeted 33 Authorized Motor Vehicles 0

C.

Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions $ 229,400,176 1. Georgia

Regional Hospital at Augusta Budget: Personal Services $ 7,162,669 Regular Operating Expenses $ 1,085,475

Travel $ 11,487 Motor Vehicle Equipment Purchases $ 35,000 Publications and Printing $ 5,000 Equipment

Purchases $ 58,735 Computer Charges $ 65,200 Real Estate Rentals $ -0- Telecommunications $ 72,700

Per Diem, Fees and Contracts $ 224,850 Utilities $ 257,000 Postage $ 8,320 Authority Lease Rentals $

387,000 Capital Outlay $ 500,000 Total Funds Budgeted $ 9,873,436 Agency Funds $ 1,022,510 Indirect

DOAS Services Funding $ 60,000 State Funds Budgeted $ 8,790,926 Total Positions Budgeted 498

Authorized Motor Vehicles 23

2. Georgia Regional Hospital at Atlanta Budget: Personal Services $

9,321,799 Regular Operating Expenses $ 1,450,470 Travel $ 15,916 Motor Vehicle Equipment Purchases $

42,400 Publications and Printing $ 9,300 Equipment Purchases $ 112,615 Computer Charges $ 112,000

Real Estate Rentals $ -0- Telecommunications $ 111,000 Per Diem, Fees and Contracts $ 130,125 Utilities $

307,000 Postage $ 10,000 Capital Outlay $ -0- Authority Lease Rentals $ 513,000 Total Funds Budgeted $

12,135,625 Agency Funds $ 1,802,599 Indirect DOAS Services Funding $ 93,000 State Funds Budgeted $

10,240,026 Total Positions Budgeted 629 Authorized Motor Vehicles 25

3. Georgia Regional Hospital at

Savannah Budget: Personal Services $ 7,331,268 Regular Operating Expenses $ 813,310 Travel $ 14,318

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,900 Equipment Purchases $ 44,670

Computer Charges $ 97,000 Real Estate Rentals $ -0- Telecommunications $ 77,370 Per Diem, Fees and

Contracts $ 125,590 Utilities $ 315,000 Postage $ 6,500 Authority Lease Rentals $ 500,000 Capital Outlay

$ 197,089 Total Funds Budgeted $ 9,524,015 Agency Funds $ 821,225 Indirect DOAS Services Funding $

85,000 State Funds Budgeted $ 8,617,790 Total Positions Budgeted 496 Authorized Motor Vehicles 22

4. West Central Georgia Regional Hospital Budget: Personal Services $ 6,530,354 Regular Operating Expenses

$ 760,795 Travel $ 14,067 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,575

Equipment Purchases $ 72,885 Computer Charges $ 82,240 Real Estate Rentals $ -0- Telecommunications $

68,310 Per Diem, Fees and Contracts $ 50,845 Utilities $ 285,500 Postage $ 10,700 Authority Lease

Rentals $ 646,500 Capital Outlay $ 600,000 Total Funds Budgeted $ 9,126,771 Agency Funds $ 791,617

Indirect DOAS Services Funding $ 75,000 State Funds Budgeted $ 8,260,154 Total Positions Budgeted 447

Authorized Motor Vehicles 25

5. Northwest Georgia Regional Hospital at Rome Budget: Personal Services $

8,890,211 Regular Operating Expenses $ 987,335 Travel $ 12,317 Motor Vehicle Equipment Purchases $

40,350 Publications and Printing $ 1,200 Equipment Purchases $ 44,116 Computer Charges $ 100,000 Real

Estate Rentals $ -0- Telecommunications $ 74,800 Per Diem, Fees and Contracts $ 40,975 Utilities $ 800,000

Postage $ 6,700 Capital Outlay $ 109,000 Authority Lease Rentals $ 853,500 Total Funds Budgeted $

11,960,504 Agency Funds $ 2,181,472 Indirect DOAS Services Funding $ 85,000 State Funds Budgeted $

9,694,032 Total Positions Budgeted 652 Authorized Motor Vehicles 45

6. Gracewood State School and

Hospital Budget: Personal Services $ 24,259,587 Regular Operating Expenses $ 2,865,915 Travel $ 11,687

Motor Vehicle Equipment Purchases $ 91,900 Publications and Printing $ 5,380 Equipment Purchases $ 542,995

Computer Charges $ 64,000 Real Estate Rentals $ -0- Telecommunications $ 211,520 Per Diem, Fees and

Contracts $ 110,320 Utilities $ 1,065,400 Postage $ 13,200 Capital Outlay $ 685,703 Total Funds

Budgeted $ 29,927,607 Agency Funds $ 12,650,700 Indirect DOAS Services Funding $ 155,000 State Funds

Budgeted $ 17,121,907 Total Positions Budgeted - July 1, 1980 1,860 Total Positions Budgeted - June 30, 1981

1,798 Authorized Motor Vehicles 110

7. Southwestern State Hospital Budget: Personal Services $

15,079,969 Regular Operating Expenses $ 1,710,560 Travel $ 17,989 Motor Vehicle Equipment Purchases $

72,340 Publications and Printing $ 5,300 Equipment Purchases $ 340,455 Computer Charges $ 108,000

Real Estate Rentals $ -0- Telecommunications $ 120,440 Per Diem, Fees and Contracts $ 245,590 Utilities $

739,000 Postage $ 14,000 Capital Outlay $ 350,547 Total Funds Budgeted $ 18,803,190 Agency Funds $

3,942,335 Indirect DOAS Services Funding $ 90,000 State Funds Budgeted $ 14,770,855 Total Positions

Budgeted 1,120 Authorized Motor Vehicles 53

8. Georgia Retardation Center Budget: Personal Services

$ 13,058,708 Regular Operating Expenses $ 2,421,065 Travel $ 14,118 Motor Vehicle Equipment Purchases $

37,500 Publications and Printing $ 6,080 Equipment Purchases $ 118,845 Computer Charges $ 146,000

Real Estate Rentals $ -0- Telecommunications $ 122,280 Per Diem, Fees and Contracts $ 117,945 Utilities $

801,000 Postage $ 9,385 Authority Lease Rentals $ 794,000 Capital Outlay $ 149,200 Total Funds

Budgeted $ 17,796,126 Agency Funds $ 8,384,292 Indirect DOAS Services Funding $ 100,000 State Funds

Budgeted $ 9,311,834 Total Positions Budgeted 923 Authorized Motor Vehicles 34

9. Georgia Mental

Health Institute Budget: Personal Services $ 7,531,997 Regular Operating Expenses $ 957,680 Travel $

15,336 Motor Vehicle Equipment Purchases $ 59,000 Publications and Printing $ 5,595 Equipment Purchases

$ 106,499 Computer Charges $ 125,331 Real Estate Rentals $ -0- Telecommunications $ 157,725 Per

Diem, Fees and Contracts $ 568,675 Utilities $ 945,900 Postage $ 11,900 Authority Lease Rentals $ 450,000

Capital Outlay $ -0- Total Funds Budgeted $ 10,935,638 Agency Funds $ 1,064,281 Indirect DOAS Services

Funding $ 193,000 State Funds Budgeted $ 9,678,357 Total Positions Budgeted 520 Authorized Motor

Vehicles 20

10. Central State Hospital Budget: Personal Services $ 59,084,155 Regular Operating

Expenses $ 8,119,625 Travel $ 21,518 Motor Vehicle Equipment Purchases $ 123,000 Publications and

Printing $ 42,580 Equipment Purchases $ 460,751 Computer Charges $ 492,240 Real Estate Rentals $ -0-

Telecommunications $ 436,900 Per Diem, Fees and Contracts $ 206,820 Utilities $ 3,450,000 Postage $

42,500 Authority Lease Rentals $ 786,000 Capital Outlay $ 525,000 Total Funds Budgeted $ 73,791,089

Agency Funds $ 14,588,236 Indirect DOAS Services Funding $ 589,000 State Funds Budgeted $ 58,613,853

Total Positions Budgeted - July 1, 1980 4,241 Total Positions Budgeted June 30, 1981 4,172 Authorized Motor

Vehicles 216

11. State Youth Development Centers Budget: Personal Services $ 9,996,184 Regular

Operating Expenses $ 1,226,152 Travel $ 6,308 Motor Vehicle Equipment Purchases $ 47,475 Publications

and Printing $ 3,000 Equipment Purchases $ 53,935 Computer Charges $ -0- Real Estate Rentals $ -0-

Telecommunications $ 88,065 Per Diem, Fees and Contracts $ 120,000 Utilities $ 611,000 Postage $ 18,465

Capital Outlay $ 314,000 Total Funds Budgeted $ 12,484,584 Agency Funds $ 335,000 State Funds Budgeted

$ 12,149,584 Total Positions Budgeted 711 Authorized Motor Vehicles 103

12. Regional Youth

Development Centers Budget: Personal Services $ 4,893,296 Regular Operating Expenses $ 798,755 Travel $

11,087 Motor Vehicle Equipment Purchases $ 34,000 Publications and Printing $ 2,200 Equipment Purchases

$ 48,825 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 46,835 Per Diem, Fees

and Contracts $ 61,200 Utilities $ 350,390 Postage $ 8,085 Capital Outlay $ 160,000 Grants to County-

Owned Detention Centers $ 535,000 Total Funds Budgeted $ 6,949,673 Agency Funds $ 210,085 State Funds

Budgeted $ 6,739,588 Total Positions Budgeted 383 Authorized Motor Vehicles 32

13. Community

Mental Health/Mental Retardation Services Budget: Personal Services $ 7,134,141 Regular Operating Expenses

$ 542,384 Travel $ 46,094 Motor Vehicle Equipment Purchases $ 27,500 Publications and Printing $ 6,330

Equipment Purchases $ 24,755 Computer Charges $ -0- Real Estate Rentals $ 72,760 Telecommunications $

28,510 Per Diem, Fees and Contracts $ 199,300 Utilities $ 14,800 Postage $ 1,500 Drug Abuse Contracts $

779,895 Day Care Centers for the Mentally Retarded $ 37,102,826 MR Day Care Center Motor Vehicle Purchases

$ 578,150 Developmental Disability Services Chiefs $ 647,576 Group Homes for the Mentally Retarded $

3,129,050 Supportive Living Staff $ 864,767 Supportive Living Benefits $ 1,538,625 Georgia State Foster

Grandparent/Senior Companion Program $ 509,000 Community Residential Services Staff $ 933,980 Community Residential Services $ 1,706,550 Community Mental Health Center Services $ 47,900,560 Project Rescue $ 225,190 Project ARC $ 120,000 Uniform Alcoholism Projects $ 1,537,656 Total Funds Budgeted $ 105,671,899 Title XX Funds $ 21,486,529 Agency Funds $ 36,415,292 State Funds Budgeted $ 47,770,078 Total Positions Budgeted 418 Authorized Motor Vehicles 800

Page 284

Community Mental Health/Mental Retardation Services Functional Budgets Total Funds State Funds Pos. Mental Health Community Assistance $ 4,373,200 $ 4,290,250 238 Outdoor Therapeutic Program $ 649,132 $ 649,132 24 Mental Retardation Community Assistance $ 1,323,918 $ 1,323,918 64 Central Pharmacy $ 106,168 $ 106,168 3 Metro Drug Abuse Centers $ 959,536 $ 355,756 47 Developmental Disability Service Chiefs $ 647,576 $ 647,576 0 Day Care Centers for the Mentally Retarded $ 37,957,475 $ 16,619,746 21 Supportive Living $ 2,403,392 $ 2,403,392 0 Group Homes for the Mentally Retarded $ 3,120,050 $ 3,129,050 0 Georgia State Foster Grandparent/Senior Companion Program $ 509,000 $ 509,000 0 Community Residential Services $ 2,640,530 $ 1,876,730 0 Project Rescue $ 225,190 $ 76,390 0 Drug Abuse Contracts $ 779,895 $ 228,165 0 Project ARC $ 120,000 $ 120,000 0 Community Mental Health Center Services $ 48,310,181 $ 13,897,149 21 Uniform Alcoholism Projects $ 1,537,656 $ 1,537,656 0 Undistributed $ -0- $ -0- 0 Total $ 105,671,899 $ 47,770,078 418

Page 285

14. Community Youth Services Budget: Personal Services $ 6,267,716 Regular Operating Expenses $ 404,329 Travel $ 288,447 Motor Vehicle Equipment Purchases $ 14,000 Publications and Printing $ 2,670 Equipment Purchases $ 10,000 Computer Charges $ -0- Real Estate Rentals $ 243,500 Telecommunications $ 155,030 Per Diem, Fees and Contracts $ -0- Utilities $ 25,700 Postage $ 14,800 Child Care Benefits $ 15,000 Total Funds Budgeted $ 7,441,192 State Funds Budgeted $ 7,441,192 Total Positions Budgeted 388 Authorized Motor Vehicles 19 Community Youth Services Functional Budgets Total Funds State Funds Pos. Group Homes $ 403,383 $ 403,383 22 Community Detention $ 540,059 $ 540,059 15 Day Centers $ 464,146 $ 464,146 24 Community Treatment Centers $ 1,405,892 $ 1,405,892 82 Court Services $ 4,255,146 $ 4,255,146 227 Runaway Investigations $ 313,433 $ 313,433 15 Interstate Compact $ 59,133 $ 59,133 3 Undistributed $ -0- $ -00 Total $ 7,441,192 $ 7,441,192 388

Page 286

15. Regular Operating Expense Reserve Budget: Regular Operating Expense $ 200,000 Total Funds $ 200,000

State Funds $ 200,000

Budget Unit Object Classes:

Personal Services $ 186,542,054 Regular Operating

Expenses $ 24,343,850 Travel $ 500,689 Motor Vehicle Equipment Purchases $ 624,465 Publications and

Printing $ 101,110 Equipment Purchases $ 2,040,081 Computer Charges $ 1,392,011 Real Estate Rentals $

316,260 Telecommunications $ 1,771,485 Per Diem, Fees and Contracts $ 2,202,235 Utilities $ 9,966,690

Postage $ 176,055 Capital Outlay $ 3,590,539 Authority Lease Rentals $ 4,930,000 Grants to County-Owned

Detention Centers $ 535,000 Drug Abuse Contracts $ 779,895 Day Care Centers for the Mentally Retarded $

37,102,826 MR Day Care Center Motor Vehicle Purchases $ 578,150 Developmental Disability Services Chiefs $

647,576 Group Homes for the Mentally Retarded $ 3,129,050 Supportive Living Staff $ 864,767 Supportive

Living Benefits $ 1,538,625 Georgia State Foster Grandparent/Senior Companion Program $ 509,000 Community

Residential Services Staff $ 933,980 Community Residential Services $ 1,706,550 Community Mental Health

Center Services $ 47,900,560 Project Rescue $ 225,190 Project ARC $ 120,000 Uniform Alcoholism Projects

$ 1,537,656 Child Care Benefits $ 15,000 Total Positions Budgeted - July 1, 1980 13,286 Total Positions

Budgeted - June 30, 1981 13,155 Authorized Motor Vehicles 1,527

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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 Community Residential Services Benefits, the Department is authorized to increase the maximum monthly payments to service providers

Page 288

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 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 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. Provided, that of the above appropriation relating to Supportive Living Benefits, the Department is provided the flexibility to contract with private homeproviders for services in the home and/or to provide small group residences for clients and/or provide respite care services for

Page 289

clients and/or other residential services needed to support clients in the communities. Provided further, it is the intent of

this General Assembly that the Office of Planning and Budget is authorized and directed to amend an additional $525,000

in agency income, if realized, above the amount contemplated in this bill for the purpose of renovating the Powell

Building at Central State Hospital. Section 27. Department of Industry and Trade. A. Budget Unit: Department of

Industry and Trade $ 9,207,282 1. Industry Budget: Personal Services $ 556,119 Regular Operating Expenses

$ 9,050 Travel $ 39,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,500

Equipment Purchases $ 540 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0-

Per Diem, Fees and Contracts $ 1,500 Total Funds Budgeted $ 621,709 State Funds Budgeted $ 621,709 Total

Positions Budgeted 23

2. Research Budget: Personal Services $ 272,316 Regular Operating Expenses $

4,100 Travel $ 2,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000

Equipment Purchases $ 31,050 Computer Charges $ 7,078 Real Estate Rentals $ -0- Telecommunications $

-0- Per Diem, Fees and Contracts $ 10,000 Total Funds Budgeted $ 337,044 State Funds Budgeted $ 337,044

Total Positions Budgeted 14

3. Tourism - Promotional Budget: Personal Services $ 551,596 Regular

Operating Expenses $ 67,200 Travel $ 57,900 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 241,300 Equipment Purchases $ 1,575 Computer Charges $ 20,500 Real Estate Rentals $ -0-

Telecommunications $ -0- Per Diem, Fees and Contracts $ 72,970 Historic Chattahoochee Commission Contract

$ 35,000 Appalachian Regional Commission $ 30,000 Total Funds Budgeted $ 1,078,041 State Funds

Budgeted $ 1,042,841 Total Positions Budgeted 30

4. Tourist - Welcome Centers Budget: Personal

Services $ 1,200,340 Regular Operating Expenses $ 289,390 Travel $ 34,000 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 8,000 Computer Charges $ -0- Real

Estate Rentals $ -0- Telecommunications $ 14,418 Per Diem, Fees and Contracts $ 4,990 Capital Outlay $ -0-

Local Welcome Centers $ 95,000 Total Funds Budgeted $ 1,646,138 State Funds Budgeted $ 1,602,285 Total

Positions Budgeted 99

5. Internal Administration Budget: Personal Services $ 534,457 Regular Operating

Expenses $ 289,100 Travel $ 18,000 Motor Vehicle Equipment Purchases $ 8,500 Publications and Printing $

48,000 Equipment Purchases $ 1,000 Computer Charges $ 5,288 Real Estate Rentals $ 171,000

Telecommunications $ 110,082 Per Diem, Fees and Contracts $ 15,000 Postage $ 198,000 Georgia Ports

Authority - Authority Lease Rentals $ 2,595,000 Georgia Ports Authority - General Obligation Bond Payments $

500,000 Atlanta Council for International Visitors $ 20,000 Waterway Development in Georgia $ 25,000

Georgia Music Week Promotion $ 10,000 Atlanta Convention and Business Bureau $ 2,500 Georgia World

Congress Center Operating Expenses $ 300,000 Georgia World Congress Center Marketing Program $ -0- Total

Funds Budgeted $ 4,850,927 State Funds Budgeted $ 3,523,627 Total Positions Budgeted 25

6.

International Budget: Personal Services $ 400,014 Regular Operating Expenses $ 39,700 Travel $ 73,500

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 13,500 Equipment Purchases $ 1,400

Computer Charges $ 20,662 Real Estate Rentals $ 39,000 Telecommunications $ 23,000 Per Diem, Fees and

Contracts $ 91,000 Total Funds Budgeted $ 701,776 State Funds Budgeted $ 701,776 Total Positions

Budgeted 13

7. Advertising Budget: Advertising $ 1,378,000 Total Funds Budgeted $ 1,378,000 State

Funds Budgeted $ 1,378,000 Total Positions Budgeted 0

Budget Unit Object Classes:

Personal Services

$ 3,514,842 Regular Operating Expenses $ 698,540 Travel $ 224,900 Motor Vehicle Equipment Purchases $

8,500 Publications and Printing $ 328,300 Equipment Purchases $ 43,565 Computer Charges $ 53,528 Real

Estate Rentals $ 210,000 Telecommunications $ 147,500 Per Diem, Fees and Contracts $ 195,460 Postage $

198,000 Capital Outlay $ -0- Local Welcome Center Contracts $ 95,000 Advertising $ 1,378,000 Georgia

Ports Authority - Authority Lease Rentals $ 2,595,000 Georgia Ports Authority - General Obligation Bond Payments

$ 500,000 Historic Chattahoochee Commission Contract $ 35,000 Atlanta Council for International Visitors $

20,000 Waterway Development in Georgia $ 25,000 Georgia Music Week Promotion $ 10,000 Appalachian

Regional Commission $ 30,000 Atlanta Convention and Visitors Bureau $ 2,500 Georgia World Congress Center

Operating Expenses $ 300,000 Georgia World Congress Center Marketing Program $ -0- Total Positions

Budgeted 204 Authorized Motor Vehicles 21 For general administrative cost of operating the Department of

Industry and Trade, including advertising expense. B. Budget Unit: Authorities $ -0- 1. Georgia World Congress

Budget: Personal Services $ 2,485,829 Regular Operating Expenses $ 866,900 Travel $ 15,000 Motor

Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,000 Equipment Purchases $ 30,000

Computer Charges $ 1,080 Real Estate Rentals $ -0- Telecommunications $ 39,240 Per Diem, Fees and

Contracts $ 135,960 Georgia World Congress Center Marketing Program $ -0- Total Funds Budgeted $ 3,589,009

State Funds Budgeted $ -0- Total Positions Budgeted 120

2. Georgia Ports Authority Budget: Personal

Services $ 17,060,582 Regular Operating Expenses and Computer Charges $ 5,931,176 Travel $ 309,977

Motor Vehicle Equipment Purchases, Equipment Purchases and Capital Outlay $ 5,379,000 Publications and Printing

$ 77,000 Real Estate Rentals $ 70,800 Telecommunications $ 215,783 Repayments for State General

Obligation Bonds and Authority Lease Rental Obligations $ 1,662,000 Per Diem, Fees and Contracts $ 862,950

Other Debt-Service Payments $ 522,000 Capital Reinvestment $ 2,689,514 Total Funds Budgeted $ 34,780,782

State Funds Budgeted $ -0- Total Positions Budgeted 720

Budget Unit Object Classes:

Personal

Services $ 19,546,411 Regular Operating Expenses $ 866,900 Travel $ 324,977 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 92,000 Equipment Purchases $ 30,000 Computer Charges $ 1,080

Real Estate Rentals $ 70,800 Telecommunications $ 255,023 Per Diem, Fees and Contracts $ 998,910 Regular

Operating Expenses, Computer Charges $ 5,931,176 Motor Vehicle Equipment Purchases, Equipment Purchases and

Capital Outlay $ 5,379,000 Repayments for State General Obligation Bonds and Authority Lease Rental Obligations

$ 1,662,000 Other Debt-Service Payments $ 522,000 Capital Reinvestment $ 2,689,514 Georgia World

Congress Center Marketing Program $ -0- Total Positions Budgeted 840 Authorized Motor Vehicles 36

Page 294

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

Page 295

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 $ 709,859

Inspection Division Budget: Personal Services $ 557,417 Regular Operating Expenses $ 10,410 Travel $

124,941 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,500 Equipment Purchases $

200 Computer Charges $ -0- Real Estate Rentals $ 7,591 Telecommunications $ 5,050 Per Diem, Fees and

Contracts $ 750 Total Funds Budgeted $ 709,859 State Funds Budgeted $ 709,859 Total Positions Budgeted

29

Budget Unit Object Classes:

Personal Services $ 557,417 Regular Operating Expenses $ 10,410

Travel $ 124,941 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,500 Equipment

Purchases $ 200 Computer Charges $ -0- Real Estate Rentals $ 7,591 Telecommunications $ 5,050 Per

Diem, Fees and Contracts $ 750 Total Positions Budgeted 29

B. Budget Unit: Basic Employment, Work

Incentive, Correctional Services and Comprehensive Employment and Training $ 2,613,052 1. Basic Employment

Security and W.I.N. Budget: Personal Services $ 33,463,560 Regular Operating Expenses $ 2,717,800 Travel

$ 1,107,424 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,800 Equipment

Purchases $ 1,000,000 Computer Charges $ 805,000 Real Estate Rentals $ 1,650,889 Telecommunications $

830,320 Per Diem, Fees and Contracts $ 2,129,000 W.I.N. Grants $ 700,000 Capital Outlay $ -0- Total

Funds Budgeted $ 44,424,793 State Funds Budgeted $ 1,211,008 Total Positions Budgeted 1,632

2.

Comprehensive Employment and Training Act (CETA) Budget: Personal Services $ 10,308,277 Regular

Operating Expenses $ 2,069,306 Travel $ 585,000 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 15,000 Equipment Purchases $ 150,000 Computer Charges $ 220,000 Real Estate Rentals $

344,760 Telecommunications $ 235,400 Per Diem, Fees and Contracts (CETA) $ 500,000 CETA Direct

Benefits $ 100,000,000 Total Funds Budgeted $ 114,427,743 State Funds Budgeted $ -0- Total Positions

Budgeted 450

3. Correctional Services Budget: Personal Services $ 1,233,042 Regular Operating

Expenses $ 35,240 Travel $ 40,307 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 100

Equipment Purchases $ 500 Computer Charges $ 2,975 Real Estate Rentals $ 51,280 Telecommunications $

20,600 Per Diem, Fees and Contracts $ 18,000 Total Funds Budgeted $ 1,402,044 State Funds Budgeted $

1,402,044 Total Positions Budgeted 62

Budget Unit Object Classes:

Personal Services $ 45,004,879

Regular Operating Expenses $ 4,822,346 Travel $ 1,732,731 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 35,900 Equipment Purchases $ 1,150,500 Computer Charges $ 1,027,975 Real

Estate Rentals $ 2,046,929 Telecommunications $ 1,086,320 Per Diem, Fees and Contracts (CETA) $ 500,000

Per Diem, Fees and Contracts $ 2,147,000 W.I.N. Grants $ 700,000 CETA Direct Benefits $ 100,000,000

Capital Outlay $ -0- Total Positions Budgeted 2,144 Authorized Motor Vehicles 6

Page 297

Section 29. Department of Law. Budget Unit: Department of Law $ 3,649,217 Attorney General's Office Budget:

Personal Services $ 3,087,366 Regular Operating Expenses $ 168,950 Travel $ 76,311 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 30,000 Equipment Purchases $ 8,950 Computer Charges $ 100

Books for State Library $ 42,000 Real Estate Rentals $ 293,480 Telecommunications $ 69,260 Per Diem, Fees and

Contracts $ 30,000 Capital Outlay $ -0- Total Funds Budgeted $ 3,806,417 State Funds Budgeted $ 3,649,217

Total Positions Budgeted 116

Budget Unit Object Classes: Personal Services $ 3,087,366 Regular Operating

Expenses $ 168,950 Travel $ 76,311 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $

30,000 Equipment Purchases $ 8,950 Computer Charges $ 100 Real Estate Rentals $ 293,480

Telecommunications $ 69,260 Per Diem, Fees and Contracts $ 30,000 Books for State Library $ 42,000 Capital

Outlay $ -0- Total Positions Budgeted 116 Authorized Motor Vehicles 1

Page 298

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.

Page 299

Section 30. Department of Medical Assistance. Budget Unit: Medicaid Services $ 175,671,693 1. Commissioner's

Office Budget: Personal Services $ 1,120,734 Regular Operating Expenses $ 44,855 Travel $ 49,715

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,480 Equipment Purchases $ 9,240

Computer Charges $ -0- Real Estate Rentals $ 62,343 Telecommunications $ 35,230 Per Diem, Fees and

Contracts $ 25,000 Postage $ 3,400 Utilities $ 15,595 Audits Contracts $ 30,000 Total Funds Budgeted $

1,401,592 State Funds Budgeted $ 668,276 Total Positions Budgeted 64

2. Administration Budget:

Personal Services $ 854,438 Regular Operating Expenses $ 69,313 Travel $ 10,378 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 30,650 Equipment Purchases $ 4,870 Computer Charges $ 69,400

Real Estate Rentals $ 118,321 Telecommunications $ 30,010 Per Diem, Fees and Contracts $ 270,100 Postage

$ 46,850 Utilities $ 27,071 Audits Contracts $ 546,500 Total Funds Budgeted $ 2,077,901 State Funds

Budgeted $ 794,700 Total Positions Budgeted 46

3. Program Management Budget: Personal Services $

1,290,296 Regular Operating Expenses $ 48,620 Travel $ 39,091 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 55,200 Equipment Purchases $ 7,690 Computer Charges $ -0- Real Estate Rentals

$ 47,626 Telecommunications $ 58,310 Per Diem, Fees and Contracts $ 134,000 Postage $ -0- Utilities $

9,170 Contract with Georgia Medical Care Foundation $ 1,440,000 Total Funds Budgeted $ 3,130,003 State

Funds Budgeted $ 1,237,710 Total Positions Budgeted 79

4. Operations Budget: Personal Services $

1,634,848 Regular Operating Expenses $ 68,461 Travel $ 8,615 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 11,470 Equipment Purchases $ 3,515 Computer Charges $ 7,048,000 Real Estate

Rentals $ 66,213 Telecommunications $ 69,760 Per Diem, Fees and Contracts $ -0- Postage $ 626,320

Utilities $ 22,880 Total Funds Budgeted $ 9,560,082 Indirect DOAS Services Funding $ 1,000,000 Agency

Funds $ 7,104,306 State Funds Budgeted $ 1,455,776 Total Positions Budgeted 119

5. Benefits Payments

Budget: Medicaid Benefits $ 546,734,900 Payments to Counties for Mental Health $ 9,416,606 Total Funds

Budgeted $ 556,151,506 State Funds Budgeted $ 171,515,231 Total Positions Budgeted 0

Budget Unit

Object Classes:

Personal Services $ 4,900,316 Regular Operating Expenses $ 231,249 Travel $ 107,799

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 102,800 Equipment Purchases $ 25,315

Computer Charges $ 7,117,400 Real Estate Rentals $ 294,503 Telecommunications $ 193,310 Per Diem, Fees

and Contracts $ 429,100 Postage $ 676,570 Utilities $ 74,716 Medicaid Benefits $ 546,734,900 Payments

to Counties for Mental Health $ 9,416,606 Audits Contracts $ 576,500 Contract with Georgia Medical Care

Foundation $ 1,440,000 Total Positions Budgeted 308 Authorized Motor Vehicles 5

Page 301

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 $ 4,043,896 1. Applicant Services Budget: Personal Services $ 708,422

Regular Operating Expenses $ 16,860 Travel $ 12,645 Motor Vehicle Equipment Purchases $ -0- Publications

and Printing $ 48,700 Equipment Purchases $ 1,955 Computer Charges $ 421,348 Real Estate Rentals $ 785

Telecommunications $ 12,600 Per Diem, Fees and Contracts $ 7,500 Postage $ 68,000 Total Funds Budgeted

$ 1,298,815 Agency Assessments $ 1,291,615 Total Positions Budgeted 41

2. Classification and

Compensation Budget: Personal Services $ 390,734 Regular Operating Expenses $ 4,631 Travel $ 2,335

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,135 Equipment Purchases $ 1,570

Computer Charges $ 128,983 Real Estate Rentals $ -0- Telecommunications $ 5,500 Per Diem, Fees and

Contracts $ 3,500 Postage $ 2,300 Total Funds Budgeted $ 546,688 Agency Assessments $ 543,822 Total

Positions Budgeted 20

3. Program Evaluation and Audit Budget: Personal Services $ 256,538 Regular

Operating Expenses $ 4,605 Travel $ 1,265 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 500 Equipment Purchases $ 775 Computer Charges $ 227,620 Real Estate Rentals $ -0-

Telecommunications $ 4,300 Per Diem, Fees and Contracts $ -0- Postage $ 1,000 Total Funds Budgeted $

496,603 Agency Assessments $ 487,603 Total Positions Budgeted 14

4. Employee Training and

Development Budget: Personal Services $ 353,607 Regular Operating Expenses $ 16,580 Travel $ 15,805

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,940 Equipment Purchases $ 2,440

Computer Charges $ 17,509 Real Estate Rentals $ -0- Telecommunications $ 5,400 Per Diem, Fees and

Contracts $ 107,189 Postage $ 3,200 Total Funds Budgeted $ 532,670 Agency Assessments $ 511,831

Total Positions Budgeted 19

5. Health Insurance Administration Budget: Personal Services $ 370,089

Regular Operating Expenses $ 9,702 Travel $ 3,500 Motor Vehicle Equipment Purchases $ -0- Publications

and Printing $ 6,800 Equipment Purchases $ 2,985 Computer Charges $ 549,625 Real Estate Rentals $ 22,470

Telecommunications $ 28,000 Per Diem, Fees and Contracts $ 2,632,264 Postage $ 22,000 Total Funds

Budgeted $ 3,647,435 Other Health Insurance Agency Funds $ -0- Employer and Employee Contributions $

3,647,435 Total Positions Budgeted 23

6. Health Insurance Claims 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-

Telecommunications $ -0- Per Diem, Fees and Contracts $ 1,962,682 Postage $ -0- Health Insurance Claims $

92,000,000 Total Funds Budgeted $ 93,962,682 Other Health Insurance Agency Funds $ -0- Employer and

Employee Contributions $ 93,962,682 Total Positions Budgeted 0

7. Internal Administration Budget:

Personal Services $ 578,768 Regular Operating Expenses $ 12,550 Travel $ 3,160 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ 2,381 Computer Charges $ 47,520

Real Estate Rentals $ -0- Telecommunications $ 7,575 Per Diem, Fees and Contracts $ 6,195 Postage $ 2,500

Federal Sub-grants to State and Local Agencies $ 335,400 Total Funds Budgeted $ 1,001,049 Agency

Assessments $ 524,988 Employer and Employee Contributions $ 107,170 Deferred Compensation $ 9,896

Total Positions Budgeted 35

8. Commissioner's Office Budget: Personal Services $ 390,363 Regular

Operating Expenses $ 28,028 Travel $ 9,000 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 23,100 Equipment Purchases $ 2,150 Computer Charges $ -0- Real Estate Rentals $ 178,951

Telecommunications $ 6,000 Per Diem, Fees and Contracts $ 43,045 Postage $ 3,400 Total Funds Budgeted $

684,037 Agency Assessments $ 684,037 Total Positions Budgeted 15

Budget Unit Object Classes:

Personal Services $ 3,048,521 Regular Operating Expenses $ 92,956 Travel $ 47,710 Motor Vehicle

Equipment Purchases $ -0- Publications and Printing $ 102,175 Equipment Purchases $ 14,256 Computer

Charges $ 1,392,605 Real Estate Rentals $ 202,206 Telecommunications $ 69,375 Per Diem, Fees and

Contracts $ 4,762,375 Postage $ 102,400 Federal Sub-grants to State and Local Agencies $ 335,400 Health

Insurance Claim Payments $ 92,000,000 Total Positions Budgeted 167 Authorized Motor Vehicles 0

Page 305

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.

Page 306

Section 32. Department of Natural Resources. A. Budget Unit: Department of Natural Resources $ 44,994,758 1.

Internal Administration Budget: Personal Services $ 1,867,051 Regular Operating Expenses $ 190,909 Travel

$ 25,543 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 184,900 Equipment Purchases

$ 2,550 Computer Charges $ 140,950 Real Estate Rentals $ 140,362 Telecommunications $ 70,000 Per

Diem, Fees and Contracts $ 128,145 Postage $ 90,000 Capital Outlay - Heritage Trust $ 175,000 Total Funds

Budgeted $ 3,015,410 Receipts from Jekyll Island State Park Authority and Stone Mountain Memorial Association $

45,000 State Funds Budgeted $ 2,970,410 Total Positions Budgeted 92

2. Game and Fish Budget:

Personal Services $ 9,014,400 Regular Operating Expenses $ 2,900,041 Travel $ 90,765 Motor Vehicle

Equipment Purchases $ 379,600 Publications and Printing $ 66,600 Equipment Purchases $ 517,273 Computer

Charges $ 37,562 Real Estate Rentals $ 40,259 Telecommunications $ 183,474 Per Diem, Fees and Contracts

$ 90,437 Postage $ 59,516 Capital Outlay - Hatchery Renovation $ 7,000 Capital Outlay - Repairs and

Maintenance $ 276,293 Capital Outlay $ 107,849 Grants to Local Governments $ -0- Capital Outlay - Heritage

Trust - Wildlife Management Area Land Acquisition $ 330,000 Total Funds Budgeted $ 14,101,069 Income from

Timber Sales $ 100,000 State Funds Budgeted $ 11,624,513 Total Positions Budgeted 449

3. Parks,

Recreation and Historic Sites Budget: Personal Services $ 7,522,156 Regular Operating Expenses $ 3,414,201

Travel $ 116,664 Motor Vehicle Equipment Purchases $ 197,886 Publications and Printing $ 127,720

Equipment Purchases $ 202,390 Computer Charges $ 42,329 Real Estate Rentals $ 110,498

Telecommunications $ 219,430 Per Diem, Fees and Contracts $ 240,522 Postage $ 52,768 Capital Outlay $

100,000 Capital Outlay - Repairs and Maintenance $ 1,865,500 Capital Outlay - Shop Stock $ 250,000 Cost of

Material for Resale $ 739,010 Authority Lease Rentals $ 2,533,000 Land and Water Conservation Grants $

6,500,000 Recreation Grants $ 280,000 YACC and YCC Grants $ 500,000 Contract - Special Olympics, Inc. $

121,000 Georgia Sports Hall of Fame $ 50,000 Total Funds Budgeted $ 25,185,074 Income from Timber Sales

$ 150,000 State Funds Budgeted $ 12,806,046 Total Positions Budgeted 411

4. Environmental Protection

Budget: Personal Services $ 7,222,168 Regular Operating Expenses $ 546,425 Travel $ 277,850 Motor

Vehicle Equipment Purchases $ 40,079 Publications and Printing $ 72,500 Equipment Purchases $ 41,199

Computer Charges $ 197,750 Real Estate Rentals $ 392,001 Telecommunications $ 155,873 Per Diem, Fees

and Contracts $ 1,012,121 Postage $ 59,507 Solid Waste Grants $ 1,600,000 Water and Sewer Grants $

6,000,000 Contract with U.S. Geological Survey for Ground Water Resources Survey $ 212,775 Topographic

Mapping U.S. Geological Survey $ 125,000 Total Funds Budgeted $ 17,955,248 State Funds Budgeted $

14,699,214 Total Positions Budgeted 335

5. Dam Safety Budget: Personal Services $ 118,830 Regular

Operating Expenses $ 13,010 Travel $ 8,000 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 2,500 Equipment Purchases $ 3,350 Computer Charges $ 1,000 Real Estate Rentals $ 6,000

Telecommunications $ 2,000 Per Diem, Fees and Contracts $ 20,000 Postage $ 100 Total Funds Budgeted $

174,790 State Funds Budgeted $ 174,790 Total Positions Budgeted 5

6. Coastal Resources Budget:

Personal Services $ 676,947 Regular Operating Expenses $ 188,364 Travel $ 20,307 Motor Vehicle

Equipment Purchases $ 24,339 Publications and Printing $ 29,360 Equipment Purchases $ 5,500 Computer

Charges $ 18,260 Real Estate Rentals $ -0- Telecommunications $ 24,612 Per Diem, Fees and Contracts $

5,300 Postage $ 15,000 Capital Outlay $ 10,000 Capital Outlay - Repairs and Maintenance $ 7,000 Total

Funds Budgeted $ 1,024,989 State Funds Budgeted $ 830,896 Total Positions Budgeted 27

7. Lake Lanier

Islands Development Authority Budget: Payments to Lake Lanier Islands Development Authority for Operations $

486,889 Payments to Lake Lanier Islands Development Authority for Capital Outlay $ 395,000 Total Funds

Budgeted $ 881,889 State Funds Budgeted $ 881,889 Total Positions Budgeted 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 $ 1,007,000 Total Funds Budgeted $ 1,007,000 State Funds Budgeted $ 1,007,000 Total

Positions Budgeted 0

Budget Unit Object Classes:

Personal Services $ 26,421,552 Regular Operating

Expenses $ 7,252,950 Travel $ 539,129 Motor Vehicle Equipment Purchases $ 641,904 Publications and

Printing $ 483,580 Equipment Purchases $ 772,262 Computer Charges $ 437,851 Real Estate Rentals $

689,120 Telecommunications $ 655,389 Per Diem, Fees and Contracts $ 1,496,525 Postage $ 276,891 Land

and Water Conservation Grants $ 6,500,000 Recreation Grants $ 280,000 Young Adult Conservation Corps and

Youth Conservation Corps Grants $ 500,000 Water and Sewer Grants $ 6,000,000 Solid Waste Grants $

1,600,000 Contract with U. S. Geological Survey for Ground Water Resources Survey $ 212,775 Contract with

U.S. Geological Survey for Topographic Maps $ 125,000 Capital Outlay - Hatchery Renovation $ 7,000 Capital

Outlay $ 217,849 Capital Outlay - Repairs and Maintenance $ 2,148,793 Capital Outlay - Shop Stock $ 250,000

Capital Outlay - Heritage Trust $ 175,000 Authority Lease Rentals $ 2,533,000 Cost of Material for Resale $

739,010 Payments to Lake Lanier Islands Development Authority for Operations $ 486,889 Payments to Lake

Lanier Islands Development Authority for Capital Outlay $ 395,000 Payments to Jekyll Island State Park Authority

for Operations $ -0- Payments to Jekyll Island State Park Authority for Capital Outlay $ -0- Contract - Special

Olympics, Inc. $ 121,000 Grants to Local Governments $ -0- Georgia Sports Hall of Fame $ 50,000 Capital

Outlay - Heritage Trust - Wildlife Management Area Land Acquisition $ 330,000 Payments to Stone Mountain

Memorial Association $ 1,007,000 Total Positions Budgeted 1,319 Authorized Motor Vehicles 986 Provided,

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

without the approval of the State Properties Control Commission, except that land specifically provided for in this

Section. Provided, however, that $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 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 to provide for the most immediate critical needs of the

Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites

facilities. Provided, however, that of the above appropriation relative to Per Diem, Fees and Contracts, $25,000 is

designated and committed for planning a Presidential Library. B. Budget Unit: Authorities $ -0- 1. Lake Lanier

Islands Development Authority Budget: Personal Services $ 1,212,624 Regular Operating Expenses $ 488,407

Travel $ 3,500 Motor Vehicle Equipment Purchases $ 18,400 Publications and Printing $ 40,405 Equipment

Purchases $ 75,385 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 20,352 Per

Diem, Fees and Contracts $ 30,000 Capital Outlay $ 395,000 Campground Sinking Fund $ 5,386 Promotion

Expenses $ -0- Total Funds Budgeted $ 2,289,459 State Funds Budgeted $ -0- Total Positions Budgeted 59

2. Jekyll Island State Park Authority Budget: Personal Services $ 1,979,009 Regular Operating Expenses $

1,265,476 Travel $ 15,700 Motor Vehicle Equipment Purchases $ 61,000 Publications and Printing $ 35,855

Equipment Purchases $ 91,245 Computer Charges $ 14,000 Real Estate Rentals $ -0- Telecommunications $

30,588 Per Diem, Fees and Contracts $ 65,002 Mortgage Payments $ -0- Capital Outlay $ 19,100

Promotion Expenses $ -0- Payments to the Department of Natural Resources $ 20,000 Total Funds Budgeted $

3,596,975 State Funds Budgeted $ -0- Total Positions Budgeted 155

Budget Unit Object Classes:

Personal Services $ 3,191,633 Regular Operating Expenses $ 1,753,883 Travel $ 19,200 Motor Vehicle Equipment Purchases $ 79,400 Publications and Printing $ 76,260 Equipment $ 166,630 Computer Charges $ 14,000 Real Estate Rentals $ -0- Telecommunications $ 50,940 Per Diem, Fees and Contracts $ 95,002 Capital Outlay $ 414,100 Promotion Expense $ -0- Campground Sinking Fund $ 5,386 Payments to the Department of Natural Resources $ 20,000 Mortgage Payments $ -0- Total Positions Budgeted 214 Authorized Motor Vehicles 91

Page 313

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 $

117,290,942 1. General Administration and Support Budget: Personal Services $ 3,994,630 Regular Operating

Expenses $ 209,575 Travel $ 85,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $

-0- Equipment Purchases $ 39,000 Computer Charges $ 441,212 Real Estate Rentals $ 225,000

Telecommunications $ 142,575 Per Diem, Fees and Contracts $ 405,000 Utilities $ -0- Total Funds Budgeted

$ 5,542,192 State Funds Budgeted $ 5,542,192 Total Positions Budgeted 216

2. Georgia Training and

Development Center Budget: Personal Services $ 1,111,829 Regular Operating Expenses $ 105,448 Travel $

1,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $

11,992 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 10,735 Per Diem, Fees

and Contracts $ 20,000 Utilities $ 89,000 Total Funds Budgeted $ 1,350,004 State Funds Budgeted $

1,350,004 Total Positions Budgeted 68

3. Georgia Industrial Institute Budget: Personal Services $

3,899,467 Regular Operating Expenses $ 404,557 Travel $ 3,520 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ -0- Equipment Purchases $ 220,616 Computer Charges $ -0- Real Estate Rentals $

35 Telecommunications $ 33,000 Per Diem, Fees and Contracts $ 6,192 Utilities $ 341,000 Capital Outlay

$ 17,000 Total Funds Budgeted $ 4,925,387 State Funds Budgeted $ 4,925,387 Total Positions Budgeted 258

4. Alto Education and Evaluation Center Budget: Personal Services $ 1,088,411 Regular Operating Expenses $

64,253 Travel $ 2,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment

Purchases $ 19,741 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 3,085 Per

Diem, Fees and Contracts $ -0- Utilities $ -0- Total Funds Budgeted $ 1,177,690 State Funds Budgeted $

955,690 Total Positions Budgeted 51

5. Georgia Diagnostic and Classification Center Budget: Personal

Services $ 4,191,183 Regular Operating Expenses $ 490,566 Travel $ 2,530 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 55,543 Computer Charges $ -0-

Real Estate Rentals $ -0- Telecommunications $ 37,160 Per Diem, Fees and Contracts $ 26,170 Utilities $

336,500 Total Funds Budgeted $ 5,139,652 State Funds Budgeted $ 5,139,652 Total Positions Budgeted 281

6. Georgia State Prison Budget: Personal Services $ 8,838,509 Regular Operating Expenses $ 941,671 Travel

$ 6,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $

114,466 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 54,540 Per Diem, Fees

and Contracts $ 51,600 Utilities $ 835,000 Capital Outlay $ -0- Total Funds Budgeted $ 10,842,286 State

Funds Budgeted $ 10,810,286 Total Positions Budgeted 611

7. Consolidated Branches Budget: Personal

Services $ 3,332,044 Regular Operating Expenses $ 313,435 Travel $ 5,300 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 24,519 Computer Charges $ -0-

Real Estate Rentals $ -0- Telecommunications $ 39,188 Per Diem, Fees and Contracts $ 55,520 Utilities $

245,000 Total Funds Budgeted $ 4,015,006 State Funds Budgeted $ 3,843,006 Total Positions Budgeted 221

8. Lee Correctional Institution Budget: Personal Services $ 1,567,265 Regular Operating Expenses $ 163,047

Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases

$ 54,799 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 15,888 Per Diem, Fees

and Contracts $ 8,820 Utilities $ 160,000 Total Funds Budgeted $ 1,971,819 State Funds Budgeted $

1,971,819 Total Positions Budgeted 122

9. Montgomery Correctional Institution Budget: Personal

Services $ 965,707 Regular Operating Expenses $ 123,413 Travel $ 1,600 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 14,531 Computer Charges $ -0-

Real Estate Rentals $ -0- Telecommunications $ 13,520 Per Diem, Fees and Contracts $ 14,640 Utilities $

102,500 Capital Outlay $ -0- Total Funds Budgeted $ 1,235,911 State Funds Budgeted $ 1,227,911 Total

Positions Budgeted 61

10. Walker Correctional Institution Budget: Personal Services $ 957,700 Regular

Operating Expenses $ 135,194 Travel $ 2,400 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ -0- Equipment Purchases $ 19,923 Computer Charges $ -0- Real Estate Rentals $ -0-

Telecommunications $ 16,260 Per Diem, Fees and Contracts $ 20,400 Utilities $ 98,600 Total Funds Budgeted

$ 1,250,477 State Funds Budgeted $ 1,245,477 Total Positions Budgeted 64

11. Middle Georgia

Correctional Institution - Women's Unit Budget: Personal Services $ 1,635,077 Regular Operating Expenses $

92,476 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment

Purchases $ 2,516 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem,

Fees and Contracts $ 7,500 Utilities $ -0- Total Funds Budgeted $ 1,737,569 State Funds Budgeted $

1,737,569 Total Positions Budgeted 114

12. Jack T. Rutledge Correctional Institution Budget: Personal

Services $ 2,140,692 Regular Operating Expenses $ 212,033 Travel $ 2,000 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 13,227 Computer Charges $ -0-

Real Estate Rentals $ -0- Telecommunications $ 12,000 Per Diem, Fees and Contracts $ 19,200 Utilities $

180,000 Total Funds Budgeted $ 2,579,152 State Funds Budgeted $ 2,579,152 Total Positions Budgeted 147

13. Middle Georgia Correctional Institution - Youthful Offender Unit Budget: Personal Services $ 3,384,737

Regular Operating Expenses $ 493,975 Travel $ 5,600 Motor Vehicle Equipment Purchases $ -0- Publications

and Printing $ -0- Equipment Purchases $ 21,848 Computer Charges $ -0- Real Estate Rentals $ 3,300

Telecommunications $ 63,200 Per Diem, Fees and Contracts $ 12,000 Utilities $ 189,700 Payments to Central

State Hospital for Utilities $ 345,000 Total Funds Budgeted $ 4,519,360 State Funds Budgeted $ 4,519,360

Total Positions Budgeted 236

14. Central Correctional Institution Budget: Personal Services $ 1,941,617

Regular Operating Expenses $ 200,012 Travel $ 2,700 Motor Vehicle Equipment Purchases $ -0- Publications

and Printing $ -0- Equipment Purchases $ 7,815 Computer Charges $ -0- Real Estate Rentals $ -0-

Telecommunications $ 12,700 Per Diem, Fees and Contracts $ 11,400 Utilities $ 158,000 Total Funds

Budgeted $ 2,334,244 State Funds Budgeted $ 2,334,244 Total Positions Budgeted 139

15. Middle

Georgia Correctional Institution - Men's Unit Budget: Personal Services $ 1,582,374 Regular Operating Expenses

$ 95,731 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment

Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem,

Fees and Contracts $ 16,500 Utilities $ -0- Payments to Central State Hospital for Utilities $ -0- Total Funds

Budgeted $ 1,694,605 State Funds Budgeted $ 1,694,605 Total Positions Budgeted 107

16. Metro

Correctional Institution Budget: Personal Services $ 1,440,191 Regular Operating Expenses $ 269,346 Travel

$ 5,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $

168,036 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 20,700 Per Diem, Fees

and Contracts $ 70,200 Utilities $ 150,000 Capital Outlay $ -0- Total Funds Budgeted $ 2,123,873 State

Funds Budgeted $ 2,123,873 Total Positions Budgeted 154

17. Coastal Correctional Institution Budget:

Personal Services $ 1,327,939 Regular Operating Expenses $ 592,020 Travel $ 5,400 Motor Vehicle

Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 580,554 Computer Charges

$ -0- Real Estate Rentals $ 13,200 Telecommunications $ 20,700 Per Diem, Fees and Contracts $ 21,300

Utilities $ 150,000 Capital Outlay $ -0- Total Funds Budgeted $ 2,711,113 State Funds Budgeted $ 2,641,113

Total Positions Budgeted 158

18. Central Institutional Administration Budget: Personal Services $ 398,965

Regular Operating Expenses $ 26,995 Travel $ 20,000 Motor Vehicle Equipment Purchases $ -0- Publications

and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 4,200

Telecommunications $ 15,319 Per Diem, Fees and Contracts $ -0- Utilities $ -0- Total Funds Budgeted $

465,479 State Funds Budgeted $ 465,479 Total Positions Budgeted 17

19. Central Funds Budget:

Personal Services $ 701,377 Regular Operating Expenses $ 1,328,001 Travel $ 37,048 Motor Vehicle

Equipment Purchases $ 384,100 Publications and Printing $ 137,500 Equipment Purchases $ 88,609 Computer

Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 55,000 Per Diem, Fees and Contracts $

979,485 Utilities $ 410,000 Authority Lease Rentals $ 840,000 Overtime $ -0- Court Costs $ 250,000

Inmate Release Funds $ 450,000 County Subsidy $ 4,624,550 County Subsidy for Jails $ 383,250 Outside

Health Service Purchases $ 1,265,017 Central Repair Fund $ 610,000 Payments to Talmadge Memorial Hospital

$ 977,200 Payments to Central State Hospital for Medical Services $ 1,148,300 Capital Outlay $ 22,406,390

Total Funds Budgeted $ 37,075,827 State Funds Budgeted $ 36,909,126 Total Positions Budgeted 9

20.

Training and Staff Development Center Budget: Personal Services $ 508,048 Regular Operating Expenses $

115,492 Travel $ 81,613 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 660

Equipment Purchases $ 3,080 Computer Charges $ -0- Real Estate Rentals $ 30,000 Telecommunications $

7,250 Per Diem, Fees and Contracts $ -0- Utilities $ 15,200 Total Funds Budgeted $ 761,343 State Funds

Budgeted $ 456,371 Total Positions Budgeted 30

21. D.O.T. Work Details Budget: Personal Services $

399,035 Regular Operating Expenses $ 8,943 Travel $ -0- Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0-

Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Utilities $ -0- Total Funds Budgeted $ 407,978

State Funds Budgeted $ -0- Total Positions Budgeted 26

22. Food Processing and Distribution Budget:

Personal Services $ 1,833,611 Regular Operating Expenses $ 3,370,185 Travel $ 3,500 Motor Vehicle

Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 210,000 Computer Charges

$ -0- Real Estate Rentals $ -0- Telecommunications $ 5,000 Per Diem, Fees and Contracts $ -0- Utilities $

-0- Capital Outlay $ -0- Payments to Central State Hospital for Meals $ 1,317,200 Payments to Central State

Hospital for Utilities $ 25,000 Total Funds Budgeted $ 6,764,496 State Funds Budgeted $ 6,396,788 Total

Positions Budgeted 148

23. Farm Operations Budget: Personal Services $ 459,069 Regular Operating

Expenses $ 2,680,555 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0-

Equipment Purchases $ 313,530 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0-

Per Diem, Fees and Contracts $ 6,600 Utilities $ -0- Capital Outlay $ -0- Total Funds Budgeted $ 3,459,754

State Funds Budgeted $ 3,419,754 Total Positions Budgeted 28

24. Probation Operations Budget:

Personal Services $ 9,387,842 Regular Operating Expenses $ 247,035 Travel $ 240,000 Motor Vehicle

Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 40,430 Computer Charges

$ -0- Real Estate Rentals $ 201,300 Telecommunications $ 155,000 Per Diem, Fees and Contracts $ 15,600

Utilities $ 6,000 Total Funds Budgeted $ 10,293,207 State Funds Budgeted $ 10,293,207 Total Positions

Budgeted 576

25. Transitional Centers Budget: Personal Services $ 1,786,170 Regular Operating

Expenses $ 164,684 Travel $ 9,450 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0-

Equipment Purchases $ 9,465 Computer Charges $ -0- Real Estate Rentals $ 219,200 Telecommunications $

28,300 Per Diem, Fees and Contracts $ 37,644 Utilities $ 187,700 Capital Outlay $ -0- Total Funds

Budgeted $ 2,442,613 State Funds Budgeted $ 2,441,879 Total Positions Budgeted 120

26. Diversion

Centers Budget: Personal Services $ 1,993,096 Regular Operating Expenses $ 168,645 Travel $ 16,000

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 35,035

Computer Charges $ -0- Real Estate Rentals $ 196,196 Telecommunications $ 32,300 Per Diem, Fees and

Contracts $ 13,026 Utilities $ 112,700 Total Funds Budgeted $ 2,566,998 State Funds Budgeted $ 2,266,998

Total Positions Budgeted 145

Budget Unit Object Classes:

Personal Services $ 60,866,585 Regular

Operating Expenses $ 13,017,287 Travel $ 540,961 Motor Vehicle Equipment Purchases $ 384,100

Publications and Printing $ 138,160 Equipment Purchases $ 2,069,275 Computer Charges $ 441,212 Real

Estate Rentals $ 892,431 Telecommunications $ 793,420 Per Diem, Fees and Contracts $ 1,818,797 Utilities $

3,766,900 Payments to Central State Hospital for Meals $ 1,317,200 Payments to Central State Hospital for

Utilities $ 370,000 Overtime $ -0- Court Costs $ 250,000 Inmate Release Funds $ 450,000 County Subsidy

$ 4,624,550 County Subsidy for Jails $ 383,250 Outside Health Service Purchases $ 1,265,017 Payments to

Talmadge Memorial Hospital $ 977,200 Central Repair Fund $ 610,000 Payments to Central State Hospital for

Medical Services $ 1,148,300 Authority Lease Rentals $ 840,000 Capital Outlay $ 22,423,390 Total Positions

Budgeted $ 4,107 Authorized Motor Vehicles $ 460 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. 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 $ 4,272,807 Board of Pardons and Paroles Budget:

Personal Services $ 4,051,308 Regular Operating Expenses $ 111,954 Travel $ 231,503 Motor Vehicle

Equipment Purchases $ -0- Publications and Printing $ 16,733 Equipment Purchases $ 15,646 Computer

Charges $ -0- Real Estate Rentals $ 114,703 Telecommunications $ 93,400 Per Diem, Fees and Contracts $

20,690 County Jail Subsidy $ 54,750 Total Funds Budgeted $ 4,710,687 State Funds Budgeted $ 4,272,807

Total Positions Budgeted 237

Budget Unit Object Classes:

Personal Services $ 4,051,308 Regular

Operating Expenses $ 111,954 Travel $ 231,503 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 16,733 Equipment Purchases $ 15,646 Computer Charges $ -0- Real Estate Rentals $ 114,703

Telecommunications $ 93,400 Per Diem, Fees and Contracts $ 20,690 County Jail Subsidy $ 54,750 Total

Positions Budgeted 237 Authorized Motor Vehicles 2

C. Budget Unit: Georgia Correctional Industries $ -0-

Georgia Correctional Industries Budget: Personal Services $ 1,231,244 Regular Operating Expenses $ 513,300

Travel $ 28,600 Motor Vehicle Equipment Purchases $ 97,000 Publications and Printing $ 15,000 Equipment

Purchases $ 208,000 Computer Charges $ 2,600 Real Estate Rentals $ 22,000 Telecommunications $ 34,550

Per Diem, Fees and Contracts $ 26,200 Cost of Sales $ 5,307,000 Repayment of Prior Year's Appropriations $

84,000 Capital Outlay $ 468,725 Total Funds Budgeted $ 8,038,219 State Funds Budgeted $ -0- Total

Positions Budgeted 66

Budget Unit Object Classes:

Personal Services $ 1,231,244 Regular Operating

Expenses $ 513,300 Travel $ 28,600 Motor Vehicle Equipment Purchases $ 97,000 Publications and Printing

$ 15,000 Equipment Purchases $ 208,000 Computer Charges $ 2,600 Real Estate Rentals $ 22,000

Telecommunications $ 34,550 Per Diem, Fees and Contracts $ 26,200 Cost of Sales $ 5,307,000 Repayment of Prior Year's Appropriations $ 84,000 Capital Outlay $ 468,725 Total Positions Budgeted 66 Authorized Motor Vehicles 16

Page 327

Section 34. Department of Public Safety. Budget Unit: Department of Public Safety $ 40,882,596 1. Office of

Highway Safety Budget: Personal Services $ 352,251 Regular Operating Expenses $ 18,900 Travel $ 17,000

Motor Vehicle Equipment Purchases $ 6,000 Publications and Printing $ 6,150 Equipment Purchases $ 2,650

Computer Charges $ 11,899 Real Estate Rentals $ 28,918 Telecommunications $ 12,600 Per Diem, Fees and

Contracts $ 35,000 Postage $ 4,500 Total Funds Budgeted $ 495,868 State Funds Budgeted $ 120,168

Total Positions Budgeted 16

2. Administration Budget: Personal Services $ 2,071,370 Regular Operating

Expenses $ 259,192 Travel $ 99,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $

311,500 Equipment Purchases $ 37,000 Computer Charges $ 146,147 Real Estate Rentals $ -0-

Telecommunications $ 70,000 Per Diem, Fees and Contracts $ 168,460 Postage $ 1,800 Total Funds Budgeted

$ 3,164,769 Indirect DOAS Services Funding $ 146,147 State Funds Budgeted $ 2,850,318 Total Positions

Budgeted 127

3. Financial and Procurement Budget: Personal Services $ 355,376 Regular Operating

Expenses $ 16,177 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $

3,000 Equipment Purchases $ 2,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications

$ 9,500 Per Diem, Fees and Contracts $ -0- Postage $ 2,000 Total Funds Budgeted $ 390,053 Indirect

DOAS Services Funding $ -0- State Funds Budgeted $ 390,053 Total Positions Budgeted 19

4. Driver

Support Budget: Personal Services $ 1,704,970 Regular Operating Expenses $ 100,997 Travel $ 12,950

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 536,040 Equipment Purchases $ 10,000

Computer Charges $ 1,503,853 Real Estate Rentals $ -0- Telecommunications $ 51,000 Per Diem, Fees and

Contracts $ 4,500 Postage $ 401,808 Conviction Reports $ 180,000 Capital Outlay $ -0- Total Funds

Budgeted $ 4,506,118 Indirect DOAS Services Funding $ 1,353,853 State Funds Budgeted $ 3,107,265 Total

Positions Budgeted 112

5. Personnel and Training Budget: Personal Services $ 488,589 Regular

Operating Expenses $ 41,250 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 4,000 Equipment Purchases $ 3,000 Computer Charges $ -0- Real Estate Rentals $ -0-

Telecommunications $ 17,000 Per Diem, Fees and Contracts $ -0- Postage $ 300 Total Funds Budgeted $

558,139 State Funds Budgeted $ 558,139 Total Positions Budgeted 28

6. Fiscal Management Budget:

Personal Services $ 759,728 Regular Operating Expenses $ 808,532 Travel $ 2,700 Motor Vehicle Equipment

Purchases $ 835,864 Publications and Printing $ 93,200 Equipment Purchases $ 10,000 Computer Charges $

10,000 Real Estate Rentals $ -0- Telecommunications $ 20,000 Per Diem, Fees and Contracts $ 6,000

Postage $ 70,100 Total Funds Budgeted $ 2,616,124 State Funds Budgeted $ 2,616,124 Total Positions

Budgeted 42

7. Field Operations Budget: Personal Services $ 22,793,511 Regular Operating Expenses $

4,171,626 Travel $ 23,047 Motor Vehicle Equipment Purchases $ 312,000 Publications and Printing $ 187,010

Equipment Purchases $ 262,321 Computer Charges $ -0- Real Estate Rentals $ 8,094 Telecommunications $

511,803 Per Diem, Fees and Contracts $ 7,400 Postage $ 75,490 Capital Outlay $ 15,000 Total Funds

Budgeted $ 28,367,302 State Funds Budgeted $ 28,092,302 Total Positions Budgeted 1,115

8. Georgia

Peace Officer Standards and Training Budget: Personal Services $ 534,153 Regular Operating Expenses $

1,706,490 Travel $ 24,700 Motor Vehicle Equipment Purchases $ 29,260 Publications and Printing $ 37,580

Equipment Purchases $ 2,235 Computer Charges $ 31,448 Real Estate Rentals $ 33,876 Telecommunications

$ 16,780 Per Diem, Fees and Contracts $ 16,500 Postage $ 4,000 Total Funds Budgeted $ 2,437,022 State

Funds Budgeted $ 2,212,022 Total Positions Budgeted 25

9. Police Academy: Personal Services $

378,449 Regular Operating Expenses $ 127,600 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 12,000 Equipment Purchases $ 4,375 Computer Charges $ -0- Real Estate Rentals

$ -0- Telecommunications $ 8,000 Per Diem, Fees and Contracts $ 146,000 Postage $ 2,000 Total Funds

Budgeted $ 684,424 State Funds Budgeted $ 449,424 Total Positions Budgeted 16

10. Fire Academy:

Personal Services $ 231,573 Regular Operating Expenses $ 36,289 Travel $ 10,500 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ -0- Computer Charges $ -0- Real

Estate Rentals $ 15,182 Telecommunications $ 5,882 Per Diem, Fees and Contracts $ 70,800 Postage $ 3,750

Total Funds Budgeted $ 376,476 State Funds Budgeted $ 359,476 Total Positions Budgeted 12

11.

Georgia Firefighter Standards and Training Council Budget: Personal Services $ 91,565 Regular Operating

Expenses $ 8,540 Travel $ 8,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,500

Equipment Purchases $ 5,000 Computer Charges $ -0- Real Estate Rentals $ 3,000 Telecommunications $

3,000 Per Diem, Fees and Contracts $ 3,000 Postage $ 900 Total Funds Budgeted $ 127,305 State Funds

Budgeted $ 127,305 Total Positions Budgeted 4

12. Organized Crime Prevention Council Budget:

Personal Services $ 84,564 Regular Operating Expenses $ 11,420 Travel $ 4,000 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 2,100 Equipment Purchases $ -0- Computer Charges $ -0- Real

Estate Rentals $ 4,883 Telecommunications $ 2,250 Per Diem, Fees and Contracts $ 2,600 Postage $ -0-

Total Funds Budgeted $ 111,817 State Funds Budgeted $ -0- Total Positions Budgeted 3

13. Georgia

Public Safety Training Facility 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- Capital Outlay $ -0-

Total Funds Budgeted $ -0- State Funds Budgeted $ -0- Total Positions Budgeted 0 Authorized Motor

Vehicles 0

Budget Unit Object Classes:

Personal Services $ 29,846,099 Regular Operating Expenses $

7,307,013 Travel $ 214,997 Motor Vehicle Equipment Purchases $ 1,183,124 Publications and Printing $

1,198,580 Equipment Purchases $ 338,581 Computer Charges $ 1,703,347 Real Estate Rentals $ 93,953

Telecommunications $ 727,815 Per Diem, Fees and Contracts $ 460,260 Postage $ 566,648 Conviction

Reports $ 180,000 Capital Outlay $ 15,000 Total Positions Budgeted 1,519 Authorized Motor Vehicles 1,037


Page 332

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,

Page 333

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 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 $ 11,365,435 Departmental Operations Budget: Payments to Employees' Retirement

System $ 147,335 Employer Contributions $ 11,218,100 Total Funds Budgeted $ 11,365,435 State Funds

Budgeted $ 11,365,435

Budget Unit Object Classes: Payments to Employees' Retirement System $ 147,335

Employer Contributions $ 11,218,100

Page 334

Section 36. Public Service Commission. Budget Unit: Public Service Commission $ 3,233,212 1. Administration

Budget: Personal Services $ 679,904 Regular Operating Expenses $ 15,825 Travel $ 13,225 Motor

Vehicle Equipment Purchases $ -0- Publications and Printing $ 850 Equipment Purchases $ 850 Computer

Charges $ -0- Real Estate Rentals $ 64,275 Telecommunications $ 27,200 Per Diem, Fees and Contracts $ 500

Total Funds Budgeted $ 802,629 State Funds Budgeted $ 802,629 Total Positions Budgeted 26

2.

Transportation Budget: Personal Services $ 829,721 Regular Operating Expenses $ 119,556 Travel $ 47,175

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,650 Equipment Purchases $ 20,200

Computer Charges $ -0- Real Estate Rentals $ 40,268 Telecommunications $ 19,500 Per Diem, Fees and

Contracts $ 3,500 Total Funds Budgeted $ 1,085,570 State Funds Budgeted $ 1,085,570 Total Positions

Budgeted 46

3. Utilities Budget: Personal Services $ 901,544 Regular Operating Expenses $ 42,665

Travel $ 66,350 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,400 Equipment

Purchases $ 15,700 Computer Charges $ 2,500 Real Estate Rentals $ 42,005 Telecommunications $ 31,000

Per Diem, Fees and Contracts $ 318,000 Total Funds Budgeted $ 1,421,164 State Funds Budgeted $ 1,345,013

Total Positions Budgeted 47

Budget Unit Object Classes:

Personal Services $ 2,411,169 Regular

Operating Expenses $ 178,046 Travel $ 126,750 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 7,900 Equipment Purchases $ 36,750 Computer Charges $ 2,500 Real Estate Rentals $ 146,548

Telecommunications $ 77,700 Per Diem, Fees and Contracts $ 322,000 Total Positions Budgeted 119

Authorized Motor Vehicles 26

Page 335

Section 37. Regents, University System of Georgia. A. Budget Unit: Resident Instruction and University System

Institutions $ 454,543,036 1. Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. $

337,792,669 Sponsored Operations $ 56,450,938 Operating Expenses: Educ., Gen., and Dept. Svcs. $

83,181,459 Sponsored Operations $ 43,685,655 Office of Minority Business Enterprise $ 100,000 Special

Desegregation Programs $ 250,000 Satellite Medical Facility Program $ 500,000 Teachers' Retirement $

39,739,358 Authority Lease Rentals $ 20,859,000 Capital Outlay $ 15,280,000 Total Funds Budgeted $

597,839,079 Less Agency Funds: Departmental Income $ 9,497,000 Sponsored Income $ 100,136,593

Other Funds $ 93,370,000 Auxiliary Income $ 2,777,000 Indirect Communication Charges $ 3,027,300 State

Funds Budgeted $ 389,031,186 Total Positions Budgeted 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. 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 Teacher's 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 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, $5,000,000 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. $ 471,538 Sponsored Operations $ -0- Operating Expenses:

Educ., Gen., and Dept. Svcs. $ 269,950 Sponsored Operations $ -0- Total Funds Budgeted $ 741,488 Less

Agency Funds: Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 112,000 Indirect

DOAS Services Funding $ 9,800 State Funds Budgeted $ 619,688 Total Positions Budgeted 21

3.

Skidaway Institute of Oceanography Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 641,549

Sponsored Operations $ 600,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 482,500 Sponsored

Operations $ 491,000 Total Funds Budgeted $ 2,215,049 Less Agency Funds: Departmental Income $ -0-

Sponsored Income $ 1,091,000 Other Funds $ 284,014 Indirect DOAS Services Funding $ -0- State Funds

Budgeted $ 840,035 Total Positions Budgeted 33

4. Marine Institute Budget: Personal Services:

Educ., Gen., and Dept. Svcs. $ 301,348 Sponsored Operations $ 387,711 Operating Expenses: Educ., Gen.,

and Dept. Svcs. $ 216,300 Sponsored Operations $ 208,768 Total Funds Budgeted $ 1,114,127 Less Agency

Funds: Departmental Income $ -0- Sponsored Income $ 596,479 Other Funds $ 10,000 Indirect DOAS

Services Funding $ -0- State Funds Budgeted $ 507,648 Total Positions Budgeted 18

5. Engineering

Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 6,785,249 Sponsored

Operations $ 17,702,237 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 5,644,100 Sponsored Operations

$ 14,523,181 Agricultural Research $ 60,000 Total Funds Budgeted $ 44,714,767 Less Agency Funds:

Departmental Income $ -0- Sponsored Income $ 32,225,418 Other Funds $ 8,190,301 Indirect DOAS Services

Funding $ 117,600 State Funds Budgeted $ 4,181,448 Total Positions Budgeted 273

6. Engineering

Extension Division Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 838,246 Sponsored Operations

$ 35,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 423,100 Sponsored Operations $ 15,000

Advanced Technology Development Center $ 260,000 Total Funds Budgeted $ 1,571,346 Less Agency Funds:

Departmental Income $ -0- Sponsored Income $ 50,000 Other Funds $ 834,966 Indirect DOAS Services

Funding $ 12,200 State Funds Budgeted $ 674,180 Total Positions Budgeted 44

7. Agricultural

Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 14,936,752 Sponsored

Operations $ 1,600,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 6,055,800 Sponsored Operations

$ 1,400,000 Capital Outlay $ -0- Total Funds Budgeted $ 23,992,552 Less Agency Funds: Departmental

Income $ -0- Sponsored Income $ 3,000,000 Other Funds $ 5,217,902 Indirect DOAS Services Funding $

95,900 State Funds Budgeted $ 15,678,750 Total Positions Budgeted 805

8. Cooperative Extension Service

Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 17,504,305 Sponsored Operations $ 4,050,000

Operating Expenses: Educ., Gen., and Dept. Svcs. $ 2,662,150 Sponsored Operations $ 1,350,000 Capital

Outlay $ 50,000 Total Funds Budgeted $ 25,616,455 Less Agency Funds: Departmental Income $ -0-

Sponsored Income $ 5,400,000 Other Funds $ 4,690,000 Indirect DOAS Services Funding $ 126,700 State

Funds Budgeted $ 15,399,755 Total Positions Budgeted 911

9. Eugene Talmadge Memorial Hospital Budget:

Personal Services: Educ., Gen., and Dept. Svcs. $ 33,205,048 Sponsored Operations $ 2,100,000 Operating

Expenses: Educ., Gen., and Dept. Svcs. $ 15,291,155 Sponsored Operations $ 700,000 Capital Outlay -

ETMH Renovations $ 2,300,000 Total Funds Budgeted $ 53,596,203 Less Agency Funds: Departmental

Income $ 867,019 Sponsored Income $ 2,800,000 Other Funds $ 25,330,439 Board of Corrections $

1,237,417 Indirect DOAS Services Funding $ 193,500 State Funds Budgeted $ 23,167,828 Total Positions

Budgeted 2,585

10. Veterinary Medicine Experiment Station Budget: Personal Services: Educ., Gen.,

and Dept. Svcs. $ 969,380 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $

333,700 Sponsored Operations $ -0- Disease Research $ 70,000 Total Funds Budgeted $ 1,373,080 Less

Agency Funds: Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ -0- Indirect DOAS

Services Funding $ -0- State Funds Budgeted $ 1,373,080 Total Positions Budgeted 33

11. Family

Practice Residency Program Budget: Personal Services: Educ., Gen., and Dept. Svcs $ 91,079 Operating

Expenses: Educ., Gen., and Dept. Svcs. $ 85,700 Capitation Contracts for Family Practice Residency $ 984,000

Residency Capitation Grants $ 1,275,000 New Program Development Contracts for Family Practice Residency $

300,000 Student Preceptorships $ 135,000 Total Funds Budgeted $ 2,870,779 State Funds Budgeted $

2,870,779 Total Positions Budgeted 4 Provided, that of the above appropriation, $135,000 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. 12. Georgia Radiation

Therapy Center Budget: Personal Services: Educ., Gen., and Dept. Svcs $ 318,234 Sponsored Operations $

-0- Operating Expenses: Educ., Gen., and Dept. Svcs $ 180,425 Sponsored Operations $ -0- Total Funds

Budgeted $ 498,659 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ -0- Other

Funds $ 300,000 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 198,659 Total Positions

Budgeted 30

Budget Unit Object Classes:

Personal Services: Educ., Gen., and Dept. Svcs. $

413,855,397 Sponsored Operations $ 82,925,886 Operating Expenses: Educ., Gen., and Dept. Svcs. $

114,826,339 Sponsored Operations $ 62,373,604 Office of Minority Business Enterprise $ 100,000 Special

Desegregation Programs $ 250,000 Satellite Medical Facility Program $ 500,000 Agricultural Research $ 60,000

Disease Research $ 70,000 Advanced Technology Development Center $ 260,000 Capitation Contracts for Family

Practice Residency $ 984,000 New Program Development Contracts for Family Practice Residency $ 300,000

Residency Capitation Grants $ 1,275,000 Student Preceptorships $ 135,000 Teachers' Retirement $ 39,739,358

Authority Lease Rentals $ 20,859,000 Capital Outlay - ETMH Renovations $ 2,300,000 Capital Outlay $

15,330,000 Total Positions Budgeted 20,390

B. Budget Unit: Regents Central Office $ 13,242,028 1.

Regents Central Office Budget: Personal Services $ 2,370,300 Operating Expenses $ 709,268 SREB

Payments $ 3,097,050 Medical Scholarships $ 492,500 Regents Opportunity Grants $ 500,000 Regents

Scholarships $ 200,000 Grants to Junior Colleges $ 5,682,910 Rental Payments to Georgia Military College $

190,000 Total Funds Budgeted $ 13,242,028 State Funds Budgeted $ 13,242,028 Total Positions Budgeted 99

Budget Unit Object Classes:

Personal Services $ 2,370,300 Operating Expenses $ 709,268 SREB Payments

$ 3,097,050 Medical Scholarships $ 492,500 Regents Opportunity Grants $ 500,000 Regents Scholarships $

200,000 Grants to Junior Colleges $ 5,682,910 Rental Payments to Georgia Military College $ 190,000 Total

Positions Budgeted 99 Authorized Motor Vehicles 0

Page 344

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. It

is the intent of the General Assembly that the State shall provide no more than 50 percent of The School of Medicine at

Morehouse College's total operating cost. Provided, further, quarterly expenditure reports and certified annual audits shall

be provided to the State Auditor and General Assembly on a timely basis. Section 38. Department of Revenue. Budget

Unit: Department of Revenue $ 31,760,134 1. Departmental Administration Budget: Personal Services $

821,900 County Tax Officials/Retirement and FICA $ 546,000 Regular Operating Expenses $ 45,706 Travel $

15,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,000 Equipment Purchases $

-0- Computer Charges $ 11,300 Real Estate Rentals $ -0- Telecommunications $ 18,860 Per Diem, Fees

and Contracts $ 6,000 Postage $ 120 Total Funds Budgeted $ 1,484,986 Indirect Georgia Building Authority

Rents $ -0- State Funds Budgeted $ 1,484,986 Total Positions Budgeted 31

2. Motor Vehicle

Administration Budget: Personal Services $ 3,754,228 Regular Operating Expenses $ 176,165 Travel $ 5,400

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 230,000 Equipment Purchases $ 303,244

Computer Charges $ 1,732,621 Real Estate Rentals $ -0- Telecommunications $ 66,300 Per Diem, Fees and

Contracts $ -0- Motor Vehicle Tag Purchases $ 4,134,000 Motor Vehicle Decal Purchases $ 434,000 Postage

$ -0- Total Funds Budgeted $ 10,835,958 Indirect DOAS Services Funding $ 1,050,000 State Funds Budgeted

$ 9,785,958 Total Positions Budgeted 259 Provided, that of the above appropriated amount relating to motor vehicle

tag purchases, $4,134,000 is designated and committed for use in contracting with the Department of Offender

Rehabilitation for the production of at least 4,300,000 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 $ 1,069,956 Regular Operating Expenses $ 63,085 Travel $ 62,900 Motor Vehicle Equipment

Purchases $ 6,600 Publications and Printing $ 74,000 Equipment Purchases $ 2,381 Computer Charges $

303,400 Real Estate Rentals $ -0- Telecommunications $ 19,550 Per Diem, Fees and Contracts $ 121,000

Loans to Counties/Property Reevaluation $ -0- Grants to Counties/Appraisal Staff $ 1,429,000 Intangible Tax

Equalization Fund $ -0- Postage $ 12,000 Total Funds Budgeted $ 3,163,872 Repayment of Loans to

Counties/Property Revaluation $ -0- Indirect DOAS Services Funding $ 250,000 State Funds Budgeted $

2,913,872 Total Positions Budgeted 62 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 $ 1,291,000 Regular Operating Expenses $ 15,424 Travel $ 3,400 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 62,000 Equipment Purchases $ 3,380 Computer Charges $

470,200 Real Estate Rentals $ -0- Telecommunications $ 22,940 Per Diem, Fees and Contracts $ -0-

Postage $ 74,000 Total Funds Budgeted $ 1,942,344 Indirect DOAS Services Funding $ 305,000 State Funds

Budgeted $ 1,637,344 Total Positions Budgeted 85

5. Motor Fuel Taxation Budget: Personal Services $

570,000 Regular Operating Expenses $ 8,475 Travel $ 2,600 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 55,000 Equipment Purchases $ 2,640 Computer Charges $ 282,355 Real Estate

Rentals $ -0- Telecommunications $ 11,700 Per Diem, Fees and Contracts $ -0- Postage $ -0- Total Funds

Budgeted $ 932,770 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 832,770 Total

Positions Budgeted 37

6. Income Taxation Budget: Personal Services $ 2,035,259 Regular Operating

Expenses $ 44,181 Travel $ 3,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $

312,500 Equipment Purchases $ 11,110 Computer Charges $ 1,843,508 Real Estate Rentals $ -0-

Telecommunications $ 35,900 Per Diem, Fees and Contracts $ -0- Postage $ 190,000 Total Funds Budgeted $

4,475,758 Indirect DOAS Services Funding $ 1,500,000 State Funds Budgeted $ 2,975,758 Total Positions

Budgeted 123

7. Central Audit Budget: Personal Services $ 2,030,000 Regular Operating Expenses $

10,700 Travel $ 370,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500

Equipment Purchases $ 5,600 Computer Charges $ 2,970 Real Estate Rentals $ 9,975 Telecommunications $

13,590 Per Diem, Fees and Contracts $ -0- Postage $ 50 Total Funds Budgeted $ 2,445,385 State Funds

Budgeted $ 2,445,385 Total Positions Budgeted 78

8. Field Audit Services Budget: Personal Services $

5,346,762 Regular Operating Expenses $ 190,060 Travel $ 351,524 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 33,000 Equipment Purchases $ 12,300 Computer Charges $ 95,000 Real Estate

Rentals $ 137,600 Telecommunications $ 145,980 Per Diem, Fees and Contracts $ -0- Postage $ 43,000

Total Funds Budgeted $ 6,355,226 Indirect DOAS Services Funding $ 50,000 State Funds Budgeted $ 6,301,226

Total Positions Budgeted 295

9. Internal Administration Budget: Personal Services $ 1,084,000 Regular

Operating Expenses $ 137,869 Travel $ 1,000 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 275,000 Equipment Purchases $ 1,000 Computer Charges $ 63,600 Real Estate Rentals $ 812,486

Telecommunications $ 12,880 Per Diem, Fees and Contracts $ -0- Postage $ 995,000 Total Funds Budgeted $

3,382,835 Indirect Georgia Building Authority Rents $ -0- State Funds Budgeted $ 3,382,835 Total Positions

Budgeted 70

Budget Unit Object Classes:

Personal Services $ 18,003,105 County Tax

Officials/Retirement and FICA $ 546,000 Regular Operating Expenses $ 691,665 Travel $ 815,224 Motor

Vehicle Equipment Purchases $ 6,600 Publications and Printing $ 1,064,000 Equipment Purchases $ 341,655

Computer Charges $ 4,804,954 Real Estate Rentals $ 960,061 Telecommunications $ 347,700 Per Diem, Fees

and Contracts $ 127,000 Loans to Counties/Property Reevaluation $ -0- Grants to Counties/Appraisal Staff $

1,429,000 Motor Vehicle Tag Purchases $ 4,134,000 Motor Vehicle Decal Purchases $ 434,000 Intangible Tax

Equalization Fund $ -0- Postage $ 1,314,170 Total Positions Budgeted 1,040 Authorized Motor Vehicles 111


Page 349

Section 39. Secretary of State. A. Budget Unit: Secretary of State $ 11,155,253 1. Occupational Certification Budget: Personal Services $ 2,200,058 Regular Operating Expenses $ 808,422 Travel $ 119,237 Motor Vehicle Equipment Purchases $ 27,500 Publications and Printing $ 100,180 Equipment Purchases $ 24,378 Computer Charges $ 290,944 Real Estate Rentals $ 210,728 Telecommunications $ 65,965 Per Diem, Fees and Contracts $ 348,375 Total Funds Budgeted $ 4,195,787 State Funds Budgeted $ 4,195,787 Total Positions Budgeted 131

Page 350

Occupational Certificate Functional Budgets Cost of Operations

Accounting $ 221,955 Architect $ 57,074

Athletic Trainers $ 3,363 Auctioneers $ 30,549 Barbers $ 145,762 Chiropractic $ 19,910 Construction Industry

$ 208,977 Cosmetology $ 456,992 Dentistry $ 164,492 Engineers $ 299,304 Forestry $ 6,150 Funeral Service

$ 112,705 Geology $ 14,203 Hearing Aid $ 19,617 Landscape Architect $ 15,713 Librarians $ 2,882 Marriage

and Family Counselors $ 24,032 Medical Examiners $ 743,681 Nursing Home Administrators $ 22,011 Board of

Nursing $ 493,142 Dispensing Opticians $ 33,521 Optometry $ 19,442 Occupational Therapy $ 8,036 Pest

Control $ 32,234 Pharmacy $ 208,429 Physical Therapy $ 26,905 Podiatry $ 9,692 Polygraph Examiners $

20,351 Practical Nursing $ 158,624 Private Detective $ 183,393 Psychologists $ 44,090 Recreation $ 13,172

Sanitarian $ 12,766 Speech Pathology $ 23,307 Used Car Dealers $ 69,459 Used Car Parts $ 41,383 Veterinary

$ 31,881 Wastewater $ 26,030 Well Water $ 10,726 Administration $ 237,964 Investigative $ 61,668 Total $

4,335,587

Page 352

2. Securities Regulation Budget: Personal Services $ 367,080 Regular Operating Expenses $ 32,870 Travel

$ 8,000 Motor Vehicle Equipment Purchases $ 5,500 Publications and Printing $ 3,000 Equipment Purchases $

3,240 Computer Charges $ 13,165 Real Estate Rentals $ 17,290 Telecommunications $ 7,500 Per Diem,

Fees and Contracts $ 1,500 Total Funds Budgeted $ 459,145 State Funds Budgeted $ 459,145 Total Positions

Budgeted 17

3. Corporations Regulation Budget: Personal Services $ 445,421 Regular Operating

Expenses $ 23,240 Travel $ 1,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $

28,400 Equipment Purchases $ 2,825 Computer Charges $ 73,540 Real Estate Rentals $ 51,178

Telecommunications $ 15,000 Per Diem, Fees and Contracts $ -0- Postage $ 30,000 Total Funds Budgeted $

670,604 State Funds Budgeted $ 670,604 Total Positions Budgeted 30

4. Drugs and Narcotics Budget:

Personal Services $ 375,227 Regular Operating Expenses $ 34,025 Travel $ 25,000 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 300 Equipment Purchases $ 380 Computer Charges $ -0- Real

Estate Rentals $ 5,782 Telecommunications $ 5,400 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted

$ 446,114 State Funds Budgeted $ 446,114 Total Positions Budgeted 15

5. Archives and Records Budget:

Personal Services $ 1,534,944 Regular Operating Expenses $ 153,379 Travel $ 33,628 Motor Vehicle

Equipment Purchases $ -0- Publications and Printing $ 18,000 Equipment Purchases $ 36,290 Computer

Charges $ 5,000 Real Estate Rentals $ 27,043 Telecommunications $ 43,320 Per Diem, Fees and Contracts $

17,140 Authority Lease Rentals $ 1,273,667 Total Funds Budgeted $ 3,142,411 State Funds Budgeted $

3,060,326 Total Positions Budgeted 89

6. General Services Budget: Personal Services $ 633,438

Regular Operating Expenses $ 48,505 Travel $ 1,950 Motor Vehicle Equipment Purchases $ -0- Publications

and Printing $ 100,000 Equipment Purchases $ 2,027 Computer Charges $ -0- Real Estate Rentals $ 6,085

Telecommunications $ 15,847 Per Diem, Fees and Contracts $ 3,000 Total Funds Budgeted $ 810,852 State

Funds Budgeted $ 810,852 Total Positions Budgeted 37

7. Internal Administration Budget: Personal

Services $ 559,599 Regular Operating Expenses $ 87,065 Travel $ 4,000 Motor Vehicle Equipment Purchases

$ -0- Publications and Printing $ 71,950 Equipment Purchases $ 972 Computer Charges $ 6,000 Real Estate

Rentals $ 29,365 Telecommunications $ 15,000 Per Diem, Fees and Contracts $ 11,000 Total Funds Budgeted

$ 784,951 State Funds Budgeted $ 784,951 Total Positions Budgeted 30

8. State Campaign and Financial

Disclosure Commission Budget: Personal Services $ 61,190 Regular Operating Expenses $ 9,830 Travel $

3,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $

-0- Computer Charges $ -0- Real Estate Rentals $ 5,332 Telecommunications $ 3,000 Per Diem, Fees and

Contracts $ 7,500 Total Funds Budgeted $ 100,052 State Funds Budgeted $ 100,052 Total Positions Budgeted

3

9. Elections and Campaign Disclosure Budget: Personal Services $ 186,637 Regular Operating Expenses

$ 25,185 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000

Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 3,700

Per Diem, Fees and Contracts $ 900 Election Expenses $ 400,000 Total Funds Budgeted $ 627,422 State

Funds Budgeted $ 627,422 Total Positions Budgeted 10

Budget Unit Object Classes:

Personal Services

$ 6,363,594 Regular Operating Expenses $ 1,222,521 Travel $ 201,015 Motor Vehicle Equipment Purchases $

33,000 Publications and Printing $ 337,830 Equipment Purchases $ 70,112 Computer Charges $ 388,649

Real Estate Rentals $ 352,803 Telecommunications $ 174,732 Per Diem, Fees and Contracts $ 389,415

Election Expenses $ 400,000 Postage $ 30,000 Authority Lease Rentals $ 1,273,667 Total Positions Budgeted

362 Authorized Motor Vehicles 69

B. Budget Unit: Real Estate Commission $ 799,981 Real Estate

Commission Budget: Personal Services $ 422,300 Regular Operating Expenses $ 163,640 Travel $ 11,000

Motor Vehicle Equipment Purchases $ 10,000 Publications and Printing $ 28,000 Equipment Purchases $ 1,840

Computer Charges $ 51,501 Real Estate Rentals $ 27,300 Telecommunications $ 13,600 Per Diem, Fees and

Contracts $ 70,800 Total Funds Budgeted $ 799,981 State Funds Budgeted $ 799,981 Total Positions

Budgeted 27

Page 356

Real Estate Commission Functional Budget State Funds Cost of Operations Pos.

Real Estate

Commission $ 799,981 $ 833,555 27 Budget Unit Object Classes: Personal Services $ 422,300 Regular

Operating Expenses $ 163,640 Travel $ 11,000 Motor Vehicle Equipment Purchases $ 10,000 Publications and

Printing $ 28,000 Equipment Purchases $ 1,840 Computer Charges $ 51,501 Real Estate Rentals $ 27,300

Telecommunications $ 13,600 Per Diem, Fees and Contracts $ 70,800 Total Positions Budgeted 27 Authorized

Motor Vehicles 11 Section 40. Georgia Student Finance Commission. Budget Unit: Georgia Student Finance

Commission $ 14,260,727 1. Internal Administration Activity Budget: Personal Services $ 1,174,872 Regular

Operating Expenses $ 114,298 Travel $ 27,280 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 42,400 Equipment Purchases $ 11,950 Computer Charges $ 116,486 Real Estate Rentals $ 69,518

Telecommunications $ 40,337 Per Diem, Fees and Contracts $ 100,250 Total Funds Budgeted $ 1,697,391

State Funds Budgeted $ -0- Total Positions Budgeted 70

2. Higher Education Assistance Corporation Budget:

Payment of Interest and Fees $ 679,000 Total Funds Budgeted $ 679,000 State Funds Budgeted $ 601,000

Total Positions Budgeted 0

3. Georgia Student Finance Authority Budget: Guaranteed Educational Loans $

2,680,000 Tuition Equalization Grants $ 9,110,027 Student Incentive Grants $ 3,516,622 North Georgia

College ROTC Grants $ 127,500 Law Enforcement Personnel Dependents' Grants $ 32,000 Total Funds Budgeted

$ 15,466,149 State Funds Budgeted $ 13,659,727 Total Positions Budgeted 0

Budget Unit Object Classes:

Personal Services $ 1,174,872 Regular Operating Expenses $ 114,298 Travel $ 27,280 Motor Vehicle

Equipment Purchases $ -0- Publications and Printing $ 42,400 Equipment Purchases $ 11,950 Computer

Charges $ 116,486 Real Estate Rentals $ 69,518 Telecommunications $ 40,337 Per Diem, Fees and Contracts

$ 100,250 Payment of Interest and Fees $ 679,000 Guaranteed Educational Loans $ 2,680,000 Tuition

Equalization Grants $ 9,110,027 Student Incentive Grants $ 3,516,622 Law Enforcement Personnel Dependents'

Grants $ 32,000 North Georgia College ROTC Grants $ 127,500 Total Positions Budgeted 70 Authorized

Motor Vehicles 1

Page 358

Provided, that of the above appropriated amount relative to Educational Loans an amount not to exceed $12,000 may be used to provide stipends for training recruitment, teacher and counselor personnel in health career fields and other fields for which funds are provided herein for the making of cancellable loans to students. Provided, that the above appropriated amount relative to Educational Loans shall otherwise be used to provide loans to students as provided for in Article 3 of Code Chapter 32-37, 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 of Code Section 32-3750, 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 paramedical and other professional and educational fields of study; (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; (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; and (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 the above appropriated amount relative to Student Incentive Grants provides for payment of need-based grants to undergraduate students as provided for in Article 4 of Code Chapter 32-37. Provided, that the above appropriated amount relative to Tuition Equalization Grants provides for payment of grants of $600 per academic year,

Page 359

and for payment of grants for the 1980 summer school quarter or semester, to undergraduate students attending private

colleges in Georgia as provided for in Article 5 of Code Chapter 32-37. Provided, that the above appropriated amount

relative to North Georgia College ROTC Grants provides for payment of grants to eligible students as provided for in

Article 6 of Code Chapter 32-37. Provided, that the above appropriated amount relative to Law Enforcement Personnel

Dependents' Grants provides for payment of grants to eligible students as provided for in Article 7 of Code Chapter 32-37.

Provided, that the above appropriated amount relative to Payment of Interest and Fees is designated and committed for the

purpose of enabling the Georgia Higher Education Assistance Corporation to make state interest subsidy payments to

lenders as provided for in Code Section 32-3314, and loan discount fee payments to lenders as provided for in Code

Section 32-3315. 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 making timely payments of interest and special

allowances to lenders as provided for in Code Section 32-3313 and Code Section 32-3710. Section 41. Soil and Water

Conservation Committee. Budget Unit: Soil and Water Conservation Committee $ 735,837 1. Soil and Water

Conservation Central Office Budget: Personal Services $ 321,018 Regular Operating Expenses $ 36,235

Travel $ 39,930 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 27,005 Equipment

Purchases $ 3,600 Computer Charges $ -0- Real Estate Rentals $ 13,679 Telecommunications $ 9,637 Per

Diem, Fees and Contracts $ 128,975 Total Funds Budgeted $ 580,079 State Funds Budgeted $ 580,079 Total

Positions Budgeted 12

2. Soil and Water Conservation Dam Safety Budget: Personal Services $ 105,669

Regular Operating Expenses $ 11,850 Travel $ 8,434 Motor Vehicle Equipment Purchases $ 5,500

Publications and Printing $ 3,500 Equipment Purchases $ 1,770 Computer Charges $ 4,000 Real Estate Rentals

$ 4,235 Telecommunications $ 2,800 Per Diem, Fees and Contracts $ 8,000 Total Funds Budgeted $ 155,758

State Funds Budgeted $ 155,758 Total Positions Budgeted 5

3. Resources Conservation Act Budget:

Personal Services $ 11,412 Regular Operating Expenses $ 3,580 Travel $ 200 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 18,970 Equipment Purchases $ -0- Computer Charges $ -0-

Telecommunications $ 1,200 Per Diem, Fees and Contracts $ 1,200 Real Estate Rentals $ 1,184 Total Funds

Budgeted $ 37,746 State Funds Budgeted $ -0- Total Positions Budgeted 0

Budget Unit Object Classes:

Personal Services $ 438,099 Regular Operating Expenses $ 51,665 Travel $ 48,564 Motor Vehicle Equipment

Purchases $ 5,500 Publications and Printing $ 49,475 Equipment Purchases $ 5,370 Computer Charges $

4,000 Real Estate Rentals $ 19,098 Telecommunications $ 13,637 Per Diem, Fees and Contracts $ 138,175

Total Positions Budgeted 17 Authorized Motor Vehicles 3

Page 361

Section 42. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 1,298,750 Departmental Operations Budget: Personal Services $ 1,120,408 Regular Operating Expenses $ 42,101 Travel $ 12,050 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 22,000 Equipment Purchases $ 7,875

Computer Charges $ 302,184 Real Estate Rentals $ 72,196 Telecommunications $ 36,160 Per Diem, Fees and

Contracts $ 112,000 Postage $ 46,200 Floor Fund for Local Retirement Systems $ 892,000 Employer

Contributions $ 406,750 Total Funds Budgeted $ 3,071,924 State Funds Budgeted $ 1,298,750 Total Positions

Budgeted 60

Budget Unit Object Classes: Personal Services $ 1,120,408 Regular Operating Expenses $

42,101 Travel $ 12,050 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 22,000 Equipment

Purchases $ 7,875 Computer Charges $ 302,184 Real Estate Rentals $ 72,196 Telecommunications $ 36,160 Per

Diem, Fees and Contracts $ 112,000 Postage $ 46,200 Floor Fund for Local Retirement Systems $ 892,000

Employer Contributions $ 406,750 Total Positions Budgeted 60 Authorized Motor Vehicles 1

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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 $ 406,222,632 1. Planning and Construction Budget:

Personal Services $ 63,202,565 Regular Operating Expenses $ 3,875,829 Travel $ 1,595,810 Motor Vehicle

Equipment Purchases $ -0- Publications and Printing $ 219,105 Equipment Purchases $ 97,900 Computer

Charges $ -0- Real Estate Rentals $ 26,365 Telecommunications $ 712,594 Per Diem, Fees and Contracts $

6,917,436 Capital Outlay $ 374,497,251 Total Funds Budgeted $ 451,144,855 State Funds Budgeted $

162,039,801 Total Positions Budgeted 3,186

2. Maintenance and Betterments Budget: Personal Services $

48,925,758 Regular Operating Expenses $ 29,454,961 Travel $ 245,304 Motor Vehicle Equipment Purchases $

-0- Publications and Printing $ 8,800 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate

Rentals $ -0- Telecommunications $ 95,944 Per Diem, Fees and Contracts $ 951,300 Capital Outlay $

98,950,000 Total Funds Budgeted $ 178,632,067 State Funds Budgeted $ 176,981,688 Total Positions

Budgeted 3,725

3. Authorities Budget: Authority Lease Rentals $ 24,948,877 State of Georgia General

Obligation Debt Sinking Fund $ 3,731,274 Total Funds Budgeted $ 28,680,151 State Funds Budgeted $

28,680,151

4. Facilities and Equipment Budget: Motor Vehicle Equipment Purchases $ 1,000,000

Equipment Purchases $ 2,203,157 Capital Outlay $ 305,000 Total Funds Budgeted $ 3,508,157 State Funds

Budgeted $ 3,433,157

5. Assistance to Counties Budget: Grants to Counties $ 9,317,013 Total Funds

Budgeted $ 9,317,013 State Funds Budgeted $ 9,317,013

6. Administration Budget: Personal Services $

6,977,509 Regular Operating Expenses $ 1,958,223 Travel $ 109,874 Motor Vehicle Equipment Purchases $

-0- Publications and Printing $ 207,550 Equipment Purchases $ -0- Computer Charges $ 1,241,666 Real

Estate Rentals $ 909,511 Telecommunications $ 183,444 Per Diem, Fees and Contracts $ 150,000 Total Funds

Budgeted $ 11,737,777 State Funds Budgeted $ 11,737,777 Total Positions Budgeted 321

Page 364

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. 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

Page 365

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 FederalState 90-10 projects, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of 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

Page 366

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. Provided further, it is

the intent of the General Assembly that the following classses be reassigned to the new paygrade shown: Class New

Paygrade Transportation Captain 29 Transportation Sergeant 24 Transportation Enforcement Officer, Senior 22

Transportation Enforcement Officer 19 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 $

282,229 Capital Outlay - Paving State and Local Schools and State Institutions $ 803,404 Paving State Parks and

Historic Sites $ 500,000 Railroad Grade Separation $ 2,800,000 Railroad Relocation $ 200,000 Capital Outlay

- Appalachian Highway $ 9,000,000 Maintenance and Betterments Capital Outlay - Rehabilitation and

Improvements Off-System $ 15,000,000 Administration Real Estate Rentals $ 60,187 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 $

9,317,000 Total Funds Budgeted $ 9,317,000 State Funds Budgeted $ 9,317,000 For grants to municipalities for

Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended. Provided,

further, that a member of the governing authority of the municipality, designated by such authority, shall execute an

affidavit annually that funds received under this Section have been expended in accordance with the law and the

Constitution, and file the same with the Fiscal Division of the Department of Administrative Services. At the request of

the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor

shall 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 $ 450,552 Regular Operating Expenses $

315,144 Travel $ 11,505 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 400

Equipment Purchases $ 6,000 Computer Charges $ -0- Real Estate Rentals $ 1 Telecommunications $ 4,100

Per Diem, Fees and Contracts $ 500 Capital Outlay $ -0- Total Funds Budgeted $ 788,202 State Funds

Budgeted $ 483,202 Total Positions Budgeted 17

9. Inter-Modal Transfer Facilities Budget: Personal

Services $ 552,434 Regular Operating Expenses $ 47,509 Travel $ 29,366 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 25,000 Equipment Purchases $ 1,000 Computer Charges $ -0-

Real Estate Rentals $ -0- Telecommunications $ 17,000 Per Diem, Fees and Contracts $ 1,137,924 Capital

Outlay - Airport Development $ 720,000 Capital Outlay - Airport Operational Improvements $ 1,000,000 Capital

Outlay - Airport Approach Aid $ 300,000 Mass Transit Grants $ 3,405,109 Total Funds Budgeted $ 7,235,342

State Funds Budgeted $ 3,382,843 Total Positions Budgeted 24

10. Harbor Maintenance Budget: Harbor

Maintenance Payments $ 850,000 Total Funds Budgeted $ 850,000 State Funds Budgeted $ 850,000

Budget Unit Object Classes:

Personal Services $ 120,108,818 Regular Operating Expenses $ 35,651,666

Travel $ 1,991,859 Motor Vehicle Equipment Purchases $ 1,000,000 Publications and Printing $ 460,855

Equipment Purchases $ 2,308,057 Computer Charges $ 1,241,666 Real Estate Rentals $ 935,877

Telecommunications $ 1,013,082 Per Diem, Fees and Contracts $ 9,157,160 Capital Outlay $ 473,752,251

Mass Transit Grants $ 3,405,109 Grants to Municipalities $ 9,317,000 Harbor Maintenance Payments $ 850,000

Grants to Counties $ 9,317,013 Authority Lease Rentals $ 24,948,877 Capital Outlay - Airport Development $

720,000 State of Georgia General Obligation Debt Sinking Fund $ 3,731,274 Capital Outlay - Airport Operational

Improvements $ 1,000,000 Capital Outlay - Airport Approach Aid $ 300,000 Total Positions Budgeted 7,273

Authorized Motor Vehicles 4,800

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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

Page 370

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. Section 44. Department of

Veterans Service. Budget Unit: Department of Veterans Service $ 9,554,652 1. Veterans Assistance Budget:

Personal Services $ 2,726,027 Regular Operating Expenses $ 86,537 Travel $ 79,812 Motor Vehicle

Equipment Purchases $ -0- Publications and Printing $ 20,900 Equipment Purchases $ -0- Computer Charges

$ 273 Real Estate Rentals $ 120,584 Telecommunications $ 55,500 Per Diem, Fees and Contracts $ 6,000

Postage $ 28,180 Grants to Confederate Widows $ 1,666 Total Funds Budgeted $ 3,125,479 State Funds

Budgeted $ 2,811,686 Total Positions Budgeted 167 Authorized Motor Vehicles 1

2. Veterans Home and

Nursing Facility - Milledgeville Budget: Capital Outlay $ -0- Equipment Purchases $ -0- Regular Operating

Expenses for Projects $ 41,000 Operating Expenses/Payments to Central State Hospital $ 6,214,185 Total Funds

Budgeted $ 6,255,185 State Funds Budgeted $ 4,813,435

3. Veterans Nursing Home - Augusta Budget:

Capital Outlay $ -0- Equipment Purchases $ -0- Regular Operating Expenses for Projects $ 5,000 Operating

Expense/Payments to Medical College of Georgia $ 2,674,451 Total Funds Budgeted $ 2,679,451 State Funds

Budgeted $ 1,929,531

Budget Unit Object Classes:

Personal Services $ 2,726,027 Regular Operating

Expenses $ 86,537 Travel $ 79,812 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $

20,900 Equipment Purchases $ -0- Computer Charges $ 273 Real Estate Rentals $ 120,584

Telecommunications $ 55,500 Per Diem, Fees and Contracts $ 6,000 Capital Outlay $ -0- Postage $ 28,180

Grants to Confederate Widows $ 1,666 Operating Expense/Payments to Central State Hospital $ 6,214,185

Operating Expense/Payments to Medical College of Georgia $ 2,674,451 Regular Operating Expenses for Projects $

46,000 Total Positions Budgeted 167 Authorized Motor Vehicles 1

Page 372

Section 45. Workers' Compensation Board. Budget Unit: Workers' Compensation Board $ 3,537,664 1. Workers'

Compensation Administration Budget: Personal Services $ 2,591,535 Regular Operating Expenses $ 72,691

Travel $ 42,738 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 40,500 Equipment

Purchases $ 24,364 Computer Charges $ 116,200 Real Estate Rentals $ 202,561 Telecommunications $

56,016 Per Diem, Fees and Contracts $ 81,714 Postage $ 47,585 Total Funds Budgeted $ 3,275,904 State

Funds Budgeted $ 3,275,904 Total Positions Budgeted 127

2. Vocational Rehabilitation Budget: Personal

Services $ 210,615 Regular Operating Expenses $ 11,221 Travel $ 10,684 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 3,000 Equipment Purchases $ 2,000 Computer Charges $ 400

Real Estate Rentals $ 16,500 Telecommunications $ 4,040 Per Diem, Fees and Contracts $ 500 Postage $

2,800 Total Funds Budgeted $ 261,760 State Funds Budgeted $ 261,760 Total Positions Budgeted 12

Budget Unit Object Classes:

Personal Services $ 2,802,150 Regular Operating Expenses $ 83,912 Travel $

53,422 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 43,500 Equipment Purchases $

26,364 Computer Charges $ 116,600 Real Estate Rentals $ 219,061 Telecommunications $ 60,056 Per

Diem, Fees and Contracts $ 82,214 Postage $ 50,385 Total Positions Budgeted 139 Authorized Motor Vehicles

1

Page 373

Section 46. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) $ 36,894,251 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) $ 29,911,000 Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $4,661,000 is specifically appropriated for the purpose of financing expansion of Georgia Ports Authority facilities through the issuance of not more than $42,372,728 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $500,000 is specifically appropriated for the purpose of constructing and equipping a public safety training facility through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt.

Page 374

Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $24,750,000 is specifically appropriated for the purpose of financing advance construction of the Interstate System through the issuance of not more than $225,000,000 in principal amount of General Obligation Debt. Section 47. In addition to all other appropriations for the fiscal year ending June 30, 1981 there is hereby appropriated $2,250,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $5,052,600 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 ($4,844,000 - 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 48. In addition to all other appropriations for the fiscal year ending June 30, 1981, there is hereby appropriated $1,000,000 to cover an increase in State contributions for Employee Health Insurance. Section 49. 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.

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Section 50. 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 51. 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 long-distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor. Section 52. 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

Page 376
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 53. 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 54. 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 55. No State appropriations authorized under this Act shall be used to continue programs currently funded by 100% Federal funds.
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Section 56. 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 to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly. Section 57. In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the 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 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 58. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified
Page 378
in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1980 regular session and the amended Budget Report submitted to the General Assembly at the 1981 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 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

59. Wherever in this Act the term Budget Unit Object Classes is used, it shall mean
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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 and the amended Budget Report submitted to the General Assembly at the 1981 regular session. Section 60. 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 61. 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 62. TOTAL APPROPRIATIONS F.Y. 1981 $3,217,056,705. Section 63. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Page 380
Section 64. 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 10, 1981. TAXATION OF LIFE INSURANCE COMPANIES. Code Chapter 56-13 Amended. No. 45 (House Bill No. 42). AN ACT To amend Code Chapter 56-13, relating to fees and taxes imposed upon insurance companies, as amended, so as to change the provisions relative to state preemption of the field of imposing taxes upon life insurance companies, their agents, and other representatives; to impose a certain county tax on each life insurance company doing business within the unincorporated areas of said counties with certain exceptions; to provide for the deduction of taxes paid to counties from certain taxes otherwise payable to the state; to provide for a definition; to provide for collection and distribution of the tax; to provide for the expenditure of proceeds from such tax only in the unincorporated areas of counties; to authorize and require the reduction of ad valorem taxes within unincorporated areas of counties; 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:
Page 381
Section 1. Code Chapter 56-13, relating to fees and taxes imposed upon insurance companies, as amended, is hereby amended by inserting in subsection (1) of Code Section 56-1310 immediately following the word section, where said word first appears in said subsection, the following: and in section 56-1310.1,, and by inserting in said subsection immediately following the word section, where said word appears at the end of said subsection, the following: ,and except as provided in section 56-1310.1, so that when so amended subsection (1) of Code Section 56-1310 shall read as follows: (1) Except as otherwise provided in this section, and in section 56-1310.1, the State of Georgia hereby preempts the field of imposing taxes, except taxes on real property and tangible personal property taxed ad valorem, upon life insurance companies, their agents and other representatives, including, but not limited to, excise, privilege, franchise, income, license, permit, registration and similar taxes and fees measured by premiums, income or volume of transactions, and no county or unincorporated area thereof, city, municipality, district, school district, or other political subdivision or agency of this state shall impose, levy, charge or require the same, except as herein provided in subsection (2) of this section, and except as provided in section 56-1310.1. Section 2. Said Code chapter is further amended by adding a new Code section immediately following Code Section 56-1310, to be designated Code Section 56-1310.1, to read as follows: 56-1310.1. County tax for county purposes on life insurance companies; deduction of taxes paid to counties from state tax. (a) There is hereby imposed a county tax for county purposes on each life insurance company doing business within the unincorporated area of said county based solely upon gross direct premiums, as defined in section 56-1303, as are received during the preceding calendar year from policies insuring persons residing within the unincorporated area of such county. The rate of such tax shall be one percent of such
Page 382

premiums except that such tax shall not apply to the gross direct premiums of an insurance company which qualifies, pursuant to section 56-1305, for the reduction to one-half of one percent of the state tax imposed by section 56-1303. The tax imposed herein shall not apply to annuity considerations. (b) The tax imposed by subsection (a) of this section shall apply to gross direct premiums, except annuity considerations, received during calendar year 1981 and each year thereafter. (c) After July 1, 1982, life insurance companies may deduct from premium taxes otherwise payable to the state under section 56-1303, in addition to all credits and abatements allowed by law, the taxes imposed by this section and paid to the Commissioner on behalf of counties, as hereinafter provided, during the preceding calendar year. (d) For the purposes of this section, `life insurance company' means a company which is authorized to transact only the class of insurance designated in section 56-305 as class (1). (e) The tax imposed by this Code section shall be collected by the Commissioner on behalf of counties in the same manner and on the same date as the state tax on insurance premiums. (f) Beginning on June 1, 1982 and on the same date each year thereafter, the Commissioner shall disburse to each county of the state that fractional part of the total collections which is equivalent to the fraction, the numerator of which is the population of the unincorporated area of that county and the denominator of which is the population of all unincorporated areas of the state. Said populations shall be measured by the most recent federal decennial census. (g) The proceeds from the county tax levied for county purposes provided for by this section shall be separated from other county funds and shall be used by county governing authorities solely for the purpose of reducing ad valorem taxes of the inhabitants of the unincorporated areas of such counties. In fixing the ad valorem tax millage rate for the year 1982 and any year thereafter, the governing authorities of counties shall be authorized and directed to reduce such ad valorem tax millage rate on taxable property within the unincorporated areas of such counties to offset all of the proceeds derived from the tax provided for in this section.
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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 11, 1981. GARNISHMENT. Code Title 46 Amended. No. 48 (Senate Bill No. 11). AN ACT To amend Code Title 46, relating to garnishment, as amended, so as to provide for automatic dismissal of garnishment proceedings based on certain affidavits; to clarify the application of certain provisions to continuing garnishments; 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 designating the first sentence of Code Section 46-104 as subsection (a) and by adding immediately thereafter a new subsection (b) to read as follows: (b) In the event no summons of garnishment has been issued on an affidavit for two years or more, the garnishment proceeding based on that affidavit shall automatically stand dismissed. Section 2 . Said Code title is further amended by adding at the end of Code Section 46-701, after the following:
Page 384
in this Code title, the following: , including but not limited to those proceedings after answer provided in Code Section 46-510, so that when so amended said Code section shall read as follows: 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, including but not limited to those proceedings after answer provided in Code Section 46-510. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1981. INTEREST RATES ON BONDS, ETC. EXCLUSIVE OF GENERAL OBLIGATION BONDS. No. 49 (Senate Bill No. 36). AN ACT Relating to interest rates to be borne by bonds, notes, certificates, or obligations of any kind which evidence any repayment obligation for money borrowed, exclusive of general obligation bonds, issued by any county, municipal corporation, or political subdivision of this
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state or any authority or public corporation created by the Georgia Constitution or any general, local, or special Act of the General Assembly; to maintain the fiscal solvency of any such county, municipal corporation, political subdivision, authority, or public corporation by exempting from all other laws of the state governing usury or prescribing or limiting

interest rates any such bonds, notes, certificates, or obligations which evidence any repayment obligation for money borrowed, exclusive of general obligation bonds; to provide for the fixing of the interest rate or rates to be borne by any such bonds, notes, certificates, or obligations which evidence any repayment obligation for money borrowed, exclusive of general obligation bonds; to provide for the liberal construction of this Act; to provide that the provisions of this Act shall be severable; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Purpose. It is the purpose of this Act to maintain the fiscal solvency of counties, municipal corporations, and political subdivisions of the state and authorities and public corporations created by the Georgia Constitution or any general, local, or special Act of the General Assembly in public borrowing by exempting from all other laws of the state governing usury or prescribing or limiting interest rates any bonds, notes, certificates, or obligations of any kind issued by any such county, municipal corporation, political subdivision, authority, or public corporation to evidence any repayment obligation for money borrowed, exclusive of general obligation bonds. Section 2. Definitions. As used in this Act, the term: (1) Bonds means any bonds, notes, certificates, or obligations of any kind issued by any municipality to evidence any repayment obligation for money borrowed by such municipality, exclusive of general obligations bonds. (2) General obligation bonds means any bonds, notes, certificates, or obligations of any kind issued by any municipality which, under the Georgia Constitution, may not be issued without the consent of a majority of the qualified voters of the municipality affected voting in an election for that purpose. (3) Municipality means any school district, county, municipal corporation, or political subdivision of the state or any
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authority or public corporation created by the Georgia Constitution or any general, local, or special Act of the General Assembly which is now or may hereafter be authorized by law to issue bonds. Section 3. Interest rate. From and after the effective date of this Act, any bonds issued by a municipality shall be exempt from (a) all laws of the state governing usury or prescribing or limiting interest rates to be borne by bonds, and (b) all provisions of the Georgia Constitution prescribing or limiting interest rates to be borne by bonds to the extent that the Georgia Constitution permits the General Assembly by law to define further the powers and duties of any such municipality and to enlarge or restrict the same. The interest rate or rates to be borne by any bonds issued by a municipality shall be fixed by the governing body of such municipality in the resolution or ordinance adopted by such governing body to authorize the issuance of any such bonds; provided, however, the interest rate or rates to be borne by any bonds issued by counties or municipal corporations of the state pursuant to the Revenue Bond Law, approved March 31, 1937 (Ga. Laws 1937, p. 761), as now or hereafter amended, shall not exceed 12 percent per annum. Section 4. Specific repeal of certain interest rates. All provisions contained in any of the following laws which prescribe or limit the interest rate or rates to be borne by bonds are hereby repealed to the extent the same are in conflict with the provisions of this Act and to the extent necessary to effect the purpose of this Act by exempting any bonds issued by a municipality from all laws of the state governing usury or prescribing or limiting interest rates to be borne by bonds: (1) An Act known as the Revenue Bond Law, approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, particularly by an Act approved February 20, 1970 (Ga. Laws 1970, p. 23); (2) An Act known as the Hospital Authorities Law, approved March 18, 1964 (Ga. Laws 1964, p. 499), as amended, particularly by an Act approved March 4, 1970 (Ga. Laws 1970, p. 144); (3) An Act known as the Housing Authorities Law, approved March 30, 1937 (Ga. Laws 1937, p. 210), as amended, particularly by an Act approved March 25, 1980 (Ga. Laws 1980, p. 1094);
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(4) 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 24, 1976 (Ga. Laws 1976, p. 708); and (5) An Act creating the Municipal Electric Authority of Georgia, approved March 18, 1975 (Ga. Laws 1975, p. 107), as amended. Section 5. Construction of Act. The provisions of this Act shall be liberally construed to effect the purposes hereof, and insofar as the provisions of this Act may be inconsistent with the provisions of the Georgia Constitution under circumstances where the General Assembly has been granted the power by law to enlarge or restrict such provisions of the Constitution or the provisions of any law, including any general, local, or special Act of the General Assembly creating or activating any municipality, this Act shall control. Section 6. Severability. The provisions of this Act are hereby declared to be severable. If any provision of this Act or the application of such provision to any circumstance is held invalid for any reason whatsoever, the remainder of this Act, or the application of the provision to other circumstances, shall not be affected thereby. 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 16, 1981.

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REVENUE PAYMENT OF TAXES IN CERTAIN COUNTIES (350,000 - 600,000) (350,000 - 500,000). Code Section 91A-1022 Amended. No. 54 (Senate Bill No. 339). AN ACT To amend Code Section 91A-1022, relating to payment of taxes in all counties having a population of not less than 350,000 and not more than 600,000 according to the census, as amended by an Act approved March 20, 1980 (Ga. Laws 1980, p. 710), so as to change the provisions relating to population; 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-1022, relating to payment of taxes in all counties having a population of not less than 350,000 and not more than 600,000 according to the census, as amended by an Act approved March 20, 1980 (Ga. Laws 1980, p. 710), is hereby amended by striking from subsection (b) of said Code Section 91A1022, the figure 600,000, and inserting in lieu thereof the figure 500,000. 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 16, 1981.
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GEORGIA EMERGENCY MANAGEMENT ACT OF 1981. No. 56 (House Bill No. 121). 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, so as to change the short title of said Act; to change the name of the State Civil Defense Agency to the State Emergency Management Agency; to change the term civil defense to emergency management; to change the title of the Director of Civil Defense to the Director of Emergency Management; to change the name of the Defense Civil Preparedness Agency of the United States to the Emergency Management Agency of the United States; to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Civil Defense Act of 1951, approved February 19, 1951 (Ga. Laws 1951, p. 224), 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. Short title. This Act may be cited as the `Georgia Emergency Management Act of 1981.' Section 2. (a) Said Act is further amended as follows: (1) By striking the words State Civil Defense Agency in their entirety wherever the same may appear in said Act and inserting in lieu thereof the words Georgia Emergency Management Agency. (2) By striking the words civil defense in their entirety wherever the same may appear in said Act and inserting in lieu thereof the words emergency management. (3) By striking the words Director of Civil Defense in their entirety wherever the same may appear in said Act and inserting in lieu thereof the words Director of Emergency Management.
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(4) By striking the words Civil Defense Division in their entirety wherever the same may appear in said Act and inserting in lieu thereof the words Emergency Management Division. (5) By striking the words Defense Civil Preparedness Agency of the United States in their entirety wherever the same may appear in said Act and inserting in lieu thereof the words Emergency Management Agency of the United States. (b) It is the intention of the General Assembly to change the name of the Georgia Civil Defense Act of 1951 to the Georgia Emergency Management Act of 1981 and to change all other references and functions relating to civil defense to emergency management wherever the same shall occur in said Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1981. EMPLOYMENT SECURITY LAW AMENDED. No. 57 (House Bill No. 201). 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 the provisions relating to seasonal employment; to modify the pension offset as allowed by Public Law 96-364; to provide for extended benefits on interstate claims; to provide for disqualification for extended benefits; to provide for eligibility for extended benefits; to provide for definition of Suitable Work in extended benefits; to provide for denial of extended benefits; to provide for referral of suitable work in extended benefits; to require the earning of insured wages under certain circumstances; to correct terminology and
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update the law regarding Administrative Hearing Officers; to correct certain words; to provide for payment of the first week of extended benefits; to make more specific the noncharging provision of reimbursable employers; to make more specific the provision which deals with the employer and any successor regarding failing to file tax reports; to redesignate

subparagraphs which were designated in error; to provide for pro rata charges on multi-state claims; to make more specific the responsibility and liability of a purchaser, transferee, or assigns; to change the date for inclusion of alien wages regarding agricultural labor; to add an exclusion to the term wages regarding aliens; to add a definition of Experience Rating Account; to add a definition of Supplemental Unemployment Benefits; to provide for other matters relative to 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. 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 in their entirety subsections (d) and (e) of Section 3, which read as follows: (d) Seasonal Employment (1) As used in this section the term `seasonal industry' means an occupation or industry in which, because of the seasonal nature thereof, it is customary to operate only during a regularly recurring period or periods of less than forty weeks in a calendar year. The Commissioner shall, after investigation and hearing, determine, and may thereafter from time to time redetermine, the longest seasonal period or periods during which by the best practice of the occupation or industry in question, operations are conducted. Until such determination by the Commissioner, no occupation or industry shall be deemed seasonal. (2) The term `seasonal worker' means an individual who is ordinarily engaged in a seasonal industry and who, during the portion or portions of the year when such industry is not in operation, is ordinarily not engaged in any other work. (3) The Commissioner shall prescribe fair and reasonable general rules applicable to seasonal workers for determining the
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period for earning and the amount of the total wages required to qualify such workers for benefits and the period during which benefits shall be payable to them. (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., and inserting in lieu thereof the following: (d) 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
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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, except that: (1) The requirements of this paragraph shall apply to any pension, retirement, or retired pay, annuity, or other similar periodic payment only if: (A) Such pension, retirement, or retired pay, annuity, or similar payment is under a plan maintained (or contributed to) by a base period employer or chargeable employer (as determined under applicable law); and (B) In the case of such a payment not made under the Social Security Act or the Railroad Retirement Act of 1974 (or the corresponding provisions of prior law), services performed for such employer by the individual after the beginning of the base period (or remuneration for such services) affect eligibility for, or increase the amount of, such pension, retirement, or retired pay, annuity, or similar payment. (2) The Commissioner shall take into consideration the amount contributed by the individual for the pension, retirement, or retired pay, annuity, or other similar periodic payment and shall limit such reduction based on the percent contributed by such individual. Section 2. Said Act is further amended by striking in its entirety subsection (c) of Section 3A and inserting in lieu thereof a new subsection (c) to read as follows: (c) Eligibility requirements for extended benefits. - (1) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his eligibility period only if the Commissioner

finds that with respect to such week: (A) he is an `exhaustee' as defined in paragraph (10) of subsection (a) of this Section, and
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(B) he has satisfied the requirements of this Act for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits. (2) Provided, however, for weeks of unemployment beginning on or after June 1, 1981, the total extended benefits otherwise payable to an individual who has filed an interstate claim under the interstate benefit payment plan shall not exceed two weeks whenever an extended benefit period is not in effect for such week in the State where the claim is filed. (3) Provided, further, for weeks of unemployment beginning on or after March 31, 1981, if an individual has been disqualified, in his most recent benefit year or on his extended benefit claim, only those who are required to return to work and earn additional insured wages in employment in order to terminate this disqualification, and who satisfy this requirement, shall be eligible to receive extended benefits. Section 3. Said Act is further amended by adding seven new subsections at the end of Section 3A, to be designated (h), (i), (j), (k), (l), (m), and (n), to read as follows: (h) Notwithstanding the provisions of this Section, payment of extended benefits under this Act shall not be made to any individual for any week of unemployment in his eligibility period: (1) during which he fails to accept any offer of suitable work, as defined in subsection (j), or fails to apply for any suitable work to which he was referred by the Georgia State Employment Service; or (2) during which he fails to actively engage in seeking work. (i) If any individual is ineligible for extended benefits for any week by reason of a failure described in paragraphs (1) or (2) of subsection (h), the individual shall be ineligible to receive extended benefits for any week which begins during a period which: (1) begins with the week following the week in which such failure occurs, and
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(2) does not end until such individual has been employed during at least four weeks which begin after such failure and the total of the remuneration in insured wages for services in employment earned by the individual for being so employed is not less than the product of four multiplied by the individual's weekly benefit amount for his benefit year. (j) For purposes of this subsection, the term `suitable work' means, with respect to any individual, any work which is within such individual's capabilities; except that, if the individual furnishes evidence satisfactory to the Commissioner that such individual's prospects for obtaining work in his customary occupation within a reasonably short period are good, the determination of whether any work is suitable work with respect to such individual shall be made in accordance with this Act. (k) Extended benefits shall not be denied under paragraph (1) of subsection (h) to any individual for any week by reason of a failure to accept an offer of, or apply for, suitable work: (1) if the gross average weekly remuneration payable to such individual for the position does not exceed the sum of: (A) the individual's weekly benefit amount for his benefit year, plus (B) the amount (if any) of supplemental unemployment compensation benefits, as defined in Section 19(aa), payable to such individual for such week; (2) if the position was not offered to such individual in writing and was not listed with the Georgia State Employment Service; (3) if such failure would not result in a denial of benefits under the provisions of this Act to the extent that such provisions are not inconsistent with the provisions of subsections (j) and (l); or (4) if the position pays wages less than the higher of: (A) the minimum wage provided by section 6(a)(1) of the Fair Labor Standards Act of 1938, without regard to any exemption; or
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(B) the Georgia minimum wage. (l) For purposes of this subsection, an individual shall be treated as actively engaged in seeking work during any week if: (1) the individual has engaged in a systematic and sustained effort to obtain work during such week, and (2) the individual provides tangible evidence to the satisfaction of the Commissioner that he has engaged in such an effort during such week. (m) A claimant for extended benefits shall be referred to any suitable work as provided in subsection (j) of this Section, which is not excluded by subsection (k) of this Section. (n) The effective date for subsections (h) through (m) shall be for weeks of unemployment beginning on or after March 31, 1981. Section 4. Said Act is further amended by striking the words wages for such services as they appear in subsection (a) of Section 5 and inserting in lieu thereof the following: insured wages for services in employment, so that when so amended subsection (a) of Section 5 shall read as follows: (a) For the week or fraction thereof in which he has filed an otherwise valid claim for benefits after he has left his most recent employer voluntarily without good cause in connection with his most recent work as determined by the Commissioner according to the circumstances in the case, and until he has secured employment and shows to the satisfaction of the Commissioner that he has performed services in

bona fide employment and earned insured wages for services in employment equal to at least eight (8) times the weekly benefit amount of his claim. Section 5. Said Act is further amended by striking the words wages for such services as they appear in the first paragraph of subsection (c) of Section 5 and inserting in lieu thereof the following:
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insured wages for services in employment, so that when so amended the first paragraph of subsection (c) of Section 5 shall read as follows: (c) If he has failed without good cause, after he has filed an otherwise valid claim for benefits, either to apply for available, suitable work when so directed by an employment office or the Commissioner, or to accept suitable work when offered him by any employer, or to return to his customary self-employment (if any) when so directed by the Commissioner. Such disqualification shall continue until he has secured employment and shows to the satisfaction of the Commissioner that he has performed services in bona fide employment and earned insured wages for services in employment equal to at least eight (8) times the weekly benefit amount of his claim. Section 6. Said Act is further amended by striking in its entirety subsection (d) of Section 6 and inserting in lieu thereof a new subsection (d) to read as follows: (d) Appeal Tribunals. - To hear and decide appealed claims, the Commissioner shall appoint one or more impartial Appeal Tribunals. Each such Tribunal shall consist of either an administrative hearing officer selected in accordance with Section 11 (d) of this Act or a body consisting of three members, one of whom shall be an administrative hearing officer, who shall serve as chairman, one of whom shall be a representative of employers, and the other of whom shall be a representative of employees; each of the latter two members may be selected without regard to Section 11(d) of this Act, and shall serve at the pleasure of the Commissioner and be paid a fee determined by the Commissioner for active service on such Tribunal, plus necessary expenses. No person shall participate on behalf of the Commissioner in any case in which he is an interested party. The Commissioner may designate alternates to serve in the absence or disqualification of any member of an Appeal Tribunal. The Chairman shall act alone in the absence or disqualification of any other member and his alternates. In no case shall the hearings proceed unless the Chairman of the Appeal Tribunal is present. The Commissioner shall provide the Board of Review and such Appeal Tribunals with proper facilities and assistants for the execution of their functions.
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Section 7. Said Act is further amended by striking in its entirety subsection (f) of Section 6 and inserting in lieu thereof a new subsection (f) to read as follows: (f) Procedure. - The manner in which appealed claims shall be presented, and the conduct of hearings and appeals shall be in accordance with regulations prescribed by the Commissioner for determining the rights of the parties, whether or not such regulations conform to common law or statutory rules of evidence and other technical rules of procedure. A full and complete record shall be kept of all proceedings in connection with an appealed claim. All testimony at any hearing upon a claim before the administrative hearing officer shall be mechanically recorded, but need not be transcribed unless the disputed claim is further appealed. Provided, however, the Board of Review, in its sole discretion, shall have the power to determine the necessity for transcription of any record to be considered by it. Provided, however, nothing herein shall preclude the Commissioner from making the original documents, papers and transcripts available for inspection, upon written request by any party to the proceedings, during normal working hours, at the office of the Employment Security Agency in Atlanta or at the local office of the Georgia Department of Labor where the original claim for benefits under this law was filed, before a review of the decision of an Appeals Tribunal by the Board of Review. Due to the confidential nature of the proceedings, only Agency personnel or the Board of Review shall be permitted to make a recording, of any type whatsoever, of any hearing involving a claim for benefits or an appeal therefrom; provided, however, such hearing may be recorded by one or both of the interested parties provided prior written consent is received by the Tribunal from all interested parties. Section 8. Said Act is further amended by striking from subsection (i) of Section 6 the following: Workmen's, and inserting in lieu thereof the following: Workers', so that when so amended subsection (i) of Section 6 shall read as follows:
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(i) Court Review. - Within ten days after the decision of the Board of Review has become final, any party aggrieved thereby may secure judicial review thereof by filing a petition in the Superior Court of the county where the employee was last employed, against the Commissioner for the review of such decision, in which petition any other party to the proceeding before the Board of Review shall be made a respondent. The petition, which need not be verified but which shall state specifically the grounds upon which a review is sought, shall be served upon the Commissioner or upon such person as the Commissioner may designate, and such service shall be deemed completed service on all parties, but there

shall be left with the party so served as many copies of the petition as there are respondents and the Commissioner shall forthwith mail one such copy to each such respondent. Within 30 days after the service of the petition, the Commissioner shall certify and file with said court all documents and papers and a transcript of all testimony taken in the matter, together with the Board of Review's findings of fact and decision therein. Neither the Commissioner nor the Agency shall be required to furnish anyone with a copy of the aforementioned documents, papers or transcripts nor the original of these items, for a fee or otherwise, prior to the Commissioner filing these items with the court. The Commissioner may also, in his discretion, certify to such court questions of law involved in any decision. As a guide for future interpretation of the law, when the Commissioner is aggrieved by or deems any decision of the Board of Review contrary to the law, and no other party enters on appeal therefrom, he may, within 20 days after such decision has become final, appeal and certify to the Superior Court questions of law therein involved, and said court shall consider and determine the same and enter a decree accordingly which shall be subject to further appeal by the Commissioner. In any judicial proceeding under this Section, the findings of the Board of Review as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of said court shall be confined to questions of law. Such actions, and the questions so certified, shall be heard in a summary manner and shall be given precedence over all other civil cases except cases to which the State is a material party and cases arising under the Workers' Compensation Law of this State. An appeal may be taken from the decision of the Superior Court to the State Court of Appeals in the same manner, but not inconsistent with the provisions of this Act, as is provided in civil cases. No bond shall be required for entering an appeal.
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Section 9. Said Act is further amended by adding at the end of subparagraph (A) of paragraph (2) of subsection (c) of Section 7 the following: Provided, further, for weeks beginning on and after April 5, 1981, should there be no reimbursement by the Federal Government of the fifty per centum for the first week of `extended benefits' paid so chargeable to such base period employers (including hospitals or institutions of higher education operated by the State or an instrumentality thereof, or nonprofit organizations), the base period employers shall be charged one hundred per centum of such first week of `extended benefits.' , so that when so amended subparagraph (A) of paragraph (2) of subsection (c) of Section 7 shall read as follows: (A) The amount of benefits so chargeable against such baseperiod 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 91-373'. Provided, further, that the provisions of Public Law 93-572 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. Provided, further, for weeks beginning on and after April 5, 1981, should there be no reimbursement by the Federal Government of the fifty per centum for the first week of `extended benefits' paid so chargeable to such base period employers (including hospitals or institutions of higher education operated by the State or an instrumentality thereof, or nonprofit organizations), the base period employers shall be charged one hundred per centum of such first week of `extended benefits.' Section 10. Said Act is further amended by adding at the end of subparagraph (B) of paragraph (2) of subsection (c) of Section 7 the following: Provided no employer under Section 7A of this Act who has elected to make payments in lieu of contributions is subject to relief of charges under this subparagraph.,
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so that when so amended subparagraph (B) of paragraph (2) of subsection (c) of Section 7 shall read as follows: (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) continues to provide employment to the same extent as that part-time 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. Provided no employer under Section 7A of this Act who has elected to make payments in lieu of contributions is subject to relief of charges under this subparagraph. Section 11. Said Act is further amended by adding immediately following the word Act at the end of paragraph (5) of subsection (c) of Section 7 the following: ,which shall also be applicable to all predecessor tax accounts, 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. 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
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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, which shall also be applicable to all predecessor tax accounts. Section 12. Said Act is further amended by changing the designation of subparagraphs (i),(ii),(iii), and (iv), as they appear in paragraph (7) of subsection (c) of Section 7, to read as subparagraphs (A), (B), (C), and (D), respectively. Section 13. Said Act is further amended by adding at the end of paragraph (6) of subsection (c) of Section 7A the following: Provided, further, any employer who has elected, under this Act, to make payments in lieu of contributions, shall not be entitled to the noncharging provisions applicable to contributory employers under this Act., so that when so amended paragraph (6) of subsection (c) of Section 7A shall read as follows: (6) Provided, however, after December 31, 1977, the provisions of subsection (c) of Section 7A and paragraphs (1) through (5) thereof shall also apply to those governmental entities described in Section 19(h)(8)(B) which have elected payments in lieu of contributions. Provided further, any extended benefits paid that are attributable to service in the employ of such governmental entity after December 31, 1978, shall be financed in their entirety by such governmental entity. Provided, further, any employer who has elected, under this Act, to
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make payments in lieu of contributions, shall not be entitled to the noncharging provisions applicable to contributory employers under this Act. Section 14. Said Act is further amended by striking the word Agreements as it appears as the second word in subsection (l) of Section 11 and inserting in lieu thereof the word Arrangements and by striking the last paragraph therein which reads as follows: Reimbursement so payable shall be deemed to be benefits for the purposes of Section 3 and Section 9 of this Act, but no reimbursement so payable shall be charged against any employer's account for the purposes of Section 7 or 7A of this Act, provided, however, that employers' accounts shall be chargeable if a claim could be established solely on Georgia base period wages. The Commissioner is hereby authorized to make to other State or Federal agencies and receive from such other State or Federal agencies, reimbursements from or to the fund, in accordance with arrangements pursuant to this Section., and inserting in lieu thereof the following: Payments to another state's trust fund shall be deemed to be benefits for the purposes of Section 3, Section 7, Section 7A and Section 9 of this Act. Provided, however, charges shall be made to any employers' accounts and any employer who has elected to make payments in lieu of contributions shall be charged for any benefits so payable based on wages in this state. The Commissioner is hereby authorized to make to other State or Federal agencies and receive from such other State or Federal agencies, payment from or to the fund, in accordance with arrangements pursuant to this Section., so that when so amended subsection (l) of Section 11 shall read as follows: (l) Reciprocal Arrangements. The Commissioner shall participate in any arrangements for the payment of compensation on the basis of combining an individual's wages and employment covered under this Act with his wages and employment covered under the unemployment compensation laws of other States which are approved by the United States Secretary of Labor in consultation with the State unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in such situations and which include provisions for
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(1) applying the base period of a single State law to a claim involving the combining of an individual's wages and

employment covered under two or more State unemployment compensation laws, and (2) avoiding the duplicate use of wages and employment by reason of such combining. Payments to another state's trust fund shall be deemed to be benefits for the purposes of Section 3, Section 7, Section 7A and Section 9 of this Act. Provided, however, charges shall be made to any employers' accounts and any employer who has elected to make payments in lieu of contributions shall be charged for any benefits so payable based on wages in this state. The Commissioner is hereby authorized to make to other State or Federal agencies and receive from such other State or Federal agencies, payment from or to the fund, in accordance with arrangements pursuant to this Section. Section 15. Said Act is further amended by adding immediately following the word Agency at the end of subsection (g) of Section 14 the following: ,and should the purchaser, transferee, successor or assigns fail to do so, it shall become liable for such contributions, interest and penalty and any delinquent wage summary reports., so that when so amended subsection (g) of Section 14 shall read as follows: (g) Any employing unit which shall sell out its business or stock of goods, or transfers same, shall, within 30 days after such sale or transfer, file all wage summary reports with the Agency and pay all contributions, interest and penalties required by this Act with respect to wages for employment up to the date of said sale or transfer. The purchaser, transferee, successor or assigns, shall withhold a sufficient amount from the purchase money to cover the amount of all contributions, interest and penalties due and unpaid by the seller or transferor, or if the payment of money is not involved, shall withhold the performances of the condition that constitutes the consideration for the transfer, until such time as the said seller shall produce a certificate from the Agency showing that all reports have been filed and all contributions, interest and penalties have been paid, or produce a certificate that no reports are due and no contributions,
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interest or penalties are due. If the seller or transferor shall fail to pay such contributions within the 30 days as specified, then the purchaser, transferee, successor or assigns, shall pay the money so withheld to the Agency, and should the purchaser, transferee, successor or assigns fail to do so, it shall become liable for such contributions, interest and penalty and any delinquent wages summary reports. Section 16. Said Act is further amended by striking from subparagraph (E) of paragraph (10) of subsection (h) of Section 19 the following: pursuant to Public Law 94-444, and inserting in lieu thereof the following: specifically provided therefor, so that when so amended subparagraph (E) of paragraph (10) of subsection (h) of Section 19 shall read as follows: (E) as part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any Federal agency or an agency of a state or political subdivision thereof, by an individual receiving such work relief or work training; provided, that if such service is public service employment under Titles II and VI of Public Law 93-203 (CETA) and is required pursuant to such Act to be employment under this Act, this exclusion shall not apply to the extent that this State's unemployment compensation fund is reimbursed for such benefits from Federal Funds specifically provided therefor; or. Section 17. Said Act is further amended by striking the words January 1, 1980 as they appear in the parenthetical phrases of phrases (i) and (ii) of subparagraph (A) of paragraph (13) of subsection (h) of Section 19 and inserting in lieu thereof the following: January 1, 1982, so that when so amended phrases (i) and (ii) of subparagraph (A) of paragraph (13) of subsection (h) of Section 19 shall read as follows:
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(i) During any calendar quarter in either the current or the preceding calendar year paid remuneration in cash of $20,000 or more to individuals employed in agricultural labor (not taking into account service in agricultural labor performed before January 1, 1982, by an alien admitted to the United States to perform service in agricultural labor pursuant to Sections 214(c) and 101(a)(15)(H) of the Immigration and Nationality Act), or (ii) For some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in either the current or preceding calendar year, had in employment 10 or more individuals regardless of whether they were employed at the same moment of time (not taking into account service in agricultural labor performed before January 1, 1982, by an alien admitted to the United States to perform service in agricultural labor pursuant to Sections 214(c) and 101(a)(15)(H) of the Immigration and Nationality Act). Section 18. Said Act is further amended by adding a new paragraph (7) to subsection (n) of Section 19 to read as follows: (7) Any remuneration paid for services performed by an alien, unless such alien is an individual who has been lawfully admitted for permanent residence or otherwise is permanently residing in the United States under color of law (including an alien who is lawfully present in the United States as a result of the application of the provisions of Section 203(a)(7) or Section 212(d)(5) of the Immigration and Nationality Act). Section 19. Said Act is further amended by adding a new subsection (z) to Section 19 to read as follows: (z) `Experience Rating Account' means the individual experience of a covered employer as determined by factors set forth in Section 7(c) of this Act. Section 20. Said Act is further amended by adding a new subsection, to be numbered (aa), at the end of Section 19 to read as follows: (aa) `Supplemental Unemployment Benefits' means only: (1) benefits which are paid to an employee because of his

involuntary separation from the employment of the employer
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(whether or not such separation is temporary) resulting directly from a reduction in force, the discontinuance of a plant or operation, or other similar conditions, and (2) sick and accident benefits subordinate to the benefits described in paragraph (1). Section 21. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval; provided, however, that Sections 4 and 5 shall become effective with any claims, establishing a Most Recent Employer, filed on or after March 31, 1981; and provided, further, that Section 14 shall become effective on July 1, 1981. Section 22. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1981. SUPERIOR COURT JUDGES RETIREMENT ACT AMENDED. No. 58 (House Bill No. 270). AN ACT To amend an Act known as the Act Creating the Superior Court Judges Retirement System, approved March 24, 1976 (Ga. Laws 1976, p. 586), as amended, so as to change the provisions relative to mandatory 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 known as the Act Creating the Superior Court Judges Retirement System, approved March 24, 1976 (Ga. Laws 1976, p. 586), as amended, is hereby amended by adding two
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new paragraphs at the end of subsection (a) of Section 11 to read as follows: Any other provisions of this or any other law to the contrary notwithstanding, any judge who was a member of the system in 1980 who was reelected as a judge in 1980 and who attains the age of seventy years during the term to which he was reelected shall be allowed, if he chooses to do so, to complete the term to which he was reelected without forfeiting any retirement or disability benefits under the provisions of this Act. Any other provisions of this or any other law to the contrary notwithstanding, any judge who is a member of the system who is reelected as a judge in the future and who attains the age of seventy years during the term to which he is reelected shall be allowed, if he chooses to do so, to complete the term to which he is reelected without forfeiting any retirement or disability benefits under the provisions of this Act., so that when so amended subsection (a) of Section 11 shall read as follows: (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 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 judge of the superior court on July 1, 1976, shall not be required to retire, regardless of his age, until such member obtains ten years of creditable service to qualify him for early retirement benefits under subsection (a) of Section 12 of this Act. Any other provisions of this or any other law to the contrary notwithstanding, any judge who was a member of the system in 1980 who was reelected as a judge in 1980 and who attains the age of seventy years during the term to which he was reelected shall be allowed, if he chooses to do so, to complete the term to which he was reelected without forfeiting any retirement or disability benefits under the provisions of this Act. Any other provisions of this or any other law to the contrary notwithstanding, any judge who is a member of the system who is
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reelected as a judge in the future and who attains the age of seventy years during the term to which he is reelected shall be allowed, if he chooses to do so, to complete the term to which he is reelected without forfeiting any retirement or disability benefits under the provisions of 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 16, 1981. GEORGIA PUBLIC SERVICE COMMISSION POWERS, DUTIES, HEARINGS. Code Chapter 93-3 Amended. No. 60 (House Bill No. 528). AN ACT To amend Code Chapter 93-3, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission, as amended, so as to transfer certain functions, powers, duties, and authority from the Department of Public Safety to the Georgia Public Service Commission; to repeal a certain section of the Executive Reorganization Act of 1972; to amend Code Section 93-501a, relating to hearing officers in utility proceedings as said Code section is provided in Act No. 19 of the regular 1981 session, approved March 2, 1981, so as to change the provisions relating to the functions, powers, duties, and authority to cross-examination of witnesses; 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 Chapter 93-3, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission, as amended, is hereby amended by adding immediately following Code Section 93-308.1 a new Code section, to be designated 93-308.2, to read as follows: 93-308.2. Functions retransferred to the Georgia Public Service Commission. The functions of the Department of Public Safety relating to the performance of safety inspections on motor vehicles pursuant to Ga. Laws 1931, Ex. Sess., p. 99, and Ga. Laws 1931, p. 199, which were transferred to the Department of Public Safety from the Georgia Public Service Commission under the provisions of Section 1604 of the `Executive Reorganization Act of 1972' are hereby retransferred to the Georgia Public Service Commission. Such functions shall be performed by the Georgia Public Service Commission. The Georgia Public Service Commission shall retain the responsibility for establishing inspection criteria for vehicles subject to its regulation. Section 2. The Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, is hereby amended by striking in its entirety Section 1604, which reads as follows: Section 1604. Additional Functions Transferred to Department. The functions of the Public Service Commission relating to the performance of safety inspections of motor vehicles pursuant to Ga. Laws 1931, Ex. Sess., pp. 99, 111 and Ga. Laws 1931, pp. 199, 209 (Ga. Code Ann. Sec. 68251(a), 68-627(a)), are transferred to the Department of Public Safety. The Public Service Commission shall retain the responsibility for establishing inspection criteria for vehicles subject to its regulation. Unless inconsistent with this Act, any reference in Georgia Laws to the Public Service Commission relating to the performance of its vehicle safety inspection functions means the Department of Public Safety. Section 3. Code Section 93-501a, relating to hearing officers in utility proceedings as said Code section is provided in Act No. 19 of the regular 1981 session, approved March 2, 1981, is hereby amended by striking subsection (c) which reads as follows: (c) The hearing officer or Commission shall permit only the Commissioners, the hearing officer, or the party's attorneys of record to examine or cross-examine witnesses, except with the consent of the witness.,
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in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) The hearing officer or Commission shall permit only the Commissioners; the hearing officer; the parties; or the attorneys of record of said Commissioners, hearing officers, or parties to examine or cross-examine witnesses, except with the consent of the witness. 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 16, 1981. TEACHERS' RETIREMENT SYSTEM ACT AMENDED SERVICE PRIOR TO JANUARY 1, 1945. No. 66 (House Bill No. 339). AN ACT To amend an Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 1139), an Act approved March 2, 1978 (Ga. Laws 1978, p. 23), and an Act approved April 13, 1979 (Ga. Laws 1979, p. 1004), so as to provide for determining amounts payable to certain retired public schoolteachers who retired pursuant to county, municipal, or local board of education retirement or pension systems; 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 Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. Laws 1943, p. 640), as
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amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 1139), an Act approved March 2, 1978 (Ga. Laws 1978, p. 23), and an Act approved April 13, 1979 (Ga. Laws 1979, p. 1004), is hereby amended by adding after the period at the end of the third sentence of paragraph (f) of subsection (2) of Section 5 the following: In determining the monthly retirement allowance payable hereunder, credit shall be given for all teaching service prior to January 1, 1945, by a public schoolteacher under a county, municipal, or local board of education in this state if the county, municipal, or local board of education retirement or pension system under which that schoolteacher retired did not allow their schoolteachers to establish credit for any such service., so that when so amended said paragraph (f) shall read as follows: (f) Any provisions of this Act or any other law to the contrary notwithstanding, the minimum retirement allowance provided by paragraph (e) of this subsection shall be applicable to retired public schoolteachers who retired pursuant to a county, municipal or local board of education retirement or pension system. Effective January 1, 1975, such retired public schoolteachers shall be deemed to be members of this retirement system for the purposes of said paragraph (e) of this subsection. Beginning with such date, the Board of Trustees is hereby authorized and directed to pay directly to each such retired public schoolteacher a monthly retirement allowance which shall be equal to the difference between the retirement allowance received by such retired public schoolteacher pursuant to such county, municipal or local board of

education retirement or pension system and the minimum retirement allowance provided for by said paragraph (e) of this subsection. In determining the monthly retirement allowance payable hereunder, credit shall be given for all teaching service prior to January 1, 1945, by a public schoolteacher under a county, municipal, or local board of education in this state if the county, municipal, or local board of education retirement or pension system under which that schoolteacher retired did not allow their schoolteachers to establish credit for any such service. Provided, however, that on and after the effective date of this Amendment, increases in retirement allowances granted to such retired public schoolteachers by a county, municipal or local board of education retirement or pension system shall not reduce or diminish the retirement allowance paid to such retired public schoolteachers by the Teachers' Retirement System of Georgia. The amount of

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monthly retirement allowances paid to such retired public schoolteachers by the Teachers' Retirement System of Georgia shall remain the same, or be returned to the same, as that paid upon their initial retirement with no reduction or diminution due to increases granted by the county, municipal or local board of education retirement or pension system, but the amount of the monthly retirement allowance paid to such retired public schoolteachers by the Teachers' Retirement System shall be increased as necessary to reflect increases in the minimum retirement allowance provided by paragraph (e) of 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 16, 1981. EMPLOYMENT SECURITY LAW AMENDED. No. 67 (House Bill No. 202). 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 strike the benefit tables which are redundant; to provide an increase in the maximum weekly benefit amount; to provide for disqualification for benefits under certain circumstances; to prevent an additional 10 percent tax increase to all employers effective January 1, 1982; 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. 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 in its entirety paragraph (1) of subsection (b) of Section 3, which reads as follows: (1)

Amount - An individual's `weekly benefit amount' shall be the amount appearing in Column B in the table of this Section

on the same horizontal line on which appears in Column A of said table the total insured wages paid such individual in

that quarter of his base period in which such total wages were highest, provided insured wages were paid such individual

during two or more quarters of his base period and the total of such wages equals or exceeds the amount shown in Column

C of the table on the same line. COLUMN A COLUMN B COLUMN C

Wages paid in Highest Quarter of

Base Period Weekly Benefit Amount Qualifying Wages In Base Period

$ 175.00 - 299.99 $12 $ 432 300.00

- 324.99 13 468 325.00 - 349.99 14 504 350.00 374.99 15 540 375.00 - 399.99 16 576 400.00 - 424.99 17

612 425.00 - 449.99 18 648 450.00 - 474.99 19 684 475.00 - 499.99 20 720 500.00 - 524.99 21 756 525.00

- 549.99 22 792 550.00 - 574.99 23 828 575.00 - 599.99 24 864 600.00 - 624.99 25 900 625.00 - 649.99 26

936 650.00 - 674.99 27 972 675.00 - 699.99 28 1,008 700.00 - 724.99 29 1,044 725.00 - 749.99 30 1,080

750.00 - 774.99 31 1,116 775.00 - 799.99 32 1,152 800.00 - 824.99 33 1,188 825.00 - 849.99 34 1,224

850.00 - 874.99 35 1,260 875.00 - 899.99 36 1,296 900.00 - 924.99 37 1,332 925.00 - 949.99 38 1,368

950.00 - 974.99 39 1,404 975.00 - 999.99 40 1,440 1,000.00 - 1,024.99 41 1,476 1,025.00 - 1,049.99 42 1,512

1,050 - 1,074.99 43 1,548 1,075.00 - 1,099.99 44 1,584 1,100.00 - 1,124.99 45 1,620 1,125.00 - 1,149.99 46

1,656 1,150.00 - 1,174.99 47 1,692 1,175.00 - 1,199.99 48 1,728 1,200.00 - 1,224.99 49 1,764 1,225.00 -

1,249.99 50 1,800 1,250.00 - 1,274.99 51 1,836 1,275.00 - 1,299.99 52 1,872 1,300.00 - 1,324.99 53 1,908

1,325.00 - 1,349.99 54 1,944 1,350.00 and over 55 1,980

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Provided, that the one benefit amount of $50.00 is effective January 1, 1971, through June 30, 1972, as the maximum amount; that the benefit amounts from $51.00 through $55.00 are to be effective on July 1, 1972, with benefit years beginning July 1, 1972. Provided further, there shall be added to the foregoing Benefit Table, as amended, to be effective January 1, 1973, five (5) additional steps effective with benefit years beginning January 1, 1973, increasing

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the weekly benefit amount to a maximum of sixty dollars ($60.00), with the Benefit Table remaining the same except for

the last step and the five additional steps which shall then read: COLUMN A COLUMN B COLUMN C

$1,350.00 - 1,374.99 $55 $1,980 1,375.00 - 1,399.99 56 2,016 1,400.00 - 1,424.99 57 2,052 1,425.00 - 1,449.99

58 2,088 1,450.00 - 1,474.99 59 2,124 1,475.00 and over 60 2,160 Provided, further, there shall be added to the

foregoing Benefit Table, as amended, to be effective January 1, 1974, five (5) additional steps effective with benefit years

beginning January 1, 1974, increasing the weekly benefit amount to a maximum of sixty-five dollars ($65.00), with the

Benefit Table remaining the same except for the last step and the five additional steps which shall then read: COLUMN

A COLUMN B COLUMN C

$1,475.00 - 1,499.99 $60 $2,160 1,500.00 - 1,524.99 61 2,196 1,525.00 -

1,549.99 62 2,232 1,550.00 - 1,574.99 63 2,268 1,575.00 - 1,599.99 64 2,304 1,600.00 and over 65 2,340

Provided, further, there shall be added to the foregoing Benefit Table, as amended, to be effective July 1, 1974, five (5)

additional steps effective with benefit years beginning July 1, 1974, increasing the weekly benefit amount to a maximum

of seventy dollars ($70.00), with the Benefit Table remaining the same except for the last step and the five additional steps

which shall then read: COLUMN A COLUMN B COLUMN C

$1,600.00 - 1,624.99 $65 $2,340

1,625.00 - 1,649.99 66 2,376 1,650.00 - 1,674.99 67 2,412 1,675.00 - 1,699.99 68 2,448 1,700.00 - 1,724.99 69

2,484 1,725.00 and over 70 2,520

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Provided, further, there shall be added to the foregoing Benefit Table, as amended, to be effective July 1, 1975, twenty

(20) additional steps effective with benefit years beginning July 1, 1975, increasing the weekly benefit amount to a

maximum of ninety dollars ($90.00), with the Benefit Table remaining the same except for the last step and the twenty

additional steps which shall then read: COLUMN A COLUMN B COLUMN C

$1,725.00 - 1,749.99 $70

$2,520 1,750.00 - 1,774.99 71 2,556 1,775.00 - 1,799.99 72 2,592 1,800.00 - 1,824.99 73 2,628 1,825.00 -

1,849.99 74 2,664 1,850.00 - 1,874.99 75 2,700 1,875.00 - 1,899.99 76 2,736 1,900.00 - 1,924.99 77 2,772

1,925.00 - 1,949.99 78 2,808 1,950.00 - 1,974.99 79 2,844 1,975.00 - 1,999.99 80 2,880 2,000.00 - 2,024.99 81

2,916 2,025.00 - 2,049.99 82 2,952 2,050.00 - 2,074.99 83 2,988 2,075.00 - 2,099.99 84 3,024 2,100.00 -

2,124.99 85 3,060 2,125.00 - 2,149.99 86 3,096 2,150.00 - 2,174.99 87 3,132 2,175.00 - 2,199.99 88 3,168

2,200.00 - 2,224.99 89 3,204 2,225.00 and over 90 3,240 Provided, however, to be effective April 1, 1976, and

effective with benefit years beginning on and after April 1, 1976, an individual's weekly benefit amount shall be that

whole dollar amount computed by dividing the total insured wages paid such individual in that quarter of his base period

in which such total wages were highest by 25 and adding 1 to the whole dollar amount of the quotient, provided insured

wages were paid such individual during two or more quarters of his base period and the total of such wages equals or

exceeds 1.5 times the total insured wages paid such individual in that quarter of his base period in which such total wages

were highest; provided further, that when the weekly benefit amount, as computed, would be more than $11 and less than

$27, the individual's weekly benefit

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amount will be $27; provided further, that no weekly benefit amount shall be established for less than $27 nor more than $90. Provided, however, that benefits shall not be paid for any week during which the employee is engaged in picketing or is a participant in a picket line at the factory, establishment, or other premises at which he is, or was last, employed, even though the stoppage of work shall have ceased and operations have been resumed., and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Amount - An individual's `weekly benefit amount' shall be that whole dollar amount computed by dividing the total insured wages paid such individual in that quarter of his base period in which such total wages were highest by 25 and adding one to the whole dollar amount of the quotient, provided insured wages were paid such individual during two or more quarters of his base period and the total of such wages equals or exceeds 1.5 times the total insured wages paid such individual in that quarter of his base period in which such total wages were highest; provided, further, that, when the weekly benefit amount, as computed, would be more than $11.00 and less than $27.00, the individual's weekly benefit amount will be $27.00; provided, further, that no weekly benefit amount shall be established for less than $27.00 nor more than $90.00. Provided, further, to be effective July 1, 1981, and effective with benefit years beginning on and after July 1, 1981, that no weekly benefit amount shall be established for less than $27.00 nor more than $115.00. Section 2. Said Act is further amended by adding at the end of subsection (b) of Section 5 the following: Provided, however, an individual shall secure employment and show to the satisfaction of the Commissioner that he has performed services in bona fide employment and earned insured wages equal to at least eight (8) times the weekly benefit amount of his claim if it is determined by the Commissioner that he has been discharged for cause by the

most recent employer for one or more of the following reasons: (1) Intentional conduct which results in a physical assault upon or bodily injury to the employer, fellow employees, customers, patients, bystanders or the eventual consumer of products; or
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(2) Intentional conduct by the employee which results in property loss or damages amounting to $2,000.00 or more; or (3) Intentional conduct that results in the employee being discharged for, and limited to, the following: theft, sabotage, embezzlement or falsification of employer's records after the beginning of employment., so that when so amended subsection (b) of Section 5 shall read as follows: (b) For the week or fraction thereof in which he has filed an otherwise valid claim for benefits after he has been discharged or suspended from work with his most recent employer for failure to obey orders, rules or instructions or the failure to discharge the duties for which he was employed, and for not less than four weeks and not more than eleven weeks, which immediately follow the week in which said valid claim was filed as determined by the Commissioner in the case according to the seriousness of the offense, not counting the waiting period: Provided, however, there shall be charged against the benefits to which the individual is entitled under Section 3(b), hereof, an amount equal to his weekly benefit amount for each week of such disqualification; provided, however, in the Commissioner's determination the burden of proof of just discharge or suspension for cause as set forth shall be on the employer and the presumption shall be with the employee. Provided, however, an individual shall secure employment and show to the satisfaction of the Commissioner that he has performed services in bona fide employment and earned insured wages equal to at least eight (8) times the weekly benefit amount of his claim if it is determined by the Commissioner that he has been discharged for cause by the most recent employer for one or more of the following reasons: (1) Intentional conduct which results in a physical assault upon or bodily injury to the employer, fellow employees, customers, patients, bystanders or the eventual consumer of products; or (2) Intentional conduct by the employee which results in property loss or damages amount to $2,000.00 or more; or (3) Intentional conduct that results in the employee being discharged for, and limited to, the following: theft, sabotage, embezzlement or falsification of employer's records after the beginning of employment.
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Section 3. Said Act is further amended by adding at the end of the first paragraph of paragraph (8) of subsection (c) of Section 7 the following: Provided, further, that for rates calculated as of the June 30, 1981, computation date, to be effective for the calendar year 1982, and for subsequent computation dates for subsequent calendar years, rates will not be increased by operation of this Section 7(c)(8), more than that rate effective for calendar year 1978., so that when so amended the first paragraph of paragraph (8) of subsection (c) of Section 7 shall read as follows: (8) Effective with the year 1974, a Statewide Reserve Ratio shall be computed as of June 30 of each year. Such Statewide Reserve Ratio shall be computed by dividing the balance in the Reserve Fund including accrued interest as of June 30 of each year, by the total covered wages (as defined in this Act) paid in the State for the twelve-month period, ending on December 31, of the previous calendar year. Any amount credited to the State's account under Section 903 of the Social Security Act, as amended, which has been appropriated for the expenses of administration whether or not withdrawn from the trust fund, shall be excluded from the Reserve Fund balance in computing the Statewide Reserve Ratio. Provided, further, that for rates calculated as of the June 30, 1981, computation date, to be effective for the calendar year 1982, and for subsequent computation dates for subsequent calendar years, rates will not be increased by operation of this Section 7(c)(8), more than that rate effective for calendar year 1978. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1981.
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LAND CONVEYANCE TO UNITED TECHNOLOGIES CORPORATION. No. 5 (House Resolution No. 302). A RESOLUTION Authorizing the conveyance of certain State-owned property located in the City of Columbus, Muscogee County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia Department of Transportation is the owner of approximately three (3.0) acres located in Muscogee County, Georgia; and WHEREAS, said real property consists of all those tracts or parcels of land lying and being in Muscogee County, Georgia, and being generally described as follows: Tract Number One All that lot, tract, and parcel of land situate, lying, and being in Land Lot 131 in the 18th District of Muscogee County, Georgia, and being located in part of lot number One (1) of the Warren Huff Place, and being located in Tract B of the T. T. Ray Property, and being particularly identified as PART OF TRACT B OF THE T. T. RAY PROPERTY, a map of the T. T. Ray PROPERTY

being of record in Plat Book 8, Page 260 in the Office of the Clerk of the Superior Court of Muscogee County, Georgia; which said PART OF TRACT B of the T. T. RAY PROPERTY hereby conveyed being particularly described as follows: BEGINNING at a point on the northern side of the Macon Road at the southwest corner of TRACT B OF THE T. T. RAY PROPERTY, which point is marked by an iron pin, and from said point running north 1 degree 3 minutes west for a distance of 554.6 feet to an iron pin; thence running north 83 degrees 23 minutes east for a distance of 200.0 feet to an iron pin; thence running south 1 degree 3 minutes east for a distance of 396.14 feet to an iron pin; thence running south 83 degrees 23 minutes west for a distance of 150.0 feet to an iron pin; thence running south 1 degree 3 minutes east for a distance of 144.3 feet to an iron pin on the northern side of the Macon Road; thence running south 79 degrees 40 minutes west for a distance of 50.59 feet to the point of beginning, containing 2.0 acres of land more or less; and
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Tract Number Two All that tract and parcel of land situate, lying and being in Land Lot 131 of the Ninth Land District of Muscogee County, Georgia, being Part of Parcel B of the property of T. T. Ray being part of Lot Numbered One (1) of the Warren Huff Place, as said Parcel B is shown upon a map or plat dated September 29, 1952, made by L. R. Aldridge, Jr., C. E., recorded in Plat Book 8, Folio 260 in the Office of the Clerk of the Superior Court of Muscogee County, Georgia and being more particularly described as follows: Starting at an iron pin located at the northwest corner of the intersection of United States Highway No. 80, also known as the New Macon Road and Garrett Road, and from said starting point running thence westerly, along the North line of said New Macon Road, a distance of 429.43 feet to an iron pin; running thence North 01 degree 03 minutes West a distance of 303.83 feet to an iron pin that denominates the beginning point of the tract and parcel hereby conveyed; running thence South 88 degrees 57 minutes West a distance of 203.22 feet to an iron pin; running thence North 01 degree 03 minutes West, along the East line of property heretofore acquired by the State of Georgia Department of Transportation under deed dated October 24, 1956, a distance of 204.45 feet to an iron pin; thence running North 83 degrees 23 minutes East, along the North line of said Parcel B a distance of 204.18 feet to an iron pin; and running thence South 01 degree 03 minutes East, along the East line of said Parcel B a distance of 224.26 feet to the point of beginning; and WHEREAS, in order to accommodate the industrial development of Muscogee County, the Department of Transportation desires to sell such property to United Technologies Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA: Section 1. That the State of Georgia Department of Transportation is the owner of the above-described property. Section 2. That the Department of Transportation 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 as established by the Department of Transportation to United Technologies Corporation upon such terms and conditions as the Department
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of Transportation shall in its discretion determine to be in the best interests of the State of Georgia. Section 3. That the Department of Transportation 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 18, 1981. BOARD OF RECREATION EXAMINERS ACT AMENDED. No. 69 (House Bill No. 426). 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, particularly by an Act approved April 7, 1980 (Ga. Laws 1980, p. 1511), so as to continue the Board of Recreation Examiners of the State of Georgia and the laws relating thereto until July 1, 1983; to provide for an additional exception to said 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 Board of Recreation Examiners of
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the State of Georgia, approved March 8, 1968 (Ga. Laws 1968, p. 137), as amended, particularly by an Act approved April 7, 1980 (Ga. Laws 1980, p. 1511), is hereby amended by striking from subsection (b) of Section 2 of said Act the following: 1981, and inserting in lieu thereof the following: 1983, so that when so amended, subsection (b) of Section 2 of said Act shall 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 Board of Recreation Examiners of the State of Georgia and the laws relating thereto are hereby continued until July 1, 1983, 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. Section 2. Said Act is further amended by adding at the end of Section 16A a new subsection, to be designated subsection (6), to read as follows: (6) Activity directors in skilled and intermediate care facilities or any combination of the two., so that when so amended, Section 16A of said Act shall 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,

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(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. (5) Proprietary and nonproprietary physical fitness centers. (6) Activity directors in skilled and intermediate care facilities or any combination of the two. 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 18, 1981. STATE EMPLOYEES HEALTH INSURANCEEMPLOYEE DEFINED, COSTS. No. 70 (Senate Bill No. 14). AN ACT To amend an Act relating to health insurance coverage for State employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amended, particularly by an Act approved April 12, 1969 (Ga. Laws 1969, p. 667) and an Act approved March 20, 1980 (Ga. Laws 1980, p. 455), so as to provide a new definition for the term employee; to define the term a person who works full time for the State; to
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increase the maximum employer contribution from five percent to eight percent of the total outlay for personal services in addition to an amount to be established by the board to defray the costs of administration and the State's portion of the cost of benefits payable for annuitants; 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 health insurance coverage for State employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amended, particularly by an Act approved April 12, 1969 (Ga. Laws 1969, p. 667) and an Act approved March 20, 1980 (Ga. Laws 1980, p. 455), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) For purposes of this Act, the term `employee' means: (1) 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; (2) An annuitant who at the time of his retirement worked full time for the State and received his compensation in a direct payment from a department, agency or institution of the State government and who draws a monthly benefit from the Employees' Retirement System of Georgia; (3) A person who is appointed to an emeritus position under the laws of the State of Georgia; (4) Members of the General Assembly; (5) Administrative and clerical personnel of the General Assembly; (6) District attorneys and certain assistant district attorneys of the superior courts of Georgia; (7) A person who works full time and receives his compensation in a direct payment from a county board of health or the county boards of health comprising a health district or the county
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boards of health receiving financial assistance from the State Department of Human Resources; (8) An annuitant who at the time of his retirement worked full time and received his compensation in a direct payment from a county board of health or the county boards of health comprising a health district or the county boards of health receiving financial assistance from the State Department of Human Resources; (9) A county employee who works full time for a County Department of Family and Children Services and who receives his compensation from a County Department of Family and Children Services; (10) An annuitant who at the time of his retirement was a county employee who worked full time for a County Department of Family and Children Services and who received his compensation in a direct payment from a County Department of Family and Children Services and who draws a monthly benefit from either the Employees' Retirement System of Georgia or a county employees' retirement system; (11) Secretaries employed by district attorneys and by judges of the superior courts and law clerks employed by the 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 hereinafter be amended and particularly as amended by an Act approved March 30, 1972 (Ga. Laws

1972, p. 617); (12) For purposes of this Act, the phrase `person who works full time' means an individual who works at least thirty (30) hours per week and whose employment is intended to be a continuing employment. This would exclude any student, seasonal, intermittent, or part-time employment. This would also exclude employment intended for only a very limited duration. Section 2. Said Act is further amended by striking in its entirety Section 11 and inserting in lieu thereof a new Section 11 to read as follows: Section 11. During any period in which an employee is covered under this Act prior to the date of his retirement, there shall be
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withheld from each salary payment, or other compensation, 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 the Employees' Retirement System of Georgia 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 various departments, boards and agencies of the State government shall contribute to this health insurance fund such portions of the costs of such benefits as may be established by the State Personnel Board and the Governor as funds become available in each department, board and agency not exceeding the sum of eight percent of the total outlay for personal services in addition to an amount to be established by the board to defray the cost of administration and the State's portion of the cost of benefits payable for annuitants. The legislative fiscal officer shall contribute to this health insurance fund as an employer payment for and on behalf of all members of the General Assembly of the State of Georgia and its administrative and clerical personnel. The Department of Administrative Services shall contribute to said fund as an employer payment for and on behalf of district attorneys, certain assistant district attorneys, secretaries and law clerks of the Superior Courts of the State of Georgia and secretaries employed by district attorneys as defined in Section 1 herein. The amount of such contributions shall be such portions of the costs of such benefits as may be established by the State Personnel Board as a per centum of the total outlay of services rendered by members of the General Assembly of the State of Georgia, its administrative and clerical personnel, and the district attorneys of the Superior Courts of the State of Georgia, and in addition thereto an amount to be established by the board to defray the costs of administration. 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 19, 1981. DEPARTMENT OF INDUSTRY AND TRADEMOVING EXPENSES OF EMPLOYEES. No. 71 (Senate Bill No. 15). AN ACT To amend an Act providing for the reimbursement of State employees for transportation of household goods and incident expenses incurred during a change in residence, approved April 13, 1973 (Ga. Laws 1973, p. 708), so as to provide that the Department of Industry and Trade may reimburse an employee of that department for such transportation and expenses incurred during a change of residence to a foreign country; 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 reimbursement of State employees for transportation of household goods and incident expenses incurred during a change in residence, approved April 13, 1973 (Ga. Laws 1973, p. 708), is hereby amended by adding at the end of Section 1 the following: Provided, however, that the Department of Industry and Trade may also reimburse an employee of that department for transportation of household goods and expenses incident to a change of residence to a foreign country as a result of an action of that department requiring such relocation when such action is in the best interest of that department.,

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so that when so amended Section 1 shall read as follows: Section 1. Notwithstanding any law, rule or regulation to the contrary, a State department may reimburse an employee of State government for expenses incurred for transportation of household goods and expenses incident to change of residence from one part of the State to another as a result of an action of the State department requiring such relocation when such action is in the best interest of the department. Provided, however, that the Department of Industry and Trade may also reimburse an employee of that department for transportation of household goods and expenses incident to a change of residence to a foreign country as a result of an action of that department requiring such relocation when such action is in the best interest of that department. 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 19, 1981. BRUNSWICK JUDICIAL CIRCUITJUDGES' AND DISTRICT ATTORNEY'S COMPENSATION. No. 72 (Senate Bill No. 324). AN

ACT To provide for a supplement to the salaries of the judges and senior judges of the superior courts and the district attorney, of the Brunswick Judicial Circuit; to authorize Glynn and Camden Counties to increase such salary supplement; 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 . (a) The governing authorities of Glynn and Camden counties in the Brunswick Judicial Circuit are hereby authorized to supplement the salary of each superior court judge, and senior judge on his currently paid percentage basis, and the district attorney, of the Brunswick Judicial Circuit in an amount to be determined within the discretion of each governing authority. Each such supplement shall be paid in monthly installments from the funds of the County. (b) Any salary supplement paid by Glynn or Camden county pursuant to subsection (a) of this section shall be in addition to and not in lieu of the salary supplements required to be paid by such County pursuant to the Act approved March 6, 1945 (Ga. Laws 1945, p. 890), and pursuant to the Act approved January 28, 1960 (Ga. Laws 1960, p. 52). 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 1981 session of the General Assembly of Georgia a bill to provide for a supplement of the salaries of the judges of the Superior Courts of the Brunswick Judicial Circuit; to authorize counties within the Brunswick Judicial Circuit to increase such salary supplement; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Littlefield who, on oath, deposes and says that he/she is Senator from the 6th District, and that the
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attached copy of Notice of Intention to Introduce Local Legislation was published in the Baxley News-Banner which is the official organ of Appling County, on the following dates: January 22, 29, and February 5, 1981. /s/ Bill Littlefield Senator, 6th District Sworn to and subscribed before me, this 13th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to provide for a supplement of the salaries of the Judges, and District Attorney of the Superior Courts of the Brunswick Judicial Circuit; to authorize counties within the Brunswick Judicial Circuit to increase such salary supplements; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Littlefield who, on oath, deposes and says that he/she is Senator from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Camden County Tribune which is the official organ of Camden County, on the following dates: January 22, 29, February 5, 1981.
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/s/ Bill Littlefield Senator, 6th District Sworn to and subscribed before me, this 13th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to provide for a supplement of the salaries of the Judges and District Attorney of the Superior Courts of the Brunswick Judicial Circuit; to authorize counties within the Brunswick Judicial Circuit to increase such salary supplements; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Littlefield who, on oath, deposes and says that he/she is Senator from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following dates: January 19, 26, February 2, 1981. /s/ Bill Littlefield Senator, 6th District
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Sworn to and subscribed before me, this 13th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at

Large. My Commission Expires Dec. 28, 1984. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to provide for a supplement of the salaries of the Judges, and District Attorney of the Superior Courts of the Brunswick Judicial Circuit; to authorize counties within the Brunswick Judicial Circuit to increase such salary supplements; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Littlefield who, on oath, deposes and says that he/she is Senator from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jeff Davis County Ledger which is the official organ of Jeff Davis County, on the following dates: January 21, 28, February 4, 1981. /s/ Bill Littlefield Senator, 6th District Sworn to and subscribed before me, this 13th day of February, 1981.
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/s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia a bill to provide for a supplement of the salaries of the Judges, and District Attorney of the Superior Courts of the Brunswick Judicial Circuit; to authorize counties within the Brunswick Judicial Circuit to increase such salary supplements; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Littlefield who, on oath, deposes and says that he/she is Senator from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Press-Sentinel which is the official organ of Wayne County, on the following dates: January 21, 28, February 4, 1981. /s/ Bill Littlefield Senator, 6th District
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Sworn to and subscribed before me, this 13th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved March 19, 1981. CHATTAHOOCHEE JUDICIAL CIRCUITCOMPENSATION OF ASSISTANT DISTRICT ATTORNEY. No. 81 (House Bill No. 751). AN ACT To amend an Act abolishing the fee systems in the superior courts of the Chattahoochee Judicial Circuit, as applied to the office of district attorney, and providing for the payment of the salary of said district attorney, approved August 20, 1917 (Ga. Laws 1917, p. 283), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 952), so as to change the maximum compensation of the assistant 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 abolishing the fee systems in the superior courts of the Chattahoochee Judicial Circuit, as applied to the office of district attorney, and providing for the payment of the salary of said district attorney, approved August 20, 1917 (Ga. Laws 1917, p. 283), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 952), is hereby amended by striking the figure 20,000.00 in Section 2A and inserting in lieu thereof the figure 25,000.00, so that Section 2A, when so amended, shall read as follows:
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Section 2A. The district attorney of the Chattahoochee Judicial Circuit is hereby authorized to appoint an assistant district attorney who shall assist the district attorney in carrying out his duties and functions in the Superior Court of Muscogee County. Said assistant district attorney shall serve at the pleasure of the district attorney of the Chattahoochee Judicial Circuit. In carrying out his functions and duties in the Superior Court of Muscogee County, said assistant district attorney shall be clothed with all the authority of the district attorney. Said assistant district attorney shall be compensated in an amount not less than $16,000.00 per annum nor more than $25,000.00 per annum, said amount to be determined by the district attorney and to be paid in equal monthly installments from the funds of Muscogee County. The assistant district attorney authorized pursuant to this section shall devote his full time to the duties of his office and shall not otherwise engage in the practice of law during his tenure of 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1981 session of the General Assembly of Georgia, a bill to amend an act creating and establishing the office of Assistant District Attorney of Muscogee County, Georgia, approved February 17, 1966 (Ga. L. 1966, p. 18, 20), so as to change the compensation of said office; to provide an effective date for said

changes of compensation; and to repeal conflicting laws; and for other purposes. This 21st day of January, 1981. Thomas B. Buck, III Richard Hagler Office of the Dist. Atty. The Government Center Columbus, Ga. 31902
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III who, on oath, deposes and says that he/she is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Harris County Journal which is the official organ of Harris County, on the following dates: January 29, February 5, 12, 1981. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1981 session of the General Assembly of Georgia, a bill to amend an act creating and establishing the office of Assistant District Attorney of Muscogee County, Georgia, approved February 17, 1966 (Ga. L. 1966, p. 18, 20), so as to change the compensation of said office; to provide an effective date for said changes of compensation; and to repeal conflicting laws; and for other purposes. This 21st day of January, 1981.
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Thomas B. Buck, III Richard Hagler Office of the Dist. Atty. The Government Center Columbus, Ga. 31902 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III who, on oath, deposes and says that he/she is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Talbotton New Era which is the official organ of Talbot County, on the following dates: January 29, February 5, 12, 1981. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1981 session of the General Assembly of Georgia, a bill to amend an act creating and establishing the office of Assistant District
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Attorney of Muscogee County, Georgia, approved February 17, 1966 (Ga. L. 1966, p. 18, 20), so as to change the compensation of said office; to provide an effective date for said changes of compensation; and to repeal conflicting laws; and for other purposes. This 21st day of January, 1981. Thomas B. Buck, III Richard Hagler Office of the Dist. Atty. The Government Center Columbus, Ga. 31902 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III who, on oath, deposes and says that he/she is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Patriot Citizen which is the official organ of Marion County, on the following dates: January 29, February 5, 12, 1981. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal).
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1981 session of the General Assembly of Georgia, a bill to amend an act creating and establishing the office of Assistant District Attorney of Muscogee County, Ga., approved February 17, 1966 (Ga. L. 1966, p. 18, 20), so as to change the compensation of said office; to provide an effective date for said changes of compensation; and to repeal conflicting laws; and for other purposes. This 21st day of January, 1981. Thomas B. Buck, III Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III who, on oath, deposes and says that he/she is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Taylor County News which is the official organ of Taylor County, on the following dates: January 21, 28, and February 4, 1981. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1981 session of the General Assembly of Georgia, a bill to amend an act creating and establishing the office of Assistant District Attorney of Muscogee County, Ga., approved February 17, 1966 (Ga. L. 1966, p. 18, 20), so as to change the compensation of said office; to provide an effective date for said changes of compensation; and to repeal conflicting laws; and for other purposes. This 21st day of January, 1981. /s/ Thomas B. Buck, III Thomas B. Buck, III Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III who, on oath, deposes and says that he/she is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following dates: January 28, February 4, 11, 1981. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 17th day of February, 1981.
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/s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1981 session of the General Assembly of Georgia, a bill to amend an act creating and establishing the office of Assistant District Attorney of Muscogee County, Ga., approved February 17, 1966 (Ga. L. 1966, p. 18, 20), so as to change the compensation of said office; to provide an effective date for said changes of compensation; and to repeal conflicting laws; and for other purposes. This 21st day of January, 1981. /s/ Thomas B. Buck, III Thomas B. Buck, III Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III who, on oath, deposes and says that he/she is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Enquirer which is the official organ of Chattahoochee County, on the following dates: January 28, February 4, 11, 1981. /s/ Thomas B. Buck, III Representative, 95th District
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Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 28, 1984. (Seal). Approved March 19, 1981. MIDDLE GEORGIA CONSORTIUM, INC. No. 82 (House Bill No. 816). AN ACT To ratify the incorporation on September 10, 1979, of the existing Middle Georgia Consortium, Inc., under the Constitution of the State of Georgia, as an independent agency of the Middle Georgia Consortium for the administration of CETA grants; to validate the Articles of Incorporation as formulated in the incorporation of the Middle Georgia Consortium, Inc., and to provide for amendment of the Articles of Incorporation under the law; to validate retrospectively past acts of said corporation in consonance with the laws of the State of Georgia for the conduct of such corporations; to provide for legislative intent; 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. Legislative intent. It is the intent of the General Assembly to ratify the existence of the Middle Georgia Consortium, Inc., so as to validate its incorporation on September 10, 1979, as though enabling legislation had been passed prior to said date or incorporation.
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Section 2. Purpose. The Middle Georgia Consortium, Inc., shall be the agency of the Middle Georgia Consortium for the administration of CETA grants in Bibb, Crawford, Houston, Jones, Monroe, Peach, and Twiggs County, including the City of Macon. Section 3. Independent entity. The Middle Georgia Consortium, Inc., shall be an independent entity under the laws and regulations of the United States, the State of Georgia, and their agencies for all purposes, including its relationship to the United States Department of Labor, the United States Internal Revenue Service, other governmental agents, and subrecipients of CETA grants. Section 4. Constitutional construction. It is the controlling legislative intent that if any provision or application of this Act is held invalid, the remainder of this Act shall not be affected thereby. Section 5. Validation of the Articles of Incorporation. The Articles of Incorporation as formulated in the incorporation of the Middle Georgia Consortium, Inc., on September 10, 1979, are hereby validated retrospectively, as though formulated after enabling legislation. Section 6. Amendment of the Articles of Incorporation. The Articles of Incorporation and the Bylaws of the Middle Georgia Consortium, Inc., may be amended under the law without requirement for further legislation. Section 7. Validation of past acts of the Middle Georgia Consortium, Inc. All proceedings, contracts,

agreements, obligations, and other acts heretofore performed or undertaken by the Middle Georgia Consortium, Inc., under the law, are hereby validated, ratified, confirmed, and declared legal as though enabling legislation existed when incorporated on September 10, 1979. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Apply for Passage of Local Legislation. Pursuant to Section 2-1309, Georgia Code Annotated, notice is hereby given that Monroe County, Georgia intends to apply for passage of local legislation so as to have the General Assembly of the State of Georgia validate, ratify, confirm, approve and declare legal in all respects, notwithstanding any defect or irregularity therein or any want of statutory authority, a corporation created under the laws of the State of Georgia and known as the Middle Georgia Consortium, Inc., said corporation being created on the 10th day of September, 1979. This the 21st day of January, 1981. W. N. Peters Chairman, Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David E. Lucas who, on oath, deposes and says that he/she is Representative from the 102nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter which is the official organ of Monroe County, on the following dates: January 21, 28, and February 4, 1981. /s/ David E. Lucas Representative, 102nd District Sworn to and subscribed before me, this 23rd day of February, 1981.
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/s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Notice of Intention to Apply for Passage of Local Legislation. Pursuant to Section 2-1309, Georgia Code Annotated, notice is hereby given that Jones County, Georgia, intends to apply for passage of local legislation so as to have the General Assembly of the State of Georgia validate, ratify, confirm, approve and declare legal in all respects, notwithstanding any defect or irregularity therein or any want of statutory authority, a corporation created under the laws of the state of Georgia and known as the Middle Georgia Consortium, Inc., said corporation being created on the 10th day of September, 1979. This the day of 1981. James Balkcom Chairman, Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David E. Lucas who, on oath, deposes and says that he/she is Representative from the 102nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jones County News which is the official organ of Jones County, on the following dates: January 22, 29, and February 5, 1981.
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/s/ David E. Lucas Representative, 102nd District Sworn to and subscribed before me, this 23rd day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Notice of Intention to Apply for Passage of Local Legislation. Pursuant to Section 2-1309, Georgia Code Annotated, notice is hereby given that Houston County, Georgia intends to apply for passage of local legislation so as to have the General Assembly of the State of Georgia validate, ratify, confirm, approve and declare legal in all respects, notwithstanding any defect or irregularity therein or any want of statutory authority, a corporation created under the laws of the State of Georgia and known as the Middle Georgia Consortium, Inc., said corporation being created on the 10th day of September, 1979. This the 16th day of Jan., 1981. V. W. McEver, Chairman, Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David E. Lucas who, on oath, deposes
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and says that he/she is Representative from the 102nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County, on the following dates: January 22, 29, and February 5, 1981. /s/ David E. Lucas Representative, 102nd District Sworn to and subscribed before me, this 23rd day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Notice of Intention to Apply for Passage of Local Legislation. Pursuant to Section 2-1309, Georgia Code Annotated, notice is hereby given that Bibb County, Georgia intends to apply for passage of local legislation so as to have the General Assembly of the State of Georgia validate, ratify, confirm, approve and declare legal in all respects, notwithstanding any defect or irregularity therein or any want of statutory authority, a corporation created under the laws of the State of Georgia and known as the Middle Georgia Consortium,

Inc., said corporation being created on the 10th day of September, 1979. This the day of January, 1981. Emory Green, Chairman, Bibb County Board of Commissioners
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David E. Lucas who, on oath, deposes and says that he/she is Representative from the 102nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon News which is the official organ of Bibb County, on the following dates: January 23, 30, and February 6, 1981. /s/ David E. Lucas Representative, 102nd District Sworn to and subscribed before me, this 23rd day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Notice of Intention to Apply for Passage of Local Legislation. Pursuant to Section 2-1309, Georgia Code Annotated, notice is hereby given that Twiggs County, Georgia intends to apply for passage of local legislation so as to have the General Assembly of the State of Georgia validate, ratify, confirm, approve and declare legal in all respects, notwithstanding any defect or irregularity therein or any want of statutory authority, a corporation created under the laws of the State of Georgia and known as the Middle Georgia Consortium Inc., said corporation being created on the 10th day of September, 1979.
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This the 16th day of January, 1981. Millard Hendricks Chairman, Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David E. Lucas who, on oath, deposes and says that he/she is Representative from the 102nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Twiggs County New Era which is the official organ of Twiggs County, on the following dates: January 21, 28, and February 4, 1981. /s/ David E. Lucas Representative, 102nd District Sworn to and subscribed before me, this 23rd day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Notice of Intention to Apply for Passage of Local Legislation. Pursuant to Section 2-1309, Georgia Code Annotated, notice is hereby given that Crawford County, Georgia intends to apply for passage of local legislation so as to have the General Assembly of the State of Georgia validate, ratify, confirm, approve and declare legal in
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all respects, notwithstanding any defect or irregularity therein or any want of statutory authority, a corporation created under the laws of the State of Georgia and known as the Middle Georgia Consortium, Inc., said corporation being created on the 10th day of September, 1979. This the 16th day of January, 1981. Charles Dubyak Chairman, Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David E. Lucas who, on oath, deposes and says that he/she is Representative from the 102nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Georgia Post which is the official organ of Crawford County, on the following dates: January 22, 29, and February 5, 1981. /s/ David E. Lucas Representative, 102nd District Sworn to and subscribed before me, this 23rd day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal).
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Notice of Intention to Apply for Passage of Local Legislation. Pursuant to Section 2-1309, Georgia Code Annotated, notice is hereby given that Peach County, Georgia intends to apply for passage of local legislation so as to have the General Assembly of the State of Georgia validate, ratify, confirm, approve and declare legal in all respects, notwithstanding any defect or irregularity therein or any want of statutory authority, a corporation created under the laws of the State of Georgia and known as the Middle Georgia Consortium, Inc., said corporation being created on the 10th day of September, 1979. This the 22nd day of January, 1981. Hal Peavy Chairman, Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David E. Lucas who, on oath, deposes and says that he/she is Representative from the 102nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Leader-Tribune which is the official organ of Peach County, on the following dates: January 22, 29, and February 5, 1981. /s/ David E. Lucas Representative, 102nd District

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Sworn to and subscribed before me, this 23rd day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved March 19, 1981. PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT AMENDED. No. 90 (House Bill No. 182). 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
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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. 580), an Act approved March 23, 1977 (Ga. Laws 1977, p. 682), an Act approved April 5, 1978 (Ga. Laws 1978, p. 1921), an Act approved March 21, 1979 (Ga. Laws 1979, p. 430), and an Act approved March 25, 1980 (Ga. Laws 1980, p. 1121), so as to change the provisions relating to benefits; to change the provisions relating to retirement; to change the provisions relating to disability; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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. 580), an Act approved March 23, 1977 (Ga. Laws 1977, p. 682), an Act approved April 5, 1978 (Ga. Laws
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1978, p. 1921), an Act approved March 21, 1979 (Ga. Laws 1979, p. 430), and an Act approved March 25, 1980 (Ga. Laws 1980, p. 1121), is hereby amended by striking from the language in Section 11 relative to Option 1 the following: $10.00, and inserting in lieu thereof the following: $12.00, so that when so amended the language relating to Option 1 shall read as follows: Option 1. Single Life Annuity; Monthly Payment Level for Life of Member Only. The amount of the monthly payment to be paid under this option shall be an amount equal to $12.00 per month for each full year of creditable service, if such creditable service shall total at least 20 years and the member is 55 years of age or older, or if such creditable service shall total at least 30 years regardless of age. Such monthly benefit payment shall be paid on each full year of creditable service up to a maximum of 30 years of total service. No member shall be eligible for benefits hereunder until his official duties as a peace officer shall have been terminated, except as otherwise provided in this Act, and unless he shall file an application for retirement benefits within ninety days from the date of the termination of his

official duties as such peace officer, unless prevented therefrom for good cause. If such retiring member shall qualify for retirement benefits in every respect except for completion of payment of monthly dues for the periods of time for which he has received service credit, dues shall be deducted from his monthly benefit check until such dues have been paid in full. Any member who has at least 20 years of creditable service for which dues have been fully paid, but who has not reached his 55th birthday, may cease paying monthly dues into the Fund, if he has terminated his employment as a peace officer, and upon reaching his 55th birthday, he may be eligible to receive retirement benefits as provided herein. Section 2 . Said Act is further amended by striking from the next to last paragraph of Section 11 the following: May 1, 1979,
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as it appears in three places in said paragraph and inserting in lieu thereof the following: May 1, 1981, in said three places, so that when so amended the next to last paragraph of Section 11 shall read as follows: The amounts provided for retirement benefits in this Section shall apply to those members who have retired prior to May 1, 1981, as well as to those members who retire on or after said date. The service of each member who retired prior to May 1, 1981, shall be recomputed and if it is determined that the amounts provided for herein shall result in an increase in the retirement benefits being paid to such member, such benefits shall be increased to the proper amount, and shall be paid to him in the future, beginning May 1, 1981. If it is determined that an increase in retirement benefits will result for any such retired member, and he shall not have completed payment of dues for all service credit previously allowed as of the date of his retirement, the monthly dues provided for herein shall be deducted from his monthly retirement benefits until such time as said dues shall have been paid for each month of service for which retirement credit has been received. Provided, however, that no such member shall be allowed to change the option under which he originally retired, unless he shall again become employed as a peace officer as provided in the preceding paragraph of this Section, and complies with all the provisions of the preceding paragraph. Section 3 . Said Act is further amended by adding before the last paragraph of Section 11 a new paragraph to read as follows: In the event an active member of the Fund dies before retirement and such member would otherwise have been eligible to receive retirement benefits except for his not having terminated his official capacity as a peace officer, benefits shall be 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 this Section to the same extent as if such member had died while receiving retirement benefits under Option 2. Section 4 . Said Act is further amended by striking from subsection (b) of Section 12 the following:
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$150, and inserting in lieu thereof the following: $175, so that when so amended subsection (b) of Section 12 shall read as follows: (b) Any peace officer who, after lawfully becoming a member of this Fund and while paying dues therein, is rendered, by disease or injury, totally and permanently disabled so as to be unable to perform substantially all of the duties of the position to which he was regularly assigned when the disability originated, or so as to be unable to engage in any occupation or gainful employment for which he is reasonably suited by virtue of his background, training, education and experience, upon application to the Board within twelve (12) months from the date of becoming totally and permanently disabled, shall be entitled to disability benefits of $175 per month for life or until his disability ceases. Section 5 . Said Act is further amended by striking from subsection (q) of Section 12 the following: May 1, 1979, as it appears in three places in said subsection and inserting in lieu thereof the following: May 1, 1981, in said three places so that when so amended subsection (q) of Section 12 shall read as follows: (q) The amount provided for disability retirement benefits in this Section shall apply to those members who have retired on disability prior to May 1, 1981, as well as to those members who retire on disability on or after said date. The service of each such member who retired prior to May 1, 1981, shall be recomputed, and the benefits provided under this Section shall be paid to such member in the future beginning May 1, 1981.
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Section 6 . This Act shall become effective on May 1, 1981. Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1981. GEORGIA SCENIC RIVERS ACT OF 1969 AMENDEDEBENEZER RIVER. No. 91 (House Bill No. 396). AN ACT To amend an Act known as the Georgia Scenic Rivers Act of 1969, approved April 28, 1969 (Ga. Laws 1969, p. 933), as amended, so as to designate a portion of Ebenezer Creek, located in Effingham County, as a part of the Georgia Scenic River System; 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

Scenic Rivers Act of 1969, approved April 28, 1969 (Ga. Laws 1969, p. 933), as amended, is hereby amended by adding at the end of subsection (a) of Section 3 a new paragraph (4) to read as follows: (4) That portion of Ebenezer Creek from Long Bridge on county road s393 to the Savannah River and located in Effingham County, Georgia, extending a length of approximately 7 miles., so that when so amended, subsection (a) of Section 3 shall read as follows: (a) The Georgia Scenic River System shall be comprised of the following:
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(1) That portion of the Jacks River as contained within the Cohutta National Wilderness Area and located in Fannin and Murray counties, Georgia, extending a length of approximately 16 miles. (2) That portion of the Conasauga River within the Cohutta National Wilderness Area and located in Fannin, Gilmer and Murray counties, Georgia, extending a length of approximately 17 miles. (3) That portion of the Chattooga River and its West Fork which are now designated as part of the Chattooga National Wild and Scenic River and located in Rabun County, Georgia, extending a length of approximately 34 miles. (4) That portion of Ebenezer Creek from Long Bridge on county road s393 to the Savannah River and located in Effingham County, Georgia, extending a length of approximately 7 miles. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1981. SALE OF ALCOHOLIC BEVERAGES ON ELECTION DAYS IN CERTAIN COUNTIES (35,000 OR MORE). Code Section 5A-507 Amended. No. 92 (House Bill No. 537). AN ACT To amend Code Section 5A-507 relating to the sale of alcoholic beverages on Sundays and election days so as to provide that an election shall be the statewide primary election or general election and any run-off held for any such election; to provide that local governing authorities may determine by local ordinance, resolution, or referendum whether or not such beverage sales shall be permitted
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on local election days; 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 5A-507 is hereby amended by adding at the end of Code Section 5A-507 (a) (2) the following: An election is any statewide primary election and the statewide general election and any run-off held for any such election. Except as provided hereinabove, in all counties of this state having a population of 35,000 or more according to the United States decennial census of 1970 or any future such census, the local governing authorities of such counties and the local governing authorities of municipalities located in such counties may determine by local ordinance, resolution, or referendum whether such sales shall be permitted on local election days. Provided, however, the provisions of this Act shall not apply to any governing authority which has not authorized the sale of alcoholic beverages. so that Code Section 5A-507 (a) (2) shall read as follows: (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 and, for the purposes of such prohibition, such territorial boundaries shall not include any property owned or operated by a county, municipality, or other political subdivision of this state for airport purposes if no person resides on such publicly owned or operated property. An election is any statewide primary election and the statewide general election and any run-off held for any such election. Except as provided hereinabove, in all counties of this state having a population of 35,000 or more according to the United States decennial census of 1970 or any future such census, the local governing authorities of such counties and the local governing authorities of municipalities located in such counties may determine by local ordinance, resolution, or referendum whether such sales shall be permitted on local election days. Provided, however, the provisions of this Act shall not apply to any governing authority which has not authorized the sale of alcoholic beverages.
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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 23, 1981. GEORGIA HAZARDOUS WASTE MANAGEMENT AUTHORITY ACT. No. 93 (House Bill No. 745). AN ACT To create the Georgia Hazardous Waste Management Authority; to provide a short title; to provide for membership of the authority; to provide definitions; to provide for powers of the authority; to provide that the facilities of the authority shall be subject to ad valorem taxation; to provide for venue and jurisdiction of actions; to provide for acceptance of funds; to provide for moneys received to be considered trust funds; to provide for the use of revenues, rents, and earnings; to provide for rules and regulations; to provide for the Attorney General to act as counsel; to provide for powers to be supplemental and additional; to provide for liberal construction; to provide for audits; 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 may be cited as the Georgia Hazardous Waste Management Authority Act. Section 2 . Georgia Hazardous Waste Management Authority; creation. There is hereby created a body corporate and politic to be known as the Georgia Hazardous Waste Management Authority which shall be deemed to be an instrumentality of the State of
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Georgia and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall consist of the Governor of the State of Georgia, the Lieutenant Governor of the State of Georgia, an appointee of the Lieutenant Governor, the Secretary of State of the State of Georgia, the Attorney General of Georgia, the State Auditor of Georgia, two appointees of the Speaker of the House of Representatives, the Commissioner of the Georgia Department of Transportation, the Commissioner of the Georgia Department of Agriculture, the Commissioner of the Georgia Department of Industry and Trade, and the Commissioner of the Georgia Department of Human Resources. The term of office of the appointees of the Speaker of the House of Representatives and the appointee of the Lieutenant Governor shall be three years. In the event that any appointed member should vacate the office prior to the fulfillment of his term, the appropriate appointing official shall appoint someone to serve out that term. Immediately upon the passage and approval of this Act, the members of the authority shall enter upon their duties. The authority shall elect its own officers. Six members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all rights and perform all duties of the authority. The members of the authority shall be entitled to and shall be reimbursed for their expenses such mileage and per diem as allowed by law to members of the General Assembly. 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 3 . Definitions. As used in this Act, the following words and terms shall have the following meanings: (1) Authority shall mean the Georgia Hazardous Waste Management Authority. (2) Project shall be deemed to mean and include one or a combination of two or more of the following: the design, construction, operation, or management of one or more hazardous waste facilities, as hazardous waste facility is defined in Section 4(10) of the Georgia Hazardous Waste Management Act (Ga. Laws 1979, pp. 1127, 1131); such facilities to be located in the State of
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Georgia. The design, construction, operation, or management of a hazardous waste facility or facilities shall apply to all real property, structures, and facilities of every kind and character necessary or convenient for the efficient operation of a hazardous waste facility or facilities. The construction, operation, and management of a hazardous waste facility or facilities would be for the purpose of providing a site or sites and facility or facilities for the safe disposal and control of hazardous waste, as hazardous waste is defined in Section 4(9) of the Georgia Hazardous Waste Management Act (Ga. Laws 1979, pp. 1127, 1130), consistent with the protection of the public health, safety, and welfare of the citizens of the State of Georgia and of the environment, and for the purpose of promoting and encouraging the prosperous development and protection of the legitimate interest and welfare of Georgia business, industry, and commerce, within and outside of the State. (3) Cost of the project shall embrace and include one or a combination of two or more of the following: the cost of design, construction, operation, or management of one or more hazardous waste facilities located in the State of Georgia; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, and legal expenses, and of plans and specifications; the cost of satisfying state and federal financial requirements and other expenses necessary or incident to determining the feasibility and practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing so authorized; the design, construction, operation or management of a hazardous waste facility or facilities; the placing of same in operation; and the condemnation of property necessary for such design, construction, operation, or management of such a facility or facilities. 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 general obligation bonds issued by the State of Georgia or such bonds or obligations as may be issued by any authority or agency of the State of Georgia; provided, however, funds for the operation or maintenance of a facility or facilities shall not come from the proceeds of general obligation bonds whenever revenues, rents, and earnings generated by the facility or facilities are sufficient to cover the cost of same.

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Section 4. 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, manage, 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 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 any person with respect to the use of or disposal of the same in any manner it deems to be in the best advantage of the authority; and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the authority shall deem it expedient to construct any project on any other lands, the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of, and in the name of the state, title to such lands for the authority as part of the consideration for the operation of the project by the authority; (4) To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and security guards and fix their compensation; (5) To make contracts, leases, and to execute all instruments necessary or convenient, with any person, including the federal government or any agency or instrumentality thereof, including contracts for operation, management, and maintenance of the project and leases and other contracts with respect to the use and operation of the project facility or facilities; 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;
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(6) To plan, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage the project, the cost of which may be paid in full or in part from the proceeds of general obligation bonds issued by the State of Georgia 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 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 borrow money for any of its corporate purposes and to provide for the payment of the same, as may be permitted under the Constitution and the laws of the State of Georgia; (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; (10) To contract with the Georgia State Financing and Investment Commission for the construction of the project as provided for in the Georgia State Financing and Investment Commission Act; or to contract with other authorities, departments, or agencies of the State of Georgia for the construction of the project; (11) To serve as the sole and exclusive agent to act for and on behalf of any department or agency of this state authorized in its own right to plan, construct, erect, acquire, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage a facility or facilities as set forth in Section 3(2) of this Act, which, together with any additions, extensions, or improvements thereto shall in its design, construction, equipment, maintenance, operation, and management, serve the purposes set forth in Section 3(2) of this Act, all as said department or agency and authority may agree by contract. The authority shall exercise such responsibilities consistent with the powers of the authority as provided for in this Act, as the authority may deem necessary or desirable. In carrying out its functions as agent, the authority may have the sole and exclusive right, without prior approval of any such department or agency of this state, to enter into contracts or agreements
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in the name of the authority, pursuant to such terms, general standards, and conditions as the authority shall determine to be necessary or desirable in performing the agency so created as the authority and said department or agency may agree by contract, and the authority may exercise in connection with the above all the powers of the authority conferred upon it by this Act or hereinafter conferred upon it by law the same as if the facility or facilities were owned by the authority; (12) To apply for and to take whatever actions are necessary to secure all necessary permits, federal and state, for the construction of any hazardous waste facility or facilities as set forth in Section 3(2) of this Act, including, but not limited to, meeting all state and federal financial requirements for owners and operators of hazardous waste facilities, as may be permitted under the Constitution and laws of the State of Georgia; (13) To contract with local units of government for

the provision of roads, services, structures, and facilities of every kind and character necessary or convenient for the efficient operation of the project facility or facilities; (14) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Any facilities or real estate owned by the authority shall be subject to all ad valorem taxes in the county where said facilities or real estate is located. In addition to the above ad valorem taxation revenues, the governing authority of each county in which the authority shall locate a hazardous waste facility shall be entitled to receive annually from the authority a payment equivalent to one percent of the gross revenues received by the authority from the operation of the facility during the immediately preceding fiscal year of the authority. In the event a facility shall be located in two or more counties, each county shall receive a pro rata share of the payment provided for in this paragraph in accordance with the ratio which the particular county's assessed value for ad valorem taxation purposes on that portion of the facility located within the county bears to the aggregate assessed value of the facility by all of the counties within which the facility shall be located.
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Section 6. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act and any suit brought against the authority shall be brought in the Superior Court of Fulton County, Georgia, and such court shall have exclusive, original jurisdiction of such actions. Section 7. Acceptance of funds and contributions. The authority in addition to the moneys received from the collection of revenues, rents, and earnings derived under the provisions of this Act, or from any state department or agency, shall have authority to accept from any federal agency grants for or in aid of the construction of the project and to receive and accept contributions from any source of either money or property or other things of value to be held, used, and applied only for the purposes for which such grants or contributions may be made. Section 8. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act whether as grants or other contributions, or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 9. Revenues, rents, and earnings; use. The authority is hereby authorized to fix rentals and other charges which any user shall pay to the authority for the use of the project or part thereof or combination thereof, and to charge and collect the same, and to lease and make contracts with political subdivisions and agencies with respect to use of any part of the project. Such rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or any part thereof so as to provide a fund, with other revenues of such project, if any, to pay the cost of maintaining, repairing, and operating the project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the authority on account of the project for water, light, sewer, and other services furnished by other facilities at such project. Section 10. Rules and regulations for operation of project. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project constructed under the provisions of this Act including rules and regulations to insure maximum use of the project.
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Section 11. Legal services. The Attorney General shall provide legal services for the authority and in connection therewith the provisions of Code Sections 40-1631 through 40-1634 shall be fully applicable. Section 12. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of things authorized thereby and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing. Section 13. Liberal construction of Act. This Act, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 14. Audits; accounts audit. The accounts of the authority herein created shall be kept as separate and distinct accounts and shall be audited by the Department of Audits of the state. 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 March 23, 1981. REMOVAL OF ABANDONED MOTOR VEHICLES, ETC. No. 94 (House Bill No. 59). AN ACT To amend an Act providing for the removal, storage, and disposal of abandoned motor vehicles and providing for other matters relative
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thereto, approved March 24, 1980 (Ga. Laws 1980, p. 995), so as to add to the definition of abandoned motor vehicles those vehicles which are abandoned on private property; to provide for certain notification within 30 days of the time a motor vehicle becomes abandoned; to provide that such notification be made to the Georgia Bureau of Investigation; to

specify certain courts in which liens may be foreclosed; to repeal an Act entitled An Act to authorize automobile wrecking companies to sell or otherwise dispose of any motor vehicle worth $300.00 or less and the owner of which is unknown, after having had custody of the vehicle for no less than six months; to provide conditions which must be met before a sale; to provide for disbursement of funds received from a sale; to provide for the furnishing of information to the Department of Public Safety; to provide for subordination of liens, security interests and claims against vehicles sold; to define terms; to repeal conflicting laws; and for other purposes., approved March 8, 1968 (Ga. Laws 1968, p. 197); to provide for other matters relative thereto; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the removal, storage, and disposal of abandoned motor vehicles and providing for other matters relative thereto, approved March 24, 1980 (Ga. Laws 1980, p. 995), is hereby amended by adding at the end of paragraph (1) of Section 1 of said Act a new subparagraph, to be designated subparagraph (E), to read as follows: (E) Which has been left unattended on private property for a period of not less than 60 days without anyone's having made claim thereto. Section 2. Said Act is further amended by striking Section 2 of said Act in its entirety and substituting in lieu thereof a new Section 2 to read as follows: 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
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any motor vehicle which has been left unattended shall seek the identity of the owner of such vehicle and shall, within 30 days of the day such vehicle becomes abandoned as defined in Section 1, notify in writing the Department of Revenue and the Georgia Bureau of Investigation of the manufacturer's vehicle identification number, license number, the fact that said vehicle is an abandoned motor vehicle, and the present location of such vehicle and request 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, lessors, lessees, security interest holders, or lienholders of the location of such vehicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed. (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 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 and shall be disposed of if not redeemed. Section 3. Said Act is further amended by striking Section 4 of said Act in its entirety and substituting in lieu thereof the following: Section 4. Fees and liens for removal or storage; courts. (a) 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
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of any advertisement. Prior to acquiring such lien, the person must have complied with the requirements of Section 2 of this Act. (b) The lien acquired under subsection (a) may be foreclosed in any court which is competent to hear civil cases including, but not limited to, justice of the peace courts or small claims courts. Liens shall be foreclosed in justice of the peace courts and small claims courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such court. Section 4 . Said Act is further amended by designating the current undesignated subsection of Section 10 of said Act as subsection (a) and by adding immediately following newly designated subsection (a) the following: (b) An Act entitled `An Act to authorize automobile wrecking companies to sell or otherwise dispose of any motor vehicle worth $300.00 or less and the owner of which is unknown, after having had custody of the vehicle for no less than six months; to provide conditions which must be met before a sale; to provide for disbursement of funds received from a sale; to provide for the furnishing of information to the Department of Public Safety; to provide for subordination of liens, security interests and claims against vehicles sold; to define terms; to repeal conflicting laws; and for other purposes.', approved March 8, 1968 (Ga. Laws 1968, p. 197), is hereby repealed in its entirety., so that when so amended Section 10 of said Act shall read as follows: Section 10. Specific repealer. (a) 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. (b) An Act entitled `An Act to authorize automobile wrecking companies to sell or otherwise dispose of any motor vehicle worth
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$300.00 or less and the owner of which is unknown, after having had custody of the vehicle for no less than six months; to provide conditions which must be met before a sale; to provide for disbursement of funds received from a sale; to provide for the furnishing of information to the Department of Public Safety; to provide for subordination of liens, security interests and claims against vehicles sold; to define terms; to repeal conflicting laws; and for other purposes.', approved March 8, 1968 (Ga. Laws 1968, p. 197), is hereby repealed in its entirety. 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 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1981. MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDEDRECORDS, ETC. No. 95 (House Bill No. 132). 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 February 16, 1962 (Ga. Laws 1962, p. 79) and an Act approved March 17, 1969 (Ga. Laws 1969, p. 92), so as
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to exempt the motor vehicle tag registration and certificate of title records which the commissioner is required to maintain from the provisions of any Act which may require that said records be open for public inspection; to outline the circumstances under which said records may be available for inspection; to authorize the commissioner to promulgate rules and regulations specifying additional circumstances under which the exempted records may be open for public inspection; to make certain editorial revisions; 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 February 16, 1962 (Ga. Laws 1962, p. 79) and an Act approved March 17, 1969 (Ga. Laws 1969, p. 92), is hereby amended by striking subsection (b) of Section 10 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The Commissioner shall maintain a record of all certificates of title issued: (1) Under a distinctive title number assigned to the vehicle; (2) Under the identifying number of the vehicle; (3) Alphabetically, under the name of the owner; (4) Under the vehicle tag registration number; and (5) By any other method which the Commissioner, in his discretion, shall determine., and by adding a new subsection (d) to Section 10 to read as follows: (d) The motor vehicle records which the Commissioner is required to maintain by this or any other section of law are hereby exempt from the provisions of any law of this state requiring that said records be open for public inspection; provided, however, that the records of any particular motor vehicle may be available for inspection by the following:
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(1) Any law enforcement officer; (2) The owner of the vehicle; (3) Any judgment creditor of the owner of the vehicle upon the presentation of a fi. fa.; (4) Any individual, or an authorized agent or representative of such individual, involved in a motor vehicle accident either as an operator of a motor vehicle, a passenger in a motor vehicle, or a pedestrian; and (5) Any licensed dealer of new or used motor vehicles. (6) Any person for the purposes of a manufacturer's recall. The Commissioner may, if necessary, promulgate reasonable rules and regulations outlining additional circumstances under which said records shall be open for public inspection., so that when so amended Section 10 shall read as follows: Section 10. Issuance and records. (a) The Commissioner shall file each application received and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title of the vehicle. (b) The Commissioner shall maintain a record of all certificates of title issued: (1) Under a distinctive title number assigned to the vehicle; (2) Under the identifying number of the vehicle;

(3) Alphabetically, under the name of the owner; (4) Under the vehicle tag registration number; and (5) By any other method which the Commissioner, in his discretion, shall determine. (c) The Commissioner is authorized and empowered to provide for photographic and photostatic recording of certificate of title
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records in such manner as he may deem expedient. The photographic or photostatic copies herein authorized shall be sufficient as evidence in tracing of titles of the motor vehicles designated therein and shall also be admitted in evidence in all actions and proceedings to the same extent that the originals would have been admitted. (d) The motor vehicle records which the Commissioner is required to maintain by this or any other section of law are hereby exempt from the provisions of any law of this state requiring that said records be open for public inspection; provided, however, that the records of any particular motor vehicle may be available for inspection by the following: (1) Any law enforcement officer; (2) The owner of the vehicle; (3) Any judgment creditor of the owner of the vehicle upon the presentation of a fi. fa.; (4) Any individual, or an authorized agent or representative of such individual, involved in a motor vehicle accident either as an operator of a motor vehicle, a passenger in a motor vehicle, or a pedestrian; and (5) Any licensed dealer of new or used motor vehicles. (6) Any person for the purposes of a manufacturer's recall. The Commissioner may, if necessary, promulgate reasonable rules and regulations outlining additional circumstances under which said records shall be open for public inspection. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1981.
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INDEMNIFICATION FOR DEATHS OF CERTAIN LAW ENFORCEMENT OFFICERS, ETC. No. 96 (House Bill No. 179). AN ACT To amend an Act providing 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), as amended by an Act approved March 20, 1980 (Ga. Laws 1980, p. 700), so as to change the definition of the term law enforcement officer; to create the Georgia State Indemnification Fund and to provide for its administration and usage; to provide the procedures connected therewith; to change the provisions relating to powers and duties of the Georgia State Indemnification Commission; to provide for subpoena powers; to change the provisions relating to time of applications for indemnification; to provide procedures in connection with applications for indemnification submitted on behalf of part-time law enforcement 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 providing 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), as amended by an Act approved March 20, 1980 (Ga. Laws 1980, p. 700), is hereby amended by striking subsection (b) of Section 2 thereof in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) `Law enforcement officer' shall mean any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full- or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Section 2 . Said Act is further amended by adding between Sections 5 and 6 the following new sections:
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Section 5A. There is hereby created a fund to be known as the Georgia State Indemnification Fund. The custodian of the Georgia State Indemnification Fund shall be the fiscal division, Department of Administrative Services. The fiscal division, Department of Administrative Services, shall administer the Georgia State Indemnification Fund and may invest the resources of the fund in the same manner and fashion that an insurer authorized to issue contracts of life insurance is authorized to invest its resources. The fiscal division, Department of Administrative Services, shall be further authorized to intermingle the resources of the Georgia State Indemnification Fund with the resources of any other funds or accounts which have similar restrictions on the investments which may be made with such funds; provided, however, that separate bookkeeping accounts on each such fund shall be maintained. Section 5B. The General Assembly of Georgia is authorized to appropriate funds to be placed in the Georgia State Indemnification Fund for the purpose of providing for indemnification with respect to the death 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, as well as defraying the expenses and costs incurred by the commission in the administration of this Act. In addition, the fiscal division, Department of Administrative Services, is

authorized to accept for deposit in the Georgia State Indemnification Fund any other funds from any other source. All funds appropriated to the Georgia State Indemnification Fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated and shall not lapse. Section 5C. The fiscal division, Department of Administrative Services, is authorized, subject to the limitations contained in this Act: (1) To pay the appropriate indemnification to the designated beneficiaries or any other persons eligible for indemnification under this Act from the proceeds of the Georgia State Indemnification Fund; (2) To make such payments as may be necessary to defray the expenses and costs incurred by the commission in administering this Act; and
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(3) With the approval of the commission, to utilize the resources of the Georgia State Indemnification Fund to purchase insurance to provide for such indemnification. Section 3. 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. The Commission is authorized to promulgate rules and regulations relative to the program of indemnification. Such rules and regulations may provide for initial investigation of claims and the issuance of subpoenas to facilitate same, special masters, hearings, procedures for applications for indemnification, and all other matters so as to enable the Commission to carry out its duties fairly, properly and equitably. The Chairman of the Commission shall be authorized to contact other State agencies for the purpose of using the personnel and resources of such agencies to assist the Commission in carrying out its duties. Section 4. Said Act is further amended by striking in its entirety subsection (b) of Section 7 and inserting in lieu thereof a new subsection (b) to read as follows: (b) An application for indemnification relative to any law enforcement officer, fireman or prison guard killed in the line of duty subsequent to January 1, 1973, and prior to January 1, 1981, must be made prior to January 1, 1982. An application for indemnification relative to any law enforcement officer, fireman or prison guard killed in the line of duty on or after January 1, 1981, must be made within 12 months from the death of such law enforcement officer, fireman or prison guard. Section 5. Said Act is further amended by adding between Sections 7 and 8 the following new section: Section 7A. An application for indemnification relative to any part-time law enforcement officer killed in the line of duty subsequent to January 1, 1973, and prior to the date on which this section becomes effective must be made no later than 12 months from the date this section becomes effective. An application for indemnification relative to any part-time law enforcement officer 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 part-time law enforcement officer.
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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, 1981. ACT REGULATING REAL ESTATE TRANSACTIONS AMENDED. No. 98 (House Bill No. 324). AN ACT To amend an Act prohibiting certain practices in connection with real estate transactions, approved March 1, 1979 (Ga. Laws 1979, p. 345), as amended by an Act approved March 20, 1980 (Ga. Laws 1980, p. 585), so as to clarify the acceleration and maturity provisions; to provide that a transfer fee shall not be considered interest or a rate of charge for certain purposes; to change the provisions relative to the time allowed for approval or disapproval of sale or transfer and the assumption of indebtedness; to change the provisions relating to the disapproval of the sale or transfer and the assumption of indebtedness based on credit worthiness; to authorize lenders to recover the actual costs incurred in obtaining a credit report on the person to whom real estate would be sold or transferred in addition to the fee for the sale or transfer; to provide that this Act shall not be applicable to loans made by certain authorities; to provide for construction; to provide for other matters relative thereto; to provide for certain editorial changes; to provide an effective date and for the applicability of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act prohibiting certain practices in connection with real estate transactions, approved March 1, 1979 (Ga. Laws 1979,
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p. 345), as amended by an Act approved March 20, 1980 (Ga. Laws 1980, p. 585), is hereby amended by striking paragraph (1) of subsection (a) of Section 2 in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) Accelerate or mature the indebtedness secured by such real estate on account of the sale or transfer of such real estate or on account of the assumption of such indebtedness except: (A) If the person to whom the real estate would be sold or transferred does not intend to occupy the property as the person's principal residence, if such occupancy is a requirement imposed by federal regulatory authorities upon the lender; or (B) As provided in paragraph (5) of

subsection (a) of this Section 2. Section 2 . Said Act is further amended by striking from paragraph (2) of subsection (a) of Section 2 the following sentence: Upon submission of proper proof, the clerk of the superior court in the county where the security instrument is recorded shall enter a notation on the recorded security instrument to the effect that the borrower has been relieved of liability under the terms of the security instrument and the note secured thereby., so that paragraph (2) of subsection (a) of Section 2, when so amended, shall read as follows: (2) Increase the interest rate above the existing interest rate of the indebtedness unless: (A) the borrower who is primarily liable for repayment of the indebtedness shall request in writing to the lender at the time of the making of the application to the lender for approval of the transfer or at any time prior to the granting or denying of approval of said transfer by lender that borrower desires to be relieved of liability under the terms of the security instrument and the note secured thereby, and (B) the lender furnishes written evidence to said borrower that said borrower has been relieved of liability under the terms of the security instrument and the note secured thereby. In the event the lender so relieves the borrower of liability after having been requested to do so by the borrower, the lender may increase the interest rate on the indebtedness; provided, however, lender shall not escalate interest in excess of 1 percent per
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annum above the existing interest rate at the time of the transfer nor shall lender be entitled to escalate the interest rate at any time other than transfer of title and then not more often than once in any 24 month period. Any subsequent transfer of such property after 24 months from the time of the last escalation of interest shall likewise be limited to a 1 percent per annum increase above the interest rate of the indebtedness existing at the time of such subsequent transfer. Section 3 . Said Act is further amended by striking paragraph (3) of subsection (a) of Section 2 in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows: (3) Charge, collect, or attempt to collect any transfer fee on account of the sale or transfer of such real estate or on account of the assumption of such indebtedness in excess of (A) one-half of 1 percent of the principal amount of the indebtedness outstanding on the date of such transfer or $150.00, whichever is greater, in the event the lender does not relieve the borrower of liability for the repayment of the indebtedness, or (B) 1 percent of the principal amount of the indebtedness outstanding on the date of such transfer in the event the lender does not escalate the interest rate but does relieve the borrower of liability for the repayment of the indebtedness, or (C) onehalf of 1 percent of the principal amount of the indebtedness outstanding on the date of such transfer or $250.00, whichever is greater, in the event the lender escalates the interest rate and relieves the borrower of liability for the repayment of the indebtedness. Any borrower who has been relieved of liability for the repayment of the indebtedness may submit his affidavit of such fact to the clerk of the superior court in the county where the security instrument is recorded who shall enter a notation on the recorded security instrument to the effect that the borrower has been relieved of liability under the terms of the security instrument and the note secured thereby. Any such transfer fee shall not be considered interest and shall not be taken into account in the calculation of interest and shall not be considered a `rate of charge' as that term is defined in Section 2 of 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 now or hereafter amended. Section 4 . Said Act is further amended by striking paragraph (5) of subsection (a) of Section 2 in its entirety and substituting in lieu thereof a new paragraph (5) to read as follows:
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(5) Withhold approval or disapproval of the sale or transfer of such real estate and the assumption of the indebtedness beyond 50 days after receipt by the lender of the completed written application for same on such form as may be required by the lender (a copy of which shall be furnished to applicant) to determine the financial ability to retire the indebtedness of applicant according to the lender's terms, otherwise the sale or transfer and the assumption shall be approved. Provided, however, the parties by mutual agreement may extend the aforesaid period of time for a period not to exceed 30 days. The lender shall have the right, if permitted under the security instrument, to accelerate the indebtedness if the borrower transfers the property to a person if: (A) The lender has reasonably determined, based upon the standards provided in this Act, that such person is financially incapable of retiring the indebtedness according to the terms of the security instrument; or (B) The lender is entitled under this Act and the security instrument to increase the interest rate on the indebtedness and the person to whom the real estate is transferred declines to agree to such increase. Such acceleration shall be permitted only within a 60 day period after the lender acquires actual knowledge of the sale or transfer to such person. Section 5 . Said Act is further amended by striking the last sentence of paragraph (6) of subsection (a) of Section 2 in its entirety so that when so amended said paragraph (6) shall read as follows: (6) Disapprove the sale or transfer of such real estate and the assumption of the indebtedness for any reason other than the credit worthiness of the person to whom the real estate would be sold or transferred, based upon standards normally used by persons in the

business of making loans on real estate in the same or similar circumstances, otherwise any due-on-sale clause or similar provision in the security instrument shall be deemed to be against public policy and void. Section 6 . Said Act is further amended by adding at the end of subsection (f) of Section 2 the following sentence: Any law to the contrary notwithstanding, such increased interest and the outstanding indebtedness shall be secured by the security
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instrument securing the indebtedness with the same priority as if the increased interest rate were originally set forth in the note evidencing the indebtedness., so that subsection (f) of Section 2, when so amended, shall read as follows: (f) In the event that the party assuming the indebtedness declines to agree to an increase in the interest rate as provided in paragraph (2) of subsection (a) of this section, said indebtedness may be prepaid without penalty or increased interest at any time within 60 days after said assumption; but if the party does not make such prepayment within the 60 day period, the party shall be liable for the increased interest rate from the date of the assumption, and any prepayment penalty provided for in the security instrument shall thereafter be in effect. Any law to the contrary notwithstanding, such increased interest and the outstanding indebtedness shall be secured by the security instrument securing the indebtedness with the same priority as if the increased interest rate were originally set forth in the note evidencing the indebtedness. Section 7 . Said Act is further amended by striking the period at the end of subsection (i) of Section 2 and substituting in lieu thereof the following: or to loans made by the Georgia Residential Finance Authority, the Urban Residential Finance Authority of the City of Atlanta, Georgia, or other similar state or local authorities., so that subsection (i) of Section 2, when so amended, shall read as follows: (i) This Act shall not be applicable to loans made by the Farmers Home Administration which provide for interest subsidies or variable rates based on the income of the borrower or to loans made by the Georgia Residential Finance Authority, the Urban Residential Finance Authority of the City of Atlanta, Georgia, or other similar state or local authorities. Section 8 . Said Act is further amended by adding at the end of Section 2 a new subsection (k) to read as follows:
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(k) In addition to the fee authorized by paragraph (3) of subsection (a) of this section, a lender may charge and collect a fee to recover the actual costs incurred by the lender in obtaining a credit report on the person to whom the real estate would be sold or transferred in instances where the borrower has requested to be relieved from liability for the indebtedness as well as in instances where the borrower has not made such request, but no investigation by the lender to determine credit worthiness shall authorize the lender to withhold approval or disapproval of the sale or transfer of the real estate beyond the time limitation specified in paragraph (5) of subsection (a) of this section. Section 9 . Said Act is further amended by adding a new subsection (1) at the end of Section 2 to read as follows: (l) Nothing in this Act shall be construed to limit the right of a lender to increase or decrease the interest rate on the indebtedness so long as such increase or decrease is effected pursuant to the terms contained in the security instrument, the note secured thereby or by mutual agreement between borrower and lender; provided such increase or decrease is not the result of the sale or transfer of the property securing such indebtedness or the assumption of the indebtedness, unless such increase upon a sale or transfer of such property or assumption of the indebtedness is otherwise permitted by this Act. Section 10 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval; and the provisions of the Act shall apply to any transfer or sale of real estate and the assumption of indebtedness in connection therewith which is accomplished on or after the effective date of this Act; but the Act and this amendatory Act shall not affect or impair the rights, duties, or interests arising out of or flowing from instruments executed prior to the effective date of this amended Act. Section 11 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1981.
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MUNICIPAL ELECTION CODE AMENDEDPRIMARY EXPENSES. Code Section 34A-909 Amended. No. 99 (House Bill No. 395). AN ACT To amend Code Chapter 34A-9, relating to nomination of candidates for municipal elections, as amended, so as to provide that the governing authority of each municipality may choose to pay additional expenses of primaries held by political parties; 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-9, relating to nomination of candidates for municipal elections, as amended, is hereby amended by striking Code Section 34A-909, which reads as follows: Section 34A-909. Primary expenses.The expenses of a primary shall be borne by the political party holding such primary; except that the expenses of providing polling places on public premises and electors lists shall be paid by

the respective municipalities., in its entirety and inserting in its place a new Code Section 34A-909 to read as follows: 34A-909. Primary expenses. The expenses of a primary shall be borne by the political party holding such primary except as provided in paragraphs (1) and (2) of this Code section: (1) The expenses of providing polling places on public premises and electors' lists shall be paid by the respective municipalities; (2) The governing authority of each municipality may in its discretion authorize the payment by the municipality of any or all primary expenses other than those required by paragraph (1) to be paid by the municipality. This authorization of payment by the municipality of other primary expenses shall extend only to the expenses of primaries conducted by political parties which meet
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the definition of a `political party' in subsection (u) of Code Section 34A-103. Such additional expenditures as a municipal governing authority elects to make under this paragraph are declared to be for a public purpose. 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, 1981. SOUTHWESTERN JUDICIAL CIRCUITADDITIONAL JUDGE. No. 101 (House Bill No. 483). AN ACT To add one additional judge of the superior court for the Southwestern 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
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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 the Constitution of the State of Georgia, one additional judge of the superior court for the Southwestern Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of the judges of the superior court for the Southwestern Judicial Circuit. Section 2 . The additional judge shall be appointed by the Governor for a term of office beginning on July 1, 1981, and continuing through December 31, 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 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 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 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 Southwestern 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 allowances of the additional judge of the superior court for the Southwestern 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 Southwestern Judicial Circuit of Georgia, the two judges of the court may adopt, promulgate, amend, and
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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. Section 7 . All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior court for the Southwestern Judicial Circuit may bear teste in the name of any judge of the Southwestern 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 24, 1981.
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WAYCROSS JUDICIAL CIRCUITADDITIONAL JUDGE. No. 107 (House Bill No. 662). AN ACT To provide for one additional judge of the superior courts of the Waycross 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 Waycross 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. 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 Waycross 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, 1982, 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, 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 after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and
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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 Waycross 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 Waycross 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 Waycross 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 Waycross 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 Waycross 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 Waycross 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 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.

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Section 7 . The three judges of the superior courts of the Waycross 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 Waycross 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 Waycross 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. 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.
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Section 9 . The three judges of the Waycross 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 Waycross Judicial Circuit may bear teste in the name of any judge of the Waycross 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 Waycross 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 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1981.
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MOUNTAIN JUDICIAL CIRCUITADDITIONAL JUDGE. No. 119 (Senate Bill No. 292). AN ACT To add one additional judge of the superior court for the Mountain 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 the Constitution of the State of Georgia, one additional judge of the superior court for the Mountain Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of the judges of the superior court for the Mountain Judicial Circuit. Section 2. The additional judge shall be appointed by the Governor for a term of office beginning on January 1, 1982, and continuing through December 31, 1982, and until his successor is elected and qualified. Such judge shall be appointed prior to December 1, 1981. His successor shall be elected in the manner provided by law for the election of judges of the superior courts of this
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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 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 Mountain 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 allowances of the additional judge of the superior court for the Mountain 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 Mountain 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. Section 7. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior court for the Mountain Judicial Circuit may bear teste in the name of any judge of the Mountain 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
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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 24, 1981. CONSTABLESQUALIFICATIONS, ILLEGAL ACTS. Code Chapter 24-8 Amended. No. 120 (Senate Bill No. 295). AN ACT To amend Code Chapter 24-8, relating to constables, as amended, so as to change the provisions relating to qualifications of constables; to change the provisions relating to acting as constable after removal from district; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 24-8, relating to constables, as amended, is hereby amended by striking Code Section 24-803, relating to qualifications of constables, in its entirety and substituting in lieu thereof a new Code Section 24-803 to read as follows:
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24-803. Qualifications. The eligibility for constable is the same as that of justice of the peace, except that a constable may reside anywhere within the county. Any resident of the county may be appointed constable to fill a vacancy or to answer some emergency. Section 2. Said Code chapter is further amended by striking Code Section 24-818, relating to acting as constable after removal from district, in its entirety and substituting in lieu thereof a new Code Section 24-818 to read as follows: 24-818. Acting as constable after removal from county. If any constable appointed for a district exercises the duties of his office after removal from the county which includes the district for which he was appointed, he

shall be subject to a fine of $50.00 for every such act, to be recovered before any justice of the county in which he resides by any person suing for the same, one-half to the use of such person, the other half to the use of the county. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1981. THE MUNICIPAL HOME RULE ACT OF 1965 AMENDEDREAPPORTIONMENT OF COUNCIL OR COMMISSION DISTRICTS. No. 121 (Senate Bill No. 316). AN ACT To amend an Act known as The Municipal Home Rule Act of 1965, approved March 26, 1965 (Ga. Laws 1965, p. 298), as amended, so as to authorize the governing authorities of municipalities to reapportion council or commission districts of such municipalities under specified conditions and limitations; to retain the authority of the General Assembly to enact certain local laws; to provide for other
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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 Municipal Home Rule Act of 1965, approved March 26, 1965 (Ga. Laws 1965, p. 298), as amended, is hereby amended by adding at the end of subparagraph 1. of subsection (a) of Section 4, immediately following the word amended, the following: ,or as provided in Section 5A of this Act, so that when so amended subparagraph 1. of subsection (a) of Section 4 of said Act shall read as follows: 1. Action affecting the composition, form, procedure for election or appointment, continuance in office and limitation thereof for the members of the Municipal Governing Authority, except as authorized in Title 34A of the Code of Georgia, as amended, or as it may hereafter be amended, or as provided in Section 5A of this Act. Section 2. Said Act is further amended by adding between Sections 5 and 6 a new Section 5A to read as follows: Section 5A. (a) Subject to the limitations provided by this Section, the governing authority of any municipal corporation is hereby authorized to reapportion the election districts from which members of the municipal governing authority are elected following publication of the 1980 United States decennial census or any future such census. Such reapportionment of districts shall be effective for the election of members to the municipal governing authority at the next regular general municipal election following the publication of the decennial census. (b) The municipal governing authority shall by ordinance amend its charter pursuant to paragraph (1) of subsection (b) of Section 3 of this Act to reapportion the districts in accordance with the following specifications: (1) Each reapportioned district shall be formed of contiguous territory, and the boundary lines of said district shall be the center lines of streets or other well-defined boundaries;
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(2) Variation in population between such districts shall comply with the one person-one vote requirements of the United States Constitution; and (3) The reapportionment shall be limited to adjusting the boundary lines of the existing districts only to the extent reasonably necessary to comply with the requirements of paragraph (2) above, and the number of members of the municipal governing body and the manner of electing such members, except for the adjustment of district boundary lines, shall not be changed by the municipal governing authority. (c) In addition to reapportionment following publication of the decennial census, a municipal governing authority shall reapportion districts pursuant to this Section if the annexation of additional territory to the corporate boundaries of the municipality has the effect of denying electors residing within the newly annexed territory the right to vote for the election of members of the municipal governing authority on substantially the same basis that the other electors of the municipality vote for members of the municipal governing authority. The reapportionment provided for herein shall meet the criteria specified in subsection (b) of this Section and shall be further limited to making only those adjustments in district boundary lines as may be reasonably necessary to include the newly annexed territory within such districts. Reapportionment under this subsection shall be effective for the next regular general municipal election following the annexation. (d) This Section shall not prohibit the General Assembly from enacting a local law at any time to amend the charter of a municipality to reapportion or otherwise change election districts from which members of the municipal governing authority are elected. If such action is taken by the General Assembly following publication of a decennial census, but before the first regular general municipal election following the publication of such census, the local Act of the General Assembly shall nullify the power given to the municipal governing authority by subsections (a) and (b) of this Section to reapportion districts following publication of that decennial census. If such action is taken by the General Assembly in conjunction with the annexation, by local Act of the General Assembly, of additional territory to the corporate boundaries of the municipality, the local Act of the General Assembly shall nullify the power and duty given to the municipal governing authority by subsection (c) of this Section to reapportion districts as a result of that annexation.
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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 25, 1981. CONASAUGA JUDICIAL CIRCUITADDITIONAL JUDGE. No. 122 (Senate Bill No. 392). AN ACT To provide for a third judge of the superior court of the Conasauga Judicial Circuit of Georgia; to provide for the election and terms of office of said judge; to require candidates for such judgeship to designate the place for which they are offering; to prescribe the powers, duties, dignity, jurisdiction, privileges, and immunities of said judge and all judges of said circuit including their authority to sit as juvenile court judges in Whitfield County; to prescribe the qualifications, compensation, salary, county supplement, and expense allowance of the judges of said circuit 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 provide for a chief judge of said circuit; to provide for the conduct of the business of said court; to provide for jurors; to provide for writs and processes, and other official papers of said court; to provide for an additional court reporter for the said circuit; to authorize the governing authority of the counties comprising the Conasauga Judicial Circuit to provide courtrooms, 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:
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Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I of the Constitution of the State of Georgia, a third judge of the superior courts is hereby added to the Conasauga Judicial Circuit, thereby increasing to three the number of judges of said circuit. Section 2. At the general election in November, 1982, the third additional judge shall be elected in the manner provided by law for the election of the superior court judges of this state and shall serve for a term of office beginning on January 1, 1983, and ending on December 31, 1986, 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. Every person who offers for nomination and election as one of the judges of said superior courts for the Conasauga 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 third additional judge for the superior courts for the Conasauga 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 three 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. Any of the three judges of said courts may preside over and may sit as the juvenile court judge of Whitfield County and hear all cases coming within the jurisdiction of the juvenile court. Section 5. The qualifications for 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
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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 Conasauga Judicial Circuit. The counties of said circuit are hereby authorized to and shall pay the salary supplements heretofore enacted by the counties and now budgeted by the counties for the judges, and said supplements 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 Conasauga 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 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, 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 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. In the event that none of said judges shall be senior in point of service as superior court judge, the judge who

was first admitted to the State Bar shall be chief judge. The three judges of the superior courts of the Conasauga 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 the hearing of trials by jury for a term to any of said judges, and the hearing of all other matters not requiring a trial by a jury to any of the other judges, and they may alternate such order of business at the next term. They or any one of them may conduct trials by jury at the same time in the same county or otherwise within said circuit, or they or any or all 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
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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 empaneling of all jurors, whether grant, petit, or special, may be by all or any one of the judges of the superior courts of said circuit, and they, or any one 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 all or any one of said judges separately, or before each of them at the same time. Section 9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Conasauga Judicial Circuit may bear teste in the name of any judge of said Conasauga 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 10. The three judges of the Conasauga Judicial Circuit shall be authorized and empowered to appoint an additional third court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. Section 11. Upon request of the three judges, the governing authorities of the counties comprising the Conasauga Judicial Circuit shall furnish the judges of said court 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 the 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 upon its approval 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, 1981. TOOMBS JUDICIAL CIRCUITADDITIONAL JUDGE. No. 123 (Senate Bill No. 426). AN ACT To add one additional judge of the superior courts of the Toombs 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 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 reporter for said circuit; to authorize the governing authorities of the counties comprising the Toombs 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, one additional judge of the superior courts for the Toombs 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 July 1, 1981, and continuing
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through December 31, 1982, and until his successor is elected and qualified. Such judge shall be appointed by the Governor within thirty 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 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 Toombs 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 Toombs 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, 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 Toombs Judicial Circuit. Any expense allowance heretofore enacted by the counties of said circuit for the present judge shall also be applicable to the additional judge provided for by this Act.
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Section 6 . All writs and processes in the superior courts of the Toombs 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 Toombs 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 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 county within said circuit under the provisions of Code Title 24A, the Juvenile Court Code, as amended, the chief judge in point of continuous service shall appoint the judge of said court as provided by law. The two judges of the superior courts of the Toombs 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 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.
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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 Toombs 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 Toombs Judicial Circuit may bear teste in the name of either judge of said Toombs 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 Toombs 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. 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.
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Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1981. PATAULA JUDICIAL CIRCUITADDITIONAL JUDGE. No. 124 (Senate Bill No. 160). AN ACT To add one additional judge of the superior court for the Pataula 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:
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Section 1. Under and in accordance with the provisions of the Constitution of the State of Georgia, one additional judge of the superior court for the Pataula Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of the judges of the superior court for the Pataula 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, 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 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 Pataula 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 allowances of the additional judge of the superior court for the Pataula 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 Pataula 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.
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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. Section 7. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior

court for the Pataula Judicial Circuit may bear teste in the name of any judge of the Pataula 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 25, 1981. BIRD DEALERS LICENSING ACT. No. 125 (House Bill No. 152). AN ACT To regulate and require licensing of all persons engaged in the business of dealing in exotic or pet birds; to provide a short title; to define terms; to state legislative findings; to declare crimes; to require certain records; to provide for seizure and destruction of birds; to
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provide for regulation of the transfer of birds; to provide for rules, regulations, jurisdiction, and enforcement procedures; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short title. This Act may be cited as the Bird Dealers Licensing Act. Section 2. Findings. The General Assembly finds that the sale of exotic and pet birds presents a serious potential hazard to the health of livestock and humans due to the potential of transmission of disease by birds. The General Assembly further finds that regulation of bird dealers is a necessary means of minimizing this hazard. Section 3. Definitions. The following words shall have the following meanings unless the context clearly indicates otherwise: (1) Bird dealer means any person engaged in the business of dealing in, purchasing, breeding, or offering for sale (whether at wholesale or retail) any exotic or pet birds or birds customarily kept as pets. (2) Department means the Department of Agriculture. (3) Person means any individual, firm, partnership, corporation, estate, trust, fiduciary, or other group or combination acting as a unit. Section 4. License required. (a) It shall be unlawful for any person to act as a bird dealer unless such person has a valid bird dealer's license. Acting as a bird dealer without a license in violation of this subsection constitutes a misdemeanor. (b) The Department of Agriculture shall license bird dealers under the applicable provisions of the Department of Agriculture Registration, License, and Permit Act, approved March 10, 1966 (Ga. Laws 1966, p. 307), as now or hereafter amended. (c) Bird dealers' licenses shall be issued for a period of one year and shall be annually renewable. The department may establish separate classes of licenses, including wholesale and retail licenses.
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The department shall fix fees for licenses so that the revenue derived from licenses shall approximate the total direct and indirect costs of administering this Act; but the annual cost of a wholesale license shall not exceed $25.00 and the annual cost of a retail license shall not exceed $10.00. Section 5. Required records. (a) Every bird dealer shall keep records sufficient to identify: (1) Each exotic or pet bird in his possession or sold by him by species and description; (2) The name, address, and telephone number of the person from whom each such bird was acquired and, if that person is a licensed bird dealer, then his license number or, if that person is not a licensed dealer, then his driver's license number or social security number or federal tax identification number, if any, or other such identification as may be available; (3) The name, address, and telephone number of the person to whom each such bird is transferred and, if that person is a licensed bird dealer, then his license number or, if that person is not a licensed bird dealer, then his driver's license number or social security number, if any, or other such identification as may be available; and (4) Any such bird which the dealer knows to be or have been sick or diseased or to have died. (b) The department may require periodic reports of any or all of the records required by subsection (a) of this section. The department may require the keeping of additional records; and all required records shall be made available for inspection by the department. (c) Failure to keep or make available any required records shall be grounds for revocation of a license. (d) Every bird dealer shall keep all of such records for at least one year. Section 6. Seizure, quarantine, and destruction of birds. The department may quarantine, seize, and destroy any birds which present a hazard of carrying exotic or untreatable disease as determined
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by rules and regulations promulgated by the Commissioner of Agriculture. The department shall pay an indemnity to the owner of any seized or destroyed birds from any federal funds made available for that purpose or any state funds hereafter appropriated for that purpose. Section 7. Regulation by the Department of Human Resources. If the Department of Human Resources elects to regulate the sale or transportation of exotic or pet birds under the authority of Code Section

88-1205, then the Department of Human Resources shall cooperate with the Department of Agriculture in developing and implementing such regulation. Section 8. Rules and regulations. The Commissioner of Agriculture may make any rules and regulations not inconsistent with this Act governing dealing in or transportation of exotic or pet birds. Section 9. (Reserved) Section 10. Enforcement procedure. (a) Notwithstanding any other provision of law, whenever it may appear to the Commissioner of Agriculture or his agent, 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 law or regulation governing activities for which a license from the Department of Agriculture is required by this Act, 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 10, 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
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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, 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 or his agent 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 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, 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 10 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.
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(e) Except where in conflict with the express provisions of this Section 10 and the reasonable implication of such provisions, the provisions of the `Georgia Administrative Procedure Act,' as now or hereafter amended, relating to contested cases shall be applicable to the actions of the Commissioner of Agriculture taken pursuant to this Section 10 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. (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 10. (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 11. Nothing in this Act shall be construed to repeal or preempt any laws or parts of laws administered by the Department of Natural Resources except as to the licensing and permitting of Class Avec under subsection (b) of Code Section 45-1102. However, insofar as any authority created by this Act duplicates any other current or future authorities of the Department of Natural Resources with respect to Class Aves, the Department of Agriculture and the Department of Natural Resources shall cooperate in the administration of those duplicated authorities. Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
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Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1981. FREE MOTOR VEHICLE LICENSE PLATES FOR VETERANS WHO HAVE BEEN PRISONERS OF WAR. No. 126 (House Bill No. 208). AN ACT To provide for the issuance of motor vehicle license plates free of charge to veterans who have been prisoners of war; to define certain terms; to provide for the year in which the issuance of such plates shall begin; to authorize and direct the state revenue commissioner to design the license plate, establish procedures, and promulgate rules and regulations; to provide that this Act shall be supplemental to the motor vehicle licensing laws of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Owners of motor vehicles who are veterans of the armed forces of the United States, who have been prisoners of war, who were discharged under honorable conditions, and who are residents of this state, upon complying with the motor vehicles laws relating to registration and licensing of motor vehicles, shall be issued one distinctive personalized license plate free of charge. Said license plate shall be fastened to the rear of the vehicle. Section 2. For the purposes of this Act, prisoners of war means those veterans of the armed forces of the United States who were discharged under honorable conditions and who were captured and held prisoner by forces hostile to the United States while serving in the armed forces of the United States in World War I, World War II, the Korean War, or the Vietnam War.
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Section 3. The state revenue commissioner may begin issuing distinctive personalized license plates to such prisoners of war for the year 1982 and thereafter. Section 4. The state revenue commissioner is hereby authorized and directed to design the license plate, establish procedures, and promulgate rules and regulations to effectuate the purposes of this Act. Section 5. This Act is supplemental to the motor vehicle licensing laws of Georgia. 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 25, 1981. MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDEDODOMETER READINGS. No. 127 (House Bill No. 402). 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 odometer readings to be shown on certificates of title; 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 known as the Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. Laws 1961, p. 68), as
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amended, is hereby amended by adding a new Section between Sections 11 and 12 to be designated Section 11A and to read as follows: Section 11A. Odometer Readings. In addition to the information required by Section 11 of this Act, each certificate of title issued by the Commissioner shall contain spaces thereon for the entry of the mileage of the motor vehicle as shown on the odometer of such motor vehicle at the time of its sale or transfer. When a new motor vehicle is sold by a dealer, it shall be the duty of the dealer to insert on the application for the certificate of title the mileage of such motor vehicle as shown on its odometer on the day of the sale. When the owner of a motor vehicle sells or transfers such motor vehicle, he shall enter on the certificate of title the mileage as shown on the odometer of such motor vehicle at the time he executes the assignment and warranty of title. When a new certificate of title is issued for a previously titled motor vehicle, the odometer reading as recorded on the old certificate of title shall be shown on the new certificate of title. The Commissioner is hereby authorized and directed to provide by regulation for the implementation of the provisions of this Section. Section 2. This Act shall become effective on January 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1981. PROBATE COURT JUDGESMINIMUM

SALARIES, ETC. No. 128 (Senate Bill No. 217). 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 increase the
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minimum salaries of said probate judges; to change the provisions relating to additional compensation; 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 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 striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to 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 $ 7,900.00 6,000 - 11,999 11,770.00 12,000 - 19,999 13,420.00 20,000 - 29,999 15,000.00 30,000 - 39,999 17,820.00 40,000 - 49,999 19,440.00 50,000 - 99,999 20,640.00 100,000 - 199,999 26,950.00 200,000 and above 35,400.00 The amount of minimum salary provided herein for the judge of the probate court of any county presently on a salary who also holds and conducts elections or is responsible for conducting elections for members of the General Assembly under the provisions of any
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applicable general or local law of this state shall be increased by $100.00 per month. The amount of the minimum salary provided herein for the judge of the probate court of any county presently on a salary who is responsible for traffic cases under the provisions of any general or local law of this state shall also be increased by $150.00 per month. Section 2. Said Act is further amended by striking in its entirety Section 2, which reads as follows: Section 2. The amount of minimum salary provided in Section 1 for the judges of the probate courts of any county who also holds and conducts elections or is responsible for conducting elections for members of the General Assembly, under the provisions of any applicable general or local law of this State, shall be increased by $50.00 per month. The amount of the minimum salary provided in Section 1 for the judges of the probate courts of any county presently on a salary who is responsible for traffic cases under the provisions of any general or local law of this State shall also be increased by $100.00 per month. Section 3. Said Act is further amended by renumbering Section 3 as Section 2 and by striking from the first line thereof the following: Sections 1 and 2, and inserting in lieu thereof the following: Section 1, so that when so amended the new Section 2 shall read as follows: Section 2. The amounts provided in Section 1 of this Act shall be increased by five percent (5%) per each four-year term of office served by any judge of a probate court, figured at the end of each such period of service. The provisions of this Section shall not be construed to affect any provisions of local legislation except where such local legislation provides for a salary lower than the salary provided in this Act, in which event the provisions of this Act shall prevail. Such increase shall not have retroactive effect, except that the current term of judges of probate courts presently in office shall be counted for determining the appropriate salary under this Section. This Act shall not be construed to reduce the salary of any judge of a probate court
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presently in office. The minimum salaries provided for in this Act shall be considered as salary only. Expenses for deputy clerks, equipment, supplies, copying equipment and other necessary and reasonable expenses for the operation of a probate court shall come from funds other than the funds specified as salary in this Act. Section 4. Said Act is further amended by renumbering Sections 4 through 6 as Sections 3 through 5, respectively. Section 5. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1981. NORTHEASTERN JUDICIAL CIRCUITSALARY, ETC. OF DISTRICT ATTORNEY. No. 130 (Senate Bill No. 450). AN ACT To provide for a supplement to the salary of the district attorney of the Northeastern Judicial Circuit; to provide for the payment of such salary supplement by the counties comprising said

circuit; to amend an Act placing the district attorney of the Northeastern Judicial Circuit upon an annual salary in lieu of the fee system of compensation, approved April 18, 1967 (Ga. Laws 1967, p. 785), as amended, so as to repeal a specific section relating to the compensation of the district attorney and his secretary; 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. In addition to the compensation and expenses paid from state funds, the district attorney of the Northeastern Judicial Circuit shall receive a salary supplement of $5,000.00 per annum, payable in equal monthly installments from the funds of the counties comprising said circuit as hereinafter provided. Each county comprising said circuit shall pay that proportion of said district attorney's salary supplement as the population of such county bears to the total population of all counties comprising said circuit according to the latest official United States decennial census. Such payment shall be made from the treasury of each such county. Section 2. An Act placing the district attorney of the Northeastern Judicial Circuit upon an annual salary in lieu of the fee system of compensation, approved April 18, 1967 (Ga. Laws 1967, p. 785), as amended, is hereby amended by striking in its entirety Section 3, which reads as follows: Section 3. The solicitor general of the Northeastern Judicial Circuit shall receive an annual salary of $15,000.00, payable in equal monthly installments as hereinafter provided by the counties comprising said judicial circuit. The solicitor general shall also receive an additional allowance of $5,000.00 per annum for a secretary and other expenses, which shall be paid quarterly as hereinafter provided by the counties comprising said judicial circuit. The solicitor general shall submit to the governing authorities of the counties comprising said judicial circuit quarterly statements together with receipts for their proportionate share of the secretarial and office expenses. The total amount which the solicitor general shall be paid by the counties comprising said judicial circuit for secretarial and office expenses shall in no event exceed $5,000.00 per annum. The solicitor general is hereby authorized to appoint a secretary or secretaries and fix their compensation, which shall be payable out of funds received by the solicitor general. Such personnel shall serve at the pleasure of the solicitor general. The salary and allowances provided herein shall be paid by the counties comprising the Northeastern Judicial Circuit in the ratio which the population of the county bears to the total population of the counties comprising said judicial circuit as shown by the latest official decennial census. Section 3. 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 4. 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 legislation will be introduced during the 1981 session of the General Assembly of Georgia authorizing a supplement to the salary of the District Attorney of the Superior Court for the counties within the Northeastern Judicial Circuit, to provide for all matters relative thereto and for other purposes. This 17 day of February, 1981. Jeff C. Wayne District Attorney Northeastern Judicial Circuit Georgia, Dawson County. Personally appeared before me, the undersigned authority duly authorized to administer oath, Don Waldrip who on oath deposes and says that he is publisher of the Dawson County Advertiser and News, which is the official organ of Dawson County, Georgia and that the attached notice of intention to introduce Local Legislation was published in the Dawson County Advertiser and News on the following dates: February 19, 1981; February 26, 1981 and March 5, 1981. /s/ Don Waldrip Publisher Sworn to and subscribed before me, this 5th day of March, 1981.
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/s/ W. Nell Dale Notary Public, Georgia State at Large. My Commission Expires October 23, 1982. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be introduced during the 1981 session of the General Assembly of Georgia authorizing a supplement to the salary of the District Attorney of the Superior Court for the counties within the Northeastern Judicial Circuit, to provide for all matters relative thereto and for other purposes. This 17 day of February, 1981. Jeff C. Wayne District Attorney Northeastern Judicial Circuit Georgia, Lumpkin County. Personally appeared before me, the undersigned authority duly authorized to administer oath, Jack Parks, who on oath deposes and says that he is publisher of the Dahlonega Nuggett, which is the official organ of Lumpkin County, Georgia and that the attached notice of intention to introduce Local Legislation was published in the Dahlonega Nuggett on the following dates: February 20, 1981; February 27, 1981; and March 6, 1981. /s/ Jack Parks Publisher Sworn to and subscribed before me, this 6th day of March, 1981.
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/s/ Natalie King Notary Public, Georgia State at Large. My Commission Expires March 6, 1983. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be introduced during the 1981 session of the General Assembly of Georgia authorizing a supplement to the salary of the District Attorney of the Superior Court for the counties within the Northeastern Judicial Circuit, to provide for all matters relative thereto and for other purposes. This 17 day of February, 1981. Jeff C. Wayne District Attorney Northeastern Judicial Circuit Georgia, White County. Personally appeared before me, the undersigned authority duly authorized to administer oath, Robert Yates, who on oath deposes and says that he is publisher of the White County News, which is the official organ of White County, Georgia and that the attached notice of intention to introduce Local Legislation was published in the White County Advertiser and News on the following dates: February 19, 1981; February 26, 1981 and March 5, 1981. /s/ Robert A. Yates Publisher Sworn to and subscribed before me, this 5th day of March, 1981.
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/s/ Fred E. Perra Notary Public, Georgia State at Large. My Commission Expires July 5, 1981. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be introduced during the 1981 session of the General Assembly of Georgia authorizing a supplement to the salary of the District Attorney of the Superior Court for the counties within the Northeastern Judicial Circuit, to provide for all matters relative thereto and for other purposes. This 17th day of February, 1981. Jeff C. Wayne District Attorney Northeastern Judicial Circuit Georgia, Hall County. Personally appeared before me, the undersigned authority duly authorized to administer oath, Jack Waldrip who on oath deposes and says that he is publisher of The Tribune, which is the official organ of Hall County, Georgia and that the attached notice of intention to introduce Local Legislation was published in The Tribune on the following dates: February 19, 1981; February 26, 1981 and March 5, 1981. /s/ Jack Waldrip Publisher
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Sworn to and subscribed before me, this 5th day of March, 1981. /s/ W. Nell Dale Notary Public, Georgia State at Large. My Commission Expires October 23, 1982. (Seal). Approved March 31, 1981. PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM ACT AMENDEDDEATH BENEFITS. No. 131 (House Bill No. 210). AN ACT To amend an Act known as the Act Creating the Public School Employees Retirement System, approved April 30, 1969 (Ga. Laws 1969, p. 998), as amended, so as to provide for additional death benefits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Act Creating the Public School Employees Retirement System, approved April 30, 1969 (Ga. Laws 1969, p. 998), as amended, is hereby amended by adding at the end of Section 9 a new subsection (f) to read as follows: (f) If a member at least 60 years of age and having at least 10 years of creditable service dies before retirement, the member's designated beneficiary shall receive for life the lesser retirement benefit which would be payable under Option A of subsection (b) of Section 8 of this Act. As used in this subsection, the word `beneficiary' shall not include the estate of the member, notwithstanding the provisions of paragraph (16) of Section 2 of this Act.
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Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 4, 1981. HOMESTEAD EXEMPTIONS IN CERTAIN COUNTIES (34,000 - 34,500). Code Section 91A-1111 Amended. No. 135 (Senate Bill No. 127). AN ACT To amend Code Section 91A-1111, relating to applications for homestead exemptions, as amended, so as to change the time for applying for homestead exemptions in certain counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 91A-1111, relating to applications for homestead exemptions, as amended, is hereby amended by adding at the end of subsection (a) a new sentence to read as follows: In all counties having a population of not less than 34,000 and not more than 34,500, according to the census, the written application and schedule required above shall be filed on or before March 1 of the year in which exemption from taxation is sought., so that when so amended subsection (a) shall read as follows: (a) The person seeking a homestead exemption as provided in Section 91A-1110 shall file, on or before April 1 or, in the case of an exemption from taxes levied by a consolidated city-county government, March 1 of the year in which exemption from taxation is sought, a written application and schedule with the tax receiver or tax
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commissioner charged with the duty of receiving returns of property for taxation. The failure to properly file the application and schedule shall constitute a waiver upon the part of the person failing to make the application for exemption for said year. In all counties having a population of not less than 63,000 and not more than 72,000, according to the census, the written application and schedule required above shall be filed on or before March 1 of the year in which exemption from taxation is sought. In all counties having a population of not less than 34,000 and not more than 34,500, according to the census, the written application and schedule required above shall be filed on or before March 1 of the year in which exemption from taxation is sought. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. COMPENSATION OF MEMBERS OF BOARDS OF EDUCATION OF CERTAIN COUNTIES (34,000 - 34,500). Code Section 32-904 Amended. No. 147 (Senate Bill No. 231). AN ACT To amend Code Section 32-904, relating to compensation of members of county boards of education, so as to provide for the compensation of the members of the board in all counties of this state having a population of not less than 34,000 and not more than 34,500 according to the United States decennial census of 1970 or any future such census; 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 32-904, relating to compensation of members of county boards of education, is hereby amended by adding a new paragraph at the end thereof to read as follows: Any other provisions of this Code section to the contrary notwithstanding, in all counties of this state having a population of not less than 34,000 and not more than 34,500 according to the United States decennial census of 1970 or any future such census, each member of the county board of education shall receive a per diem of $50.00 for each day of attendance at meetings of the board and while meeting and traveling within or without the state as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses incurred in connection therewith. 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 April 6, 1981. LOCATION OF PROBATE COURT OFFICES IN CERTAIN COUNTIES (600,000 OR MORE) (550,000 OR MORE). Code Section 24-1714(a) Amended. No. 151 (Senate Bill No. 260). AN ACT To amend Code Section 24-1714(a), relative to the office locations of probate courts in all counties having a population of 600,000 or
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more according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population; 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 24-1714(a), relative to the office locations of probate courts in all counties having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, is hereby amended by striking from said Code section the figure 600,000 and inserting in lieu thereof the figure 550,000. 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 6, 1981. ISSUANCE OF MARRIAGE LICENSES IN CERTAIN COUNTIES (600,000 OR MORE) (550,000 OR MORE). Code Section 53-201(a) Amended. No. 152 (Senate Bill No. 261). AN ACT To amend Code Section 53201(a), relative to issuance of marriage licenses in all counties having a population of 600,000 or more
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according to the 1970 United States decennial census or any future such census, so as to change the provisions relative to population; 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 53-201(a), relative to issuance of marriage licenses in all counties having a population of 600,000 or more according to the 1970 United States decennial census or any future such census, is hereby amended by striking from said Code section the figure 600,000 and inserting in lieu thereof the figure 550,000. 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 6, 1981. COURT COSTS IN SUPERIOR COURTS OF CERTAIN COUNTIES (600,000 OR MORE) (550,000 OR MORE). Code Section 24-2727B Amended. No. 154 (Senate Bill No. 265). AN ACT To amend Code Section 24-2727B, relating to the costs for services rendered by the clerk of the superior court in civil cases in all counties

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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, so as to change the provisions relative to population; 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 24-2727B, relating to the costs for services rendered by the clerk of the superior court in civil cases in all counties of this state having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, is hereby amended by striking from said Code section the figure 600,000, and inserting in lieu thereof the figure 550,000. 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 6, 1981. TAX DUE DATES IN CERTAIN COUNTIES (600,000 OR MORE) (550,000 OR MORE). Code Section 91A-1022 Amended. No. 156 (Senate Bill No. 267). AN ACT To amend Code Section 91A-1022, relating to taxes payable to counties in which returns are made, as amended by an Act approved February 11, 1980 (Ga. Laws 1980, p. 10), and an Act approved March 20, 1980 (Ga. Laws 1980, p. 710), so as to change the population classification of the provisions of said Code section relating to counties having a population of 600,000 or more according to the census; to
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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-1022, relating to taxes payable to counties in which returns are made, as amended by an Act approved February 11, 1980 (Ga. Laws 1980, p. 10), and an Act approved March 20, 1980 (Ga. Laws 1980, p. 710), is hereby amended by striking from subsections (b) and (c) thereof the figure 600,000 and inserting in lieu thereof the figure 550,000. 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 6, 1981. ELECTIONSABSENTEE VOTING IN CERTAIN COUNTIES (600,000 OR MORE) (550,000 OR MORE). Code Section 34-1406.1 Amended. No. 157 (Senate Bill No. 268). AN ACT To amend Code Section 34-1406.1, relative to absentee voting in all counties having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population; 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 34-1406.1, relative to absentee voting in all counties having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, is hereby amended by striking from said Code section the figure 600,000 and inserting in lieu thereof the figure 550,000. 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 6, 1981. ELECTIONSOFFICE HOURS OF ELECTION SUPERINTENDENTS IN CERTAIN COUNTIES (600,000 OR MORE) (550,000 OR MORE). Code Section 34-1501(b) Amended. No. 158 (Senate Bill No. 269). AN ACT To amend Code Section 34-1501(b), relative to office hours of election superintendents in all counties having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population; 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 34-1501(b), relative to office hours of election superintendents in all counties having a population of
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600,000 or more according to the United States decennial census of 1970 or any future such census, is hereby amended by striking from subsection (b) of said Code section the figures 600,000 and inserting in lieu thereof the figure 550,000. 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 6, 1981. ELECTIONSAUTHORITY OF CERTAIN COUNTIES TO HOLD ELECTIONS FOR MUNICIPALITIES (600,000 OR MORE) (550,000 OR MORE). Code Section 34A-111 Amended. No. 159 (Senate Bill No. 270). AN ACT To amend Code Section 34A-111, authorizing counties having a population in excess of 600,000 according to the 1970 United States decennial census or any future such census to conduct elections for municipalities lying wholly or partially within such counties, so as to change the provisions relative to population; 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-111, authorizing counties having a population in excess of 600,000 according to the 1970 United States decennial census or any future such census to conduct elections for municipalities lying wholly or partially within such counties, is hereby amended by striking from Code Section 34A-111 the figure 600,000 and inserting in lieu thereof the figure 550,000.
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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 6, 1981. WASTETRANSPORT ACROSS STATE AND COUNTY BOUNDARIES PROHIBITED AS TO CERTAIN COUNTIES (600,000 OR MORE) (550,000 OR MORE). No. 160 (Senate Bill No. 271). AN ACT To amend an Act approved April 5, 1971, prohibiting the transport of waste across state and county boundaries (Ga. Laws 1971, p. 445), as amended, particularly by an Act approved April 18, 1975 (Ga. Laws 1975, p. 869), so as to provide that said Act shall be applicable in counties having a population of 550,000 or more according to the 1970 census, or any future such census; 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 April 5, 1971, prohibiting the transport of waste across state and county boundaries (Ga. Laws 1971, p. 445), as amended, particularly by an Act approved April 18, 1975 (Ga. Laws 1975, p. 869), is hereby amended by striking from Section 1 of said amendatory Act of 1975 the figure 600,000 and inserting in lieu thereof the figure 550,000. 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 April 6, 1981. PAYMENT OF TAXES IN CERTAIN COUNTIES (600,000 OR MORE) (550,000 OR MORE). Code Section 91A1450 Amended. No. 162 (Senate Bill No. 273). AN ACT To amend Code Section 91A-1450, relating to the payment of taxes in counties of this state having a population of 600,000 or more according to the census, as amended, so as to change the provisions relative to population; 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-1450, relating to the payment of taxes in counties of this state having a population of 600,000 or more according to the census, as amended, is hereby amended by striking from subsection (a) thereof the figure 600,000 and inserting in lieu thereof the figure 550,000. 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 April 6, 1981. SALE, ETC. OF COUNTY PROPERTY IN CERTAIN COUNTIES (600,000 OR MORE) (550,000 OR MORE). Code Section 91-804A Amended. No. 165 (Senate Bill No. 276). AN ACT To amend Code Section 91-804A, relating to the sale or disposition of county property in counties of this state having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, as amended by an Act approved March 17, 1960 (Ga. Laws 1960, p. 1124), and by an Act approved April 10, 1971 (Ga. Laws 1971, p. 646), so as to change the provisions relative to population; 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 91-804A, relating to the sale or disposition of county property in counties of this state having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, as amended by an Act approved March 17, 1960 (Ga. Laws 1960, p. 1124), and by an Act approved April 10, 1971 (Ga. Laws 1971, p. 646), is hereby amended by striking from said Code section the figure 600,000 and inserting in lieu thereof the figure 550,000. 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 April 6, 1981. ALCOHOLIC BEVERAGESSALE ON SUNDAYS AND ELECTION DAYS IN CERTAIN COUNTIES (600,000 OR MORE) (550,000 OR MORE). Code Section 5A-507 Amended. No. 167 (Senate Bill No. 278). AN ACT To amend Code Section 5A-507 pertaining to exceptions to the prohibition against sale of alcoholic beverages on Sundays and

election days, so as to change certain population classifications contained therein; 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 5A-507 pertaining to exceptions to the prohibition against sale of alcoholic beverages on Sundays and election days, is hereby amended by striking from subsection (c) thereof the figure 600,000 and inserting in lieu thereof the figure 550,000. Section 2 . Said Code section is further amended by striking from subsection (e) the figure 600,000 and inserting in lieu thereof the figure 550,000. Section 3 . This Act shall become effective July 1, 1981.
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Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. COURT COSTS IN SUPERIOR COURTS IN CERTAIN COUNTIES (600,000 OR MORE) (550,000 OR MORE). Code Section 24-2727A Amended. No. 168 (Senate Bill No. 279). AN ACT To amend Code Section 24-2727A, relating to costs of the clerk of the superior court in counties of this state having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, as amended by an Act approved April 11, 1979 (Ga. Laws 1979, p. 507), so as to change the provisions relating to population; 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 24-2727A, relating to costs of the clerk of the superior court in counties of this state having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, as amended by an Act approved April 11, 1979 (Ga. Laws 1979, p. 507), is hereby amended by striking from said Code section the figure 600,000 and inserting in lieu thereof the figure 550,000. 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 April 6, 1981. DEVELOPMENT AUTHORITIES LAW AMENDEDBOARDS OF DIRECTORS IN CERTAIN COUNTIES (26,000 26,500). No. 173 (Senate Bill No. 304). AN ACT To amend an Act known as the Development Authorities Law, approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended, so as to provide for the board of directors in certain counties; to provide for the repeal of certain provisions; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Development Authorities Law, approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended, is hereby amended by designating the current undesignated subsections of Section 2 of said Act as subsections (a) and (b), respectively, and by adding immediately following newly designated subsection (b) a new subsection to read as follows: (c) (1) (A) In each county of this State having a population of not less than 26,000 persons nor more than 26,500 persons according to the United States Decennial Census of 1970, or any such future census, the board of directors of an industrial development authority in such county which is created directly by the Constitution of Georgia shall assume all the powers, duties, and responsibilities of and shall become the board of directors of any development authority in such
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county or in any municipality in such county created under the provisions of this Act. (B) Effective on the date the United States Bureau of the Census publishes the advance report which contains the final population count for the 1980 census, subparagraph (A) of paragraph (1) of subsection (c) shall be null and void and shall stand repealed in its entirety. (2) Effective on the date the United States Bureau of the Census publishes the advance report which contains the final population count for 1980 census, in each county of this State having a population of not less than 33,500 persons nor more than 34,000 persons according to the United States Decennial Census of 1980, or any such future census, the board of directors of an industrial development authority in such county which is created directly by the Constitution of Georgia shall assume all the powers, duties, and responsibilities of and shall become the board of directors of any development authority in such county or in any municipality in such county created under the provisions of 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 April 6, 1981.
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INVESTIGATIVE GRAND JURIES IN CERTAIN COUNTIES (400,000 - 600,000) (400,000 - 500,000). Code

Section 59-601B Amended. No. 176 (Senate Bill No. 333). AN ACT To amend Code Section 59-601B, relating to investigative grand juries of counties of this state having a population of not less than 400,000 or more than 600,000 according to the United States decennial census of 1970 or any future such census, as amended by an Act approved March 7, 1975 (Ga. Laws 1975, p. 48), so as to change the provisions relative to population; 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 59-601B, relating to investigative grand juries of counties of this state having a population of not less than 400,000 or more than 600,000 according to the United States decennial census of 1970 or any future such census, as amended by an Act approved March 7, 1975 (Ga. Laws 1975, p. 48), is hereby amended by striking from said Code section the figure 600,000, and inserting in lieu thereof the figure 500,000. 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 6, 1981.
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USE OF COUNTY VOTER REGISTRATION LISTS BY MUNICIPALITIES IN CERTAIN COUNTIES (400,000 600,000) (400,000 - 500,000). Code Section 34A-501 Amended. No. 178 (Senate Bill No. 335). AN ACT To amend Code Section 34A-501 pertaining to the use by municipalities of county voters' registration list in counties having a population of not less than 400,000 and not more than 600,000 according to the 1970 decennial census or any future such census, as amended, particularly by an Act approved April 10, 1971 (Ga. Laws 1971, p. 634), so as to change the provisions relative to population; 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-501 pertaining to the use by municipalities of county voters' registration list in counties having a population of not less than 400,000 and not more than 600,000 according to the 1970 decennial census or any future such census, as amended, particularly by an Act approved April 10, 1971 (Ga. Laws 1971, p. 634), is hereby amended by striking from said Code section the figure 600,000, and inserting in lieu thereof the figure 500,000. 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 6, 1981.
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DUTIES OF CLERKS OF SUPERIOR COURTS IN CERTAIN COUNTIES (300,000 - 600,000) (300,000 - 500,000). Code Section 24-2714.1 Amended. No. 181 (Senate Bill No. 338). AN ACT To amend Code Section 24-2714.1 requiring clerks of superior courts to notify purchaser of property of possible homestead exemption in any county having a population of not less than 300,000 nor more than 600,000 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population; 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 24-2714.1 requiring clerks of superior courts to notify purchaser of property of possible homestead exemption in any county having a population of not less than 300,000 nor more than 600,000 according to the United States decennial census of 1970 or any future such census, is hereby amended by striking from said Code section the figure 600,000, and inserting in lieu thereof the figure 500,000. 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 6, 1981.
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APPOINTMENT OF COUNTY ADMINISTRATORS IN CERTAIN COUNTIES (400,000 - 600,000) (400,000 500,000). Code Section 113-1301 Amended. No. 182 (Senate Bill No. 340). AN ACT To amend Code Section 1131301, relating to the appointment of county administrators in all counties of this state having a population of not less than 400,000 nor more than 600,000 according to the United States decennial census of 1970 or any future such census, as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1509), so as to change the provisions relative to population; 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 113-1301, relating to the appointment of county administrators in all counties of this state having a population of not less than 400,000 nor more than 600,000 according to the United States decennial census of 1970 or any future such census, as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1509), is hereby amended by striking from said Code section the figure 600,000, and inserting in lieu thereof the figure 500,000. 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 6, 1981.
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EASTERN JUDICIAL CIRCUITSALARIES OF JUDGES OF SUPERIOR COURT. No. 215 (House Bill No. 267). AN ACT To authorize the governing authority of Chatham County to provide an additional supplement to the salaries of each of the judges of the superior courts of the Eastern Judicial Circuit; to provide for other matters relative thereto; 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. (a) The governing authority of Chatham County is authorized to supplement the salary of each judge of the superior courts of the Eastern Judicial Circuit in an amount determined within the discretion of said governing authority, but in no event shall said supplement be less than $6,600.00 per annum for each said judge. (b) The salary supplement provided for in subsection (a) of this section shall be in addition to the $5,000.00 per annum paid by Chatham County to the judges of the superior courts of the Eastern Judicial Circuit pursuant to the constitutional amendment proposed by the General Assembly in 1927 (Ga. Laws 1927, p. 111) and ratified on November 6, 1928. (c) The salary supplement paid to judges of the superior courts of the Eastern Judicial Circuit pursuant to subsection (a) of this section and the salary paid to said judges as provided by subsection (b) of this section shall be in addition to the compensation, salary, expenses, and allowances otherwise provided by, or pursuant to, law for judges of the superior courts. (d) Salary supplements provided for or authorized by this Act shall be paid to each of the judges of the superior courts of the Eastern Judicial Circuit in equal monthly installments and charged to court expenses of Chatham County. Section 2. (a) An Act entitled: An Act providing for a salary of one thousand ($1,000.00) dollars per year to be paid to the Judge of the Superior Court of the Eastern Judicial Circuit of Georgia by the
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Commissioners of Chatham County, in addition to that now provided for by the Constitution of the State, and for other purposes., approved February 9, 1949 (Ga. Laws 1949, p. 406), is hereby repealed in its entirety. (b) An Act entitled: An Act to supplement the salaries of the judges of the superior court of the Eastern Judicial Circuit of Georgia, which lies wholly within the County of Chatham, by an additional sum of two thousand four hundred dollars ($2,400.00) to be paid by the commissioners of Chatham County in addition to that now provided by the Constitution and laws of this State; to repeal conflicting laws; and for other purposes., approved April 9, 1968 (Ga. Laws 1968, p. 1168), is hereby repealed in its entirety. 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given of the intention to introduce a bill in the 1981 session of the General Assembly of the State of Georgia to provide for the Compensation of Municipal, County and State Officials for the County of Chatham and City of Savannah; to provide for the annual salaries of certain elected officials; to provide for an effective date of legislation; to provide for retirement benefits and methods of retirement for elected Municipal, County and State Officials and for other purposes in accordance with the provisions and the requirements of the laws and in the Constitution of the State of Georgia. Thomas O. Triplett Representative, 128th District
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Hill who, on oath, deposes and says that he/she is Representative from the 127th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Georgia Gazette and Journal Record which is the official organ of Chatham County, on the following dates: December 17, 24, 31, 1980. /s/ Bobby Hill Representative, 127th District Sworn to and subscribed before me, this 15th day of January, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.
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MUNICIPAL ELECTION CODE AMENDEDREGISTRATION LISTS IN CERTAIN MUNICIPALITIES (LESS THAN 20,000) IN CERTAIN COUNTIES (400,000 - 600.000). Code Section 34A-501 Amended. No. 240 (House Bill No. 439). AN ACT To amend Code Section 34A-501, relating to registrars, their terms of office, compensation, and duties, as amended, particularly by an Act approved April 10, 1971 (Ga. Laws 1971, p. 634) and by an Act approved April 3, 1972 (Ga. Laws 1972, p. 836), so as to repeal the provision that municipalities of less than 20,000 population

located within counties having populations of not less than 400,000 and not more than 600,000 shall not be authorized to maintain their own registration list; 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 34A-501, relating to registrars, their terms of office, compensation, and duties, as amended, particularly by an Act approved April 10, 1971 (Ga. Laws 1971, p. 634) and by an Act approved April 3, 1972 (Ga. Laws 1972, p. 836), is hereby amended by striking that paragraph thereof which reads as follows: Providing, however, municipalities of less than 20,000 population, according to the 1970 Decennial Census or any future federal census, located within counties having populations of not less than 400,000 and not more than 600,000, according to the 1970 Decennial Census or any future federal census, shall not be authorized to maintain their own registration list, but shall use the registration list of the county, and the county shall be required to furnish this list., in its entirety. 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
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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 April 6, 1981. BLUE RIDGE JUDICIAL CIRCUITTERMS. No. 264 (House Bill No. 527). AN ACT To change the terms of court of the superior court of Cherokee County in the Blue Ridge 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, the terms of court of the superior court of Cherokee County in the Blue Ridge Judicial Circuit shall be the second Monday in January, May, and September. 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 April 6, 1981. OCMULGEE JUDICIAL CIRCUITTERMS. No. 271 (House Bill No. 579). AN ACT To fix the terms of court of the superior courts of Baldwin, Greene, Hancock, Jasper, Jones, Morgan, Putnam, and Wilkinson counties of the Ocmulgee Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Except as modified in Section 2 of this Act, the terms of court of the superior courts of the Ocmulgee Judicial Circuit shall commence as follows: (1) BaldwinSecond Monday in January, April, July, and October. (2) GreeneFourth Monday in January, April, July, and October. (3) HancockFourth Monday in March and September; second Monday in June and December. (4) JasperSecond Monday in February, May, August, and November. (5) JonesFirst Monday in February and August; third Monday in April and October.
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(6) MorganFirst Monday in March, June, September, and December. (7) PutnamThird Monday in March, June, September, and December. (8) WilkinsonFirst Monday in January, April, July, and October. Section 2. If the date fixed for commencing of any term of court by Section 1 of this Act falls on Labor Day, New Year's Day, or the Fourth of July, then that term of court shall commence on the next following day. 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 6, 1981. AUGUSTA JUDICIAL CIRCUITJUDGES' COMPENSATION. No. 302 (House Bill No. 710). AN ACT To amend an Act providing for a salary supplement to be paid from Burke County funds to the superior court judges of the Augusta Judicial Circuit, approved February 21, 1951 (Ga. Laws 1951, p. 670), as amended by an Act approved March 21, 1968 (Ga. Laws 1968, p. 355), so as to change the amount of said salary supplement; 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 a salary supplement to be paid from

Burke County funds to the superior court judges of the Augusta Judicial Circuit, approved February 21, 1951 (Ga. Laws 1951, p. 670), as amended by an Act approved March 21, 1968 (Ga. Laws 1968, p. 355), is hereby amended by striking Section 1, which reads as follows: Section 1. Be it enacted by the General Assembly of Georgia, by the authority of Article VI, Section XII, Paragraph I (Code Section 2-4701) of the Constitution of the State of Georgia, that the Board of Commissioners of Roads and Revenues of Burke County, Georgia, are hereby authorized to supplement the present salary of each of the judges of the superior court of the Augusta Judicial Circuit in the sum of $600.00 per year for each such judge, out of county funds, payable in equal monthly installments., and inserting in its place a new Section 1 to read as follows: Section 1. The governing authority of Burke County shall pay from county funds to each superior court judge of the Augusta Judicial Circuit a salary supplement in the amount of $250.00 per month payable monthly. 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 1981 session of the General Assembly of Georgia a bill to amend an Act providing for a salary supplement to be paid from Burke County funds to the superior court judges of the Augusta Judicial Circuit, approved February 21, 1951 (Ga. Laws 1951, p. 670), as amended by an Act approved March 21, 1968 (Ga. Laws 1968, p. 355); to repeal conflicting laws; and for other purposes.
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This 19th day of January, 1981. C. W. Hopper, Jr. Burke County Administrator Preston B. Lewis Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron who, on oath, deposes and says that he/she is Representative from the 83rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the True Citizen which is the official organ of Burke County, on the following dates: January 21, February 4, 11, 1981. /s/ Emory E. Bargeron Representative, 83rd District Sworn to and subscribed before me, this 17th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.
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BOARD OF PHARMACY ACT AMENDED. Code Title 79A Amended. No. 303 (House Bill No. 309). AN ACT To amend Code Title 79A, relating to pharmacists, pharmacy, and drugs, as amended, so as to require the Georgia Drugs and Narcotics Agency annually to compile and submit to the General Assembly lists of dangerous drugs and other dangerous or detrimental drugs and devices; to provide for exceptions; to provide for publication and distribution of and fees for pamphlets; to provide a list of dangerous drugs; to add 1-phenyl-2-propanone to the Schedule I controlled substance drugs; to add Pentazocine and Dextropropoxyphene to the list of Schedule IV controlled substance drugs; to add the substance Loperamide to the list of Schedule V controlled substance drugs; to make criminal the failure to keep records by pharmacists or refusal to permit inspections and provide penalties therefor; to prohibit the sale of controlled substances and dangerous drugs except under specified conditions and to provide penalties for the violation of that prohibition; 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-306, relating to the publication of a list of narcotics and dangerous drugs by the drug inspector, is hereby amended by deleting Code Section 79A-306 in its entirety and substituting in lieu thereof the following: 79A-306. The Georgia Drugs and Narcotics Agency shall compile and submit to the General Assembly during each annual legislative session a list of known dangerous drugs as defined in subsection (a) of Code Section 79A-702 and any other drugs or devices that the Board of Pharmacy has determined may be dangerous or detrimental to the public health and safety and should require a prescription. The Georgia Drugs and Narcotics Agency is hereby authorized and directed to publish and distribute a pamphlet of the Dangerous Drugs list as enacted by law.
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The director shall provide for such fee as he deems reasonable such number of said pamphlets to law enforcement officials, school officials, parents, and other interested citizens, as are required. Section 2. Code Section 79A-702, relating to definitions, as amended, is hereby amended by striking paragraphs (b) and (c) and substituting in lieu thereof the following: (b) Any other drug approved by the General Assembly to be a dangerous drug; to include any of the following drugs, chemicals, or substances, including their salts, isomers, esters, ethers, or derivatives which have essentially the same pharmacological action, and their salts, isomers, esters, ethers, and all compounds thereof unless specifically exempted; and the following devices are herein identified as `Dangerous Drugs': Acecarbromal

Acenocoumarol Acetazolamide Acetohexamide Acetophenazine Acetosulfone Acetyl Sulfamethoxypyridazine Acetyl Sulfisoxazole Acetylcarbromal Acetylcholine Acetylcysteine Acetyldigitoxin Acrisorcin Adenosine 5Monophosphate Adenylic Acid Adiphenine Hydrochloride Adrenal Cortex Extracts Albumin, Normal Human Serum Albutonium Alkaverir Alkavervir Allopurinol Alpha Amylase Alseroxylon Aluminum Nicotinate Alverine Amentadine Ambenonium Chloride
Page 559
Ambrosiacae Follens Amcinonide Amikacin Aminacrine 4-Amino-N-methyl-pteroylglutamic Acid Amino Acid Preparations for Injection or Vaginal Use Aminocaproic Acid Aminohippurate Aminophylline Aminosalicylate - See Exceptions Aminosalicylate Calcium - See Exceptions Aminosalicylate Potassium - See Exceptions Aminosalicylate Sodium - See Exceptions Aminosalicylic Acid - See Exceptions Amisometradine Amitriptyline Amodiaquin Amoxicillin Amphotericin B Ampicillin Amyl Nitrite Amylolytic Enzymes Androgens Angiotensin Amide Anisindione Anisotropine Antazoline Anterior Pituitary Hormones Anthralin Anti-Coagulant Acid Citrate Dextrose Antigens: Alternaria Tenius Aqua Ivy Aspergillus Fumigatus Bacterial, Staphylococcus Aureus, Type 1 Bacterial, Staphylococcus Aureus, Type 3 Bee Beech Bermuda Grass Birch California Live Oak
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Candida Albicans Careless Weed Cat Epithelia Cattle Epithelia Coccidioides Immitis Cottonwood Fremont Dog Epithelia English Plantain Gram Negative Bacterial Helminthosporium Sativum Hickory Hormodendrum Hordei Hornet House Dust Insects Intradermal or scratching test Johnson Grass Kentucky Blue Grass Kochia Lamb Quarters Maple Mesquite Mixed Epidermals Mixed Grass, Ragweeds (spring-fall) Mixed Grasses (spring) Mixed Inhalants Mixed Molds Mixed Ragweed Mixed Ragweed - Mixed Weeds (fall) Mixed Weeds Molds Mountain Cedar Mugwort Common Olive Orchard Grass Pecan Penicillium Notatum Perennial Rye Poison Oak and Poison Ivy Pollens Prescription Red Top Grass Rough Pigweed Russian Thistle
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Sagebrush Common Short Ragweed Simplified Allergy Screening Set Skin Bacterial Staphylococcal Stinging Insects Sweet Vernal Sycamore Tall Ragweed Timothy Trees (early spring) Walnut Wasp West Ragweed Yellow Jacket Ash Mix Bacterial, Undenatured Elm Mix Feather Mix House Dust Mix National Weed Mix Oak Mix Poplar Mix Ragweed Mix Respiratory Bacterial Scale Mix Southern Grass Stinging Insect Mix Tree Mix West Weed Mix Antihemophilic Factor, Human Antirabies Serum Antivenin Arginine, L- Arsenic - Preparation for Human Use Artegraft Atropine - See Exceptions Ascorbate Sodium - Injection Asparaginase Aurothioglucose Azapetine Azatadine Maleate Azathioprine Azo-Sulfisoxazole
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Azuresin Bacitracin See Exceptions Baclofen Barium - See Exceptions Beclomethasone Belladonna Belladonna Alkaloids Belladonna Extracts Benactyzine Bendroflumethiazide Benzestrol Benzonatate Benzoylpas Benzquinamide Benzthiazide Benztropine Benzylpenicilloyl - Polylysine Bephenium Hydroxynaphthoate Beta-Carotene - See Exceptions Betadine Vaginal Gel Betahistine Betamethasone Betazole Bethanechol Bile Extract Biperiden Bisacodyl Tannex Bishydroxycoumarin Bismuth Sodium Tartrate - See Exceptions Blastomycine Bleomycin Boroglycerin Glycerite Botulism Antitoxin Bretylium Bromelains - See Exceptions Bromisovalum Bromocriptine Bromodiphenhydramine Brompheniramine - See Exceptions Brucella Antigen Brucella Protein Nucleate Buclizine Bupivacaine
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Busulfan Butacaine Butaperazine Butorphanol Butyl Nitrite Butyrophenone Cadmium Sulfide - See Exceptions Caffeine Sodium Benzoate Calcitonin, Salmon Calcitriol Calcium Disodium Edetate - See Exceptions Calcium Gluconogalactogluconate Calcium Levulinate Calusterone Candicidin Cantharidin Capreomycin Capyodiame Caramiphen Carbachol Carbamazepine Carbazochrome Carbenicillin Carbetapentane Carbidopa Carbinoxamine Carisoprodol Carmustine Carphenazine Casein Hydrolysate Catarrhalis Combined

Vaccine Catarrhalis Vaccine Mixed Cefaclor Cefadroxil Cefamandole Cefazolin Cefoxitin Cellulose, Oxadized, Regenerated - See Exceptions Cephalexin Cephaloglycin Cephaloridine Cephalothin Cephapirin
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Cephradine Chlophedianol Chlorambucil Chloramphenicol Chloranil - See Exceptions Chlordantoin Chlordiazepoxide in combination with Clidinium Bromide and/or Water Soluble Esterified Estergens Chlormadinone Chlormerodrin Chlormezanone Chloroacetic Acid - See Exceptions Chlorobutanol - See Exceptions Chloroform See Exceptions Chloroguanide Chloroprocaine Chloroquine Chlorothiazide Chlorotrianisene Chloroxine Chlorphenesin Chlorpheniramine - See Exceptions Chlorphenoxamine Chlorpromazine Chlorpropamide Chlorprothixene Chlorquinaldol Chlortetracycline Chlorthalidone Chlorzoxazone Cholera Vaccine Cholestyramine Resin Chondroitin Chymotrypsin Cimetidine Cinoxacin Cisplatin Clemastine Clidinium Bromide Clindamycin Clocortolone Pivalate Clofibrate Clomiphene Clonidine
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Clotermine Clostridiopeptidase Clotrimazole Cloxacillin Coal Tar Solution Topical Cobra Venom Colchicine See Exceptions Colestipol Colistimethate Colistin Collagenase Corticotropin Corticotropin, Respository Cortisone Cosyntropin Cromolyn Crotaline Antivenin, Polyvalent Crotamiton Cryptenamine Cyanide Antidote Cyclacillin Cyclandelate Cyclizine Cyclobenzaprine Cyclomethycaine Cyclopentamine Cyclopentolate Cyclophosphamide Cycloserine Cyclothiazide Cycrimine Cyproheptadine Cytarabine Dacarbazine Dactinomycin Danazol Dantrolene Dapsone - See Exceptions Daunorvbicin Deanol Decamethonium Deferoxamine Demecarium
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Demeclocycline Demethylchlortetracycline Deoxyribonuclease, Pancreatic Deserpidine Desipramine Deslanoside Desmopressin Desonide Desoximetasone Desoxycorticosterone Desoxyribonuclease Dexamethasone Dexbrompheniramine Dexchlorpheniramine Dexpanthenol Dextran Dextranomer Dextriferron Dextroisoephedrine Dextrothyroxine Diatrizoate Diazoxide Dibucaine Dichloralphenazone Dichlorphenamide Dicloxacillin Dicyclomine Dienestrol Diethylcarbamazine Diethylstilbestrol Difenoxin Diflorasone Diacetate Digitalis Digitoxin Digoxin Dihydroergocornine Dihydroergocristine Dihydroergocryptine Dihydroergotamine Dihydrostreptomycin Dihydrotachysterol Diiodohydroxyquin Dimenhydrinate - Injection or Suppositories Dimercaprol
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Dimethindene Dimethisterone Dimethyl Sulfoxide - See Exceptions Dimethyl Tubocurarine Dinoprost Dinoprostone Dioxyline Diphemanil Diphenadione Diphenhydramine - See Exceptions Diphenidol Diphenylhydantoin Diphenylpyraline Diphtheria Antitoxin Diphtheria and Tetanus Toxoids Diphtheria and Tetanus Toxoids and Pertussis Vaccine Diphtheria and Tetanus Toxoids, Absorbed Diphtheria and Tetanus Toxoids, Pertussis Diphtheria Toxoid Dipivefrin Dipyridamole Dipyron Disodium Edetate - See Exceptions Disopyramide Disulfiram Dobutamine Doderlein Bacilli Dopamine Doxapram Doxepin Doxorubicin Doxycycline Doxylamine Doxylamine Succinate Dromostanolone Droperidol Dyclonine Dydrogesterone Dyphylline Echothiophate Ectylurea Edrophonium Enflurane
Page 568
Epinephrine Epinephryl Borate Ergocalciferol - See Exceptions Ergonovine Ergotamine Ergosine Ergocristine Ergocryptine Ergocornine Ergotaminine Ergosinine Ergocristinine Ergocryptinine Ergocorninine Erythrityl Tetranitrate Erythromycin Eserine Esterified Estrogens Estradiol Estriol Estrogens Estrogenic Substances Estrone Ethacrynate Ethacrynic Acid Ethambutol Ethamivan Ethaverine Ether - See Exceptions Ethinyl Estradiol Ethiodized Oil Ethionamide Ethisterone Ethoheptazine Ethopropazine Ethosuximide Ethotoin Ethoxazene - See Exceptions Ethoxyzolamide Ethyl Biscoumacetate Ethyl Chloride See Exceptions Ethyl Nitrite Spirit Ethylestrenol Ethylnorepinephrine

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Ethynodiol Diacetate Etidocaine Etidronate Disodium Diphosphonate Eucatropine Factor IX Complex, Human Fenoprofen Ferric Cacodylate Fibrinogen Fibrinogen/Antihemophilic Factor, Human Fibrinolysin, Human Flavoxate Florantyrone Floxuridine Flucytosine Fludrocortisone Flumethasone Fluocinonide Fluocinolone Fluoride Fluorometholone Fluorophosphates Fluorouracil Fluoxymesterone Fluphenazine Fluprednisolone Flurandrenolide Folate Sodium Folic Acid - See Exceptions Foreign Protein Formaldehyde - See Exceptions Furazolidone Furosemide Gallamine Triethiodide Gamma Benzene Hexachloride Gamma Globulin Gas Gangrene Polyvalent Antitoxin Gentamicin Gentian Violet Vaginal Suppositories Gitalin Glucagon Gluceptate Gluconate Magnesium
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Gluconate Potassium - See Exceptions Glutamate Arginine Glycobiarsol Glycopyrrolate Gold Sodium Thiomalate Gold Thiosulfate - See Exceptions Gomenol Solution Gonadotropin, Chroinic Gonadotropin, Chroinic, Anti-Human Serum Gonadotropin, Serum Gramicidin Gramineae Pollens Griseofulvin Guanethidine Halcinonide Haloperidol Haloprogin Halothane Hartman's Solution Heparin Hetacillin Hexachlorophene See Exceptions Hexafluorenium Hexocyclium Hexylcaine Histamine Histoplasmin Homatropine Hyaluronidase Hydralazine Hydrocalciferol Hydrochlorothiazide Hydrocortamate Hydrocortisone - See Exceptions Hydroflumethiazide Hydroquinone Hydroxocobalamin - See Exceptions Hydroxyamphetamine Hydroxychloroquine Hydroxyprogesterone Hydroxyurea Hydroxyzine Hyoscyamine
Page 571
Hyoscyamus Alkaloids Hypophamine Ibuprofen Idoxuridine Imipramine Immune Hepatitis B Globulin, Human Immune Poliomyelitis Globulin, Human Immune Serum Globulin, Human Indigotindisulfonate Indocyanine Green Indomethacin Influenza Virus Vaccines Injections, All Substances for Human Use - See Exceptions Intrinsic Factor Concentrate Manufactured for Human Use Iocetamic Acid Iodamide Iodinated I-125 Serum Albumin Iodinated I-131 Serum Albumin Iodinated Glycerol-Theophylline Iodine Solution, Strong Oral Iodipamide Iodized Oil Iodobenzoic Acid - See Exceptions Iodobrassid Iodopyracet Iodothiouracil Iopanoic Acid - See Exceptions Iophendylate Iothiouracil Ipodate Iron Cacodylate Iron Dextran Injection Iron Peptonized Iron Sorbitex Isocarboxazid Isoetharine Isoflurane Isoflurophate Isometheptene Isoniazid Isopropamide Isoproterenol Isosorbide Dinitrate
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Isothipendyl Isoxsuprine Kanamycin Ketamine Ketocholanic Acids Lactated Ringers Solution Lactulose Lanatoside C Latrodectus Mactans Leucovorin Levallorphan Levarterenol Levodopa Levopropoxyphene Levothyroxine Lidocaine See Exceptions Lincomycin Lindane - See Exceptions Linolenic Acid Liothyronine Liotrix Lithium Carbonate - See Exceptions Lithium Citrate Liver Extract Lomustine Loxapine Lugols Solution Lututrin Lymphogranuloma Venereum Antigen Lypressin Synthetic Mafenide Magnesium Gluconate See Exceptions Magnesium Salicylate Mandelic Acid - See Exceptions Mannitol - See Exceptions Mannitol Hexanitrate Measles Immune Globulin, Human Measles Virus Vaccines Mebendazole for Human Use Mecamylamine Mechlorethamine
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Meclizine See Exceptions Meclofenamate Medroxyprogesterone Medrysone Mefenamic Acid Megestrol Meglumine Melphalan Menadiol Menadione Meningococcal Polysaccharide Vaccine Menotropins Mepenzolate Mephenesin Mephentermine Mephenytoin Meprednisone Mepivacaine Meralluride Mercaptomerin Mercaptopurine Mercury Bichloride - See Exceptions Mesoridazine Mestranol Metaproterenol Metaraminol Metaxalone Methachloine Methacycline Methallenestril Methandriol Methandrostenolone Methantheline Methazolamide Methdilazine Methenamine Hippurate Methenamine Mandelate Methenamine Sulfosalicylate Methicillin Methimazole Methiodal Methionine Methixene Methocarbamol
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Methotrexate Methotrimeprazine Methoxamine Methoxsalen Methoxyflurane Methoxyphenamine Methscopolamine Methsuximide Methyclothiazide Methylandrostenediol Methylatropine Methyldopa Methyldopate Methylene Blue, Oral Methylergonovine Methylprednisolone Methyltestosterone Methysergide Metoclopramide Injection Metocurine Iodide Injection Metolazone Metoprolol Metrizamide Metronidazole Metyrapone Metyrosine Miconazole Microfibrillar Collagen Hemostat Minocycline Minoxidil Mithramycin Mitomycin Mitotane Molindone Monobenzone Morrhuate Sodium Mumps Virus Vaccines Mushroom Spores Which, When Mature, Contain Either Psilocybin or Psilocin N-Acetyl-1-Cysteine N. Cattarhalis Antigen Nadolol Nafcillin
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Nalbuphine Nalduphine Nalidixic Acid Naloxone Nandrolone Naphazoline Naproxen Neomycin - See Exceptions Neostigmine Niacinamide - See Exceptions Nicotinyl Alcohol Nifuroximine Nikethamide Nitrofurantoin Nitrofurazone Nitroglycerin Nitroprusside - See Exceptions Nitrous Oxide - See Exceptions Nonoxynol Norethandrolone Norethindrone Norethynodrel Norgestrel Normal Serum Albumin, Human Nortriptyline Nositol Novobiocin Nux Vomica Nylidrin Nystatin Old Tuberculin Oleandomycin Orphenadrine Orthoiodobenzoic Acid Oxacillin Oxandrolone Oxethazaine Oxolinic Acid Oxtriphylline Oxybutynin Oxygen for Human Use - See Exceptions Oxymetholone Oxyphenbutazone
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Oxyphencyclimine Oxyphenisatin Oxyphenonium Oxyquinoline Oxytetracycline Oxytocin PNitrosulfathiazole Pancreatin Dornase Pancreatic Enzyme Pancrelipase Pancuronium Papaverine Paramethadione Paramethasone Paranitrosulfathiazole Parathyroid Injection Pargyline Paromomycin Penicillamine Penicillin Penicillin G Penicillin O Penicillin V Penicillinase Pentaerythritol Tetranitrate Pentagastrin Pentapiperide Penthienate Pentolinium Pentylenetetrazol Perphenazine Pertussis Immune Globulin, Human Phenacemide Phenaglycodol Phenaphthazine Phenazopyridine Phenelzine Phenethicillin Phenformin Phenindamine Phenindione Pheniramine - See Exceptions Phenitramin
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Phenothiazine Derivatives Phenoxybenzamine Phenoxymethyl Penicillin Phenuprocoumon Phensuximide Phentolamine Phenylbutazone Phenylmercuric Acetate Phenylmercuric Nitrate Phenyltoloxamine Dihydrogen Citrate Phthalylsulfacetamide Phthalylsulfathiazole Physostigmine Phytonadione Pilocarpine Pipazethate Pipezolate Piperacetazine Piperazine Piperidolate Piperocaine Pipobraman Pipradrol Plague Vaccine Plasma Protein Fraction Pneumococcal Polyvalent Vaccine Poison Ivy Extract Poison Ivy Oak Extract Poison Ivy Oak, Sumac Extract Poldine Methylsulfate Poliomyelitis Vaccine Poliovirus Vaccine, Live, Oral, All Polyestradiol Polymyxin B - See Exceptions Polythiazide Posterior Pituitary Potassium Acetate Injection Potassium Acid Phosphate - See Injections Potassium p-Aminobenzoate - See Exceptions Potassium Aminosalicylate - See Exceptions Potassium Arsenite - See Exceptions Potassium Bicarbonate - See Exceptions Potassium Carbonate - See Exceptions Potassium Chloride - See Exceptions
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Potassium Citrate - See Exceptions Potassium Gluconate - See Exceptions Potassium Hetacillin Potassium Iodide See Exceptions Potassium Perchlorate Potassium Permanganate - See Exceptions Povidone - Iodine - See Exceptions Pralidoxime Prazosin Prednisolone Prednisone Prilocaine Primaquine Primidone Probenecid Probucol Procainamide Procaine Procaine Penicillin Procaine Penicillin G Procarbazine Prochlorperazine Procyclidine Progesterone Promazine Promethazine Promethestrol Propantheline Proparacaine Prophenpyridamine - See Exceptions Propiolactone Propiomazine Propoxycaine Propranolol Propylparaben Propylthiouracil Protamine Sulfate Injection Protein Hydrolysate Injection Protein, Foreign Injection Proteolytic Enzyme Protirelin Protokylol Protoveratrine A and B Protriptyline
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Pseudoephedrine - See Exceptions Pseudomonas Polysaccharide Complex P-ureidobenzenearsonic Acid Purified Protein Derivatives of Tuberculin Pyrantel Pyrazinamide Pyrazolon Pyridostigmine Pyrimethamine Pyrrobutamine Pyrvinium Quinacrine Quinestrol Quinethazone Quinidine Quinine Hydrochloride Quinine and Urea Hydrochloride Rabies Anti-Serum Rabies Immune Globulin, Human Rabies Vaccine Radio-Iodinated Compounds Radio-Iodine Radio-Iron Radioisotopes Radiopaque Media Ragweed Pollen Extract Rauwolfia Serpentina Rescinnamine Reserpine Reserpine Alkaloids Resorcinol Monoacetate - See Exceptions Rhus Toxicodendron Antigen Rh D Immune Globulin, Human Ribovlavin - See Exceptions Ricinoleic Acid Ritodrine Rifampin Ringer's Injection Rocky Mountain Spotted Fever Vaccine Rolitetracycline Rotoxamine Rubella and Mumps Virus Vaccine
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Rubella Virus Vaccine Rutin - See Exceptions Salicylazosulfapyridine Salmonelia Typhosa, Killed Scopolamine Senecio Cineraria Extract Ophthalmic Solution Selenium Sulfide - See Exceptions Senega Fluid Extract Silver Nitrate Opthalmic Solutions or Suspensions Silver Sulfadiazine Cream Sincalide Sitosterols Solutions for Injections, All Smallpox Vaccine Sodium Acetate Injection Sodium Acetrizoate Sodium Ascorbate Injection Sodium Biphosphate - See Exceptions Sodium Cacodylate Sodium Chloride Injection Sodium Dehydrocholate Sodium Dextrothyroxine Sodium Estrone Sodium Fluorescein - See Exceptions Sodium Fluoride - See Exceptions Sodium Iothalamate Sodium Polystyrene Sulfonate Sodium Propionated Vaginal Cream Sodium Sulfacetamide Sodium Sulfadiazine Sodium Sulfobromophthalein Sodium Sulfoxone Sodium Tetradecyl Sodium Tyropanoate Somatropin Sorbus Extract Sparteine Spectinomycin Spironolactons Stanozolol Staphage Lysate Bacterial Antigen Staphylococcus and Steptococcus Vaccine Staphylococcus Toxoid
Page 581
Stibophen Stinging Insect Antigens - Combined Stokes Expectorant Stramonium Streptococcus Antigen Streptokinase-Streptodornase Streptomycin Strontium - See Exceptions Strophanthin-G Strychnine Subsalicylate Bismuth Succinylchloline Succinylsulfathiazole Sulfabenzamide Vaginal Preparations Sulfacetamide Sulfachlorpyridazine Sulfacytine Sulfadiazine Sulfadimethoxine Sulfaethidole Sulfaguanidine Sulfamerazine Sulfameter Sulfamethazine Sulfamethizole Sulfamethoxazole Sulfamethoxypyridazine Sulfanilamide Sulfaphenazole Sulfathiazole Sulfapyridine Sulfasalazine Sulfinpyrazone Sulfisomidine Sulfisoxazole Sulfur Thioglycerol Sulindac Superinone Sutilains Syrosingopine Tamoxifen Terbutaline Terpin Hydrate with Codeine
Page 582
Testolactone Testosterone Tetanus and Diphtheria Toxoids Tetanus Antitoxin Tetanus Immune Globulin Tetanus Toxoids Tetracaine Tetracycline Tetraethylammonium Chloride Tetrahydrozoline - See Exceptions Theopromine Theobromide Theobromine Magnesium Oleate Theophylline - See Exceptions Theophylline Sodium Glycinate Thiabendazole Thiamylal Thiethylperazine Thiopropazate Thioguanine Thioridazine Thiosalicylate Thiotepa Thiothixene Thiphenamil Thrombin Thyroglobulin Thyroid Thyrotropin Thyroxine Thyroxine Fraction Ticarcillin Ticrynafen Timolol Tobramycin Tocamphyl Tolazamide Tolazoline Tolbutamide Tolmetin Tranylcypromine Tretinoin Triamcinolone Triamterene
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Trichlormethiazide Trichloroacetic Acid - See Exceptions Trichloroethylene - See Exceptions Trichlobisonium Triclofos Tridihexethyl Chloride Triethanolamine Polypeptides Triethylenethiophosphoramide Trifuloperazine Triflupromazine Trifluridine Trihexyphenidyl Triiodothyronine Trimeprazine Trimethadione Trimethaphan Cansylate Trimethobenzamide Trimethoprim Trimipramine Triolein Trioxsalen Tripelennamine See Exceptions Triphenyltetrazolium Triple Sulfas Triprolidine Trisulfapyrimidines Troleandomycin Trolnitrate Tromethamine Tropicamide Trypsin Trypsin-Chymotrypsin Tuaminoheptane Tuberculin, Purified Protein Derivatives Tuberculin Tine Test Tuberculin, Old Tubocurarine Tybamate Typhoid and Paratyphoid Vaccine Typhus Vaccine Tyropanoate
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Undecoylium Uracil Urea - See Exceptions Valethamate Valproate Valproic Acid - See Exceptions Vancomycin Vasopressin VDRL Antigen Veratrum Viride Versenate Vidarabrine Vinblastine Vincristine Vinyl Ethyl - See Exceptions Viomycin Vitamin K Vitamin B12 Injection Vitamine with Fluoride Warfarin Wargarin Yellow Fever Vaccine Yohimbine 4-Chloro-3,5-Xylenol - See Exceptions Devices that require a prescription Cellulose, Oxadized, Regenerated - See Exceptions (Surgical Absorbable Hemostat) Diaphragms for Vaginal Use Hemodialysis Solutions Hemodialysis Kits Lippes Loop Intrauterine Saf-T-Coil Intrauterine Device Intrauterine Devices, All Absorbable Hemostat Gonorrhea Test Kit
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EXCEPTIONS/EXEMPTIONS: Atropine Sulfate - where the oral dose is less than 1/200 gr. per unit. Bacitracin Cream or Ointment for Topical Use. Belladonna or Belladonna Alkaloids when in combination with other drugs and the dosage unit is less than 0.1 mg. of the alkaloids or its equivalent. Beta Carotene - all forms occurring in food products or lotions. Bromelain, Pancreatic Enzymes, Trypsin and Bile Extract - when labeled properly as digestive aids with appropriate dosage and in compliance with FDA labeling and restrictions. Brompheniramine - where a single dosage unit is 4 mg. or less. Chlorpheniramine - where a single dosage unit is 12 mg. or less. Cough preparations containing diphenydramine 12.5 mg., Alcohol 5%, and not more than 0.4% Chloroform in each 5 ml. Doxylamine Succinate where a single dosage form is 25 mg. or less and when labeled to be used as a night-time sedative. Hydrocortisone Topical Skin Preparations up to 0.5% in strength. Hydroxocobalamin, Riboflavin, Niacinamide, Ergocalciferol, (maximum of 400 I.U. per day), Folic Acid (maximum of 0.4 mg. per day), and Magnesium Gluconate - when as a source of vitamins and dietary supplement but must bear such labels and adhere to such restrictions of FDA regulations. Insulin, all. Lidocaine Topical Ointment, 25 mg./gm. or less. Meclizine - 25 mg. or less. Neomycin Sulfate Ointment or Cream for Topical Use.
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Nitrous Oxide - when used as a propellant in food products. Oxygen - compressed oxgen which is not labeled `CAUTION: Federal Law Prohibits Dispensing Without Prescription' or similar wording. Pheniramine - where the oral dose is 25 mg. or less. Polymyxin B when in combination with other drugs in an ointment or cream for topical use. Any Potassium Electrolyte when manufactured for use as a dietary supplement, food additive for industrial, scientific, or commercial use, or when added to other drug products when the product is not intended as a Potassium supplement but must bear such labels and adhere to such restrictions of FDA regulations. Povidone Iodine Solutions and Suspensions. Prophenpyridamine - where the unit dose is 12.5 mg. or less. Pseudoephedrine - where the dosage unit is not more than 30 mg. or when in combination with another medically active ingredient and the dosage unit is not more than 60 mg. or not more than 120 mg. when manufactured to release the drug in delayed action slow time release. Rutin - where the dosage unit is less than 60 mg. Selenium Sulfide Suspension 1% or less in strength. Tetrahydrozaline for Ophthalmic or Topical Use. Theophylline preparations alone or in combination with other drugs prepared for and approved for OTC sale by FDA; Example - Tedral tablets (plain) or oral suspension. Tripelennamine Cream or Ointment for Topical Use. Urea - except when the manufacturer's label contains the wording `CAUTION: Federal Law Prohibits Dispensing Without Prescription' or similar wording.
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Any drug approved by FDA for animal use and the package does not bear the statement `CAUTION: Federal Law Prohibits Dispensing Without Prescription' or similar wording. The following list of compounds or preparations may be purchased without a prescription provided the products are manufactured for industrial, scientific, or commercial sale or use, unless they are intended for human use and/or contain on the label `CAUTION: Federal Law Prohibits Dispensing Without a Prescription' or similar wording: Aminosalicylate Aminosalicylate Calcium Aminosalicylate Potassium Aminosalicylate Sodium Aminosalicylic Acid Barium Beta-Carotene Bismuth Sodium Tartrate Cadmium Sulfide Calcium Disodium Edetate Cellulose, Oxadized, Regenerated Chlorabutanol Chloranil Chloroacetic Acid Chloroform Colchicine Dapsone Dimethyl Sulfoxide Disodium Edetate Edetate Disodium Ether Ethoxazene Ethyl Chloride Fluoride Formaldehyde Gold Thiosulfate Hexachlorophene Iodobenzoic Acid Iopanoic Acid Lindane Lithium Carbonate Mandelic Acid
Page 588

Mannitol Mercury Bichloride Nitroprusside Potassium Aminosalicylate Potassium p-Aminobenzoate Potassium Permanganate Resorcinol Monoacetate Selenium Sulfide Sodium Biphosphate Sodium Fluorescein Sodium Fluoride Strontium Trichloroacetic Acid Trichloroethylene Valproic Acid Vinyl Ether 4-Chloro-3,5Xylenol Section 3. Code Section 79A-806, relating to Schedule I controlled substance drugs, as amended, is hereby amended by adding (25) 1-phenyl-2-propanone (phenylacetone) to the end of subsection (d) of Code Section 79A-806 so that when so amended subsection (d) of Code Section 79A-806 shall read as follows: (d) Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers (whether optical, position, or geometrics), 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) 3,4methylenedioxyamphetamine; (2) 5-methoxy-3, 4-methylenedioxyamphetamine; (3) 3,4,5-trimethoxyamphetamine; (4) Bufotenine; (5) Diethyltryptamine; (6) Dimethyltryptamine;
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(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: (A) All synthetic or naturally produced samples containing more than 15 percent by weight of tetrahydrocannabinols; and (B) 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) 4methoxyamphetamine; (20) Cyanoethylamphetamine; (21) (1-phenylcyclohexyl) ethylamine; (22) 1-(1phenylcyclohexyl) pyrrolidine;
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(23) Phencyclidine; (24) 1-piperidinocyclohexanecarbonitrile; (25) 1-phenyl-2-propanone (phenylacetone). Section 4. Code Section 79A-809, relating to Schedule IV controlled substance drugs, as amended, is hereby amended by deleting subsections (22) and (23) of Code Section 79A-809(b) and substituting in lieu thereof (22) Pentazocine and (23) Dextropropoxyphene 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;
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(12) Fenfluramine; (13) Diethylpropion; (14) Phentermine; (15) Chlordiazepoxide: but not including 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; (23) Dextropropoxyphene; (24) Lorazepam; (25) Prazepam; (26) Mebutamate; (27) Desmethyldiazepam. Section 5. Code Section 79A-810, relating to Schedule V controlled substance drugs, as amended, is hereby amended by deleting subsection (c) in its entirety and substituting in lieu thereof the following: (c) Any compound, mixture, or preparation containing loperamide.
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Section 6. Code Section 79A-9905, relating to the refusal to keep required records and permit inspection of same, is hereby amended by deleting Code Section 79A-9905 in its entirety and substituting in lieu thereof the following: 79A9905. Refusal to keep required records and permit inspection of same; selling of controlled substances and dangerous drugs. (a) Any person who shall fail to keep records required to be maintained by Chapter 79A-8 or who shall refuse to permit inspection of the same by any drug and narcotic agent appointed under this Code title shall be guilty of a crime and punished as provided in that chapter. Any person who shall fail to keep records required to be maintained by any other chapter of this Code title shall be guilty of a misdemeanor and punished as provided by law. (b) No controlled substance or dangerous drug shall be sold for dispensing unless the controlled substance or dangerous drug: (1) Is approved by the

Food and Drug Administration for resale; and/or (2) Has a new approved drug application number (known as an NDA number) unless excepted by the Food and Drug Administration; or (3) Has an approved abbreviated new drug application number (known as an ANDA number) unless excepted by the Food and Drug Administration. 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 April 7, 1981.
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CHEROKEE JUDICIAL CIRCUITTERMS. No. 304 (House Bill No. 719). AN ACT To change the terms of court in each of the two counties which comprise the Cherokee 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, the terms of the superior court in the counties which comprise the Cherokee Judicial Circuit shall be as follows: Bartow County: The first Monday in February and August; The fourth Monday in April; and The third Monday in October. Gordon County: The first Monday in March and December; The first Monday in June; and The second Monday in September. 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 6, 1981.
Page 594
JOINT CITY-COUNTY BOARDS OF TAX ASSESSORS IN CERTAIN COUNTIES BASED ON POPULATION OF CITIES (MORE THAN 400,000). Code Section 91A-1013 Amended. No. 324 (House Bill No. 775). AN ACT To amend Code Section 91A-1013, relating to time for making tax returns, as amended, so as to provide for making tax returns in all counties having therein the greater part of a city having a population of more than 400,000 according to the census and having a Joint City-County Board of Tax Assessors; 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-1013, relating to time for making tax returns, as amended, is hereby amended by adding at the end thereof a new subsection (i) to read as follows: (i) In all counties having therein the greater part of a city having a population of more than 400,000, according to the census, and having a Joint City-County Board of Tax Assessors, the officers authorized to receive tax returns for all said cities and counties shall open their books for the return of taxes on January 2 each year and shall close them on March 1 of 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 April 6, 1981.
Page 595
AUGUSTA JUDICIAL CIRCUITJUDGES' COMPENSATION. No. 343 (House Bill No. 825). AN ACT To provide for a supplement to the compensation, expenses, and allowances of the judges of the Superior Court of the Augusta 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 . In addition to the compensation, salary, expenses, and allowances presently being received by the judges of the Superior Court of the Augusta Judicial Circuit from the State of Georgia or any other source, the judges of the superior court of said circuit shall receive a supplement to such compensation from the funds of Columbia County in the amount of $3,000.00 per annum for each such judge. Said supplementary salary shall be paid in equal monthly installments. Section 2 . This Act shall become effective July 1, 1981. 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 1981 Session of the General Assembly of Georgia, a Bill to provide for supplements to the salaries of the Judges of the Superior Court of Columbia County; to authorize the Board of Commissioners to pay such supplements; and for other purposes. This 2nd day of February, 1981. A. Rowland Dye Columbia County Attorney
Page 596
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William S. Jackson who, on oath, deposes and says that he/she is Representative from the 77th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbia News and The Martinez-Times which is the official organ of Columbia County, on the following dates: February 5, 12, 19, 1981. /s/

William S. Jackson Representative, 77th District Sworn to and subscribed before me, this 23rd day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981.

Page 597

COBB JUDICIAL CIRCUITCOMPENSATION OF JUDGES. No. 430 (House Bill No. 1026). AN ACT To amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. Laws 1951, p. 184), as amended, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit; to change certain provisions relating to contributions to the Trial Judges and Solicitors Retirement Fund; 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 Cobb Judicial Circuit, approved February 19, 1951 (Ga. Laws 1951, p. 184), as amended, is hereby amended by striking from Section 4 the following sentence: Each judge of the Superior Court of the Cobb Judicial Circuit shall receive an annual supplement of $2,000.00 from the general funds of Cobb County. Section 2 . Said Act is further amended by striking in its entirety Section 4H, which reads as follows: Section 4H. The governing authority of Cobb County shall pay to each judge of the Superior Court of the Cobb Judicial Circuit a sum equal to the contribution required for judges by an Act known as the `Trial Judges and Solicitors Retirement Fund Act', approved March 11, 1968 (Ga. Laws 1968, p. 259), as now or hereafter amended., and inserting in lieu thereof a new Section 4H to read as follows: Section 4H. Each judge of the Superior Court of the Cobb Judicial Circuit shall receive an annual supplement of $9,200.00, payable in equal monthly installments from the funds of Cobb County. Section 3 . 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 4 . 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 1981 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 9th day of Jan. 1981. Roy E. Barnes Haskew

Brantley Joe L. Thompson Al Burruss Fred Aiken Johnny Isakson Carl Harrison Ken Nix Joe Mack Wilson George W.

Darden Steve Thompson

Georgia, Fulton County. Personally appeared before me, the undersigned authority,

duly authorized to administer oaths, George W. Darden 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 9, 16, 23, 1981. /s/

George W. Darden Representative, 19th District

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Sworn to and subscribed before me, this 5th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. AD VALOREM TAXATION IN CERTAIN MUNICIPALITIES (17,000) (20,000) IN CERTAIN COUNTIES (400,000 - 600,000) (350,000 - 500,000). Code Section 91A-1503 Amended. No. 441 (House Bill No. 1058). AN ACT To amend Code Section 91A-1503, relating to the basis for fair market value of property subject to both municipal and county ad valorem taxation, so as to change the population requirements relative to municipalities having a population of 20,000 or more which are located within counties having a population of not less than 400,000 nor more than 600,000 according to the census; 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-1503, relating to the basis for fair market value of property subject to both municipal and county ad

Page 600

valorem taxation, is hereby amended by striking from said Code section the following: 20,000, 400,000, and 600,000, and inserting in lieu thereof the following: 17,000, 350,000, and 500,000, respectively, and by inserting in the second sentence of said Code section between the word located and the word within the word wholly, so that when so amended Code Section 91A-1503 shall read as follows: 91A-1503. Basis for fair market value of property subject to both municipal and county ad valorem taxation. Except as otherwise provided in Code Section 91A-1019, the board of tax

assessors in each municipality which has such a board pursuant to the municipal charter shall use as the basis for fair market value of property subject to both municipal and county ad valorem taxation the 100 percent fair market value determined for the property for county ad valorem tax purposes before being reduced to the 40 percent assessed value required by law for county ad valorem taxation purposes. Where there are existing municipal and county assessments for any municipality with 17,000 or more persons according to the census, located wholly within counties having populations of not less than 350,000 and not more than 500,000 according to the census, the Commissioner may designate, for each parcel of property or class of property, which of the two assessments shall be used. Where there are existing municipal and county assessments for any municipality with 15,000 or more persons according to the census, located within counties having populations of not less than 59,000 and not more than 60,000 according to the census, the Commissioner may designate, for each parcel of property or class of property, which of the two assessments shall be used. 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 April 6, 1981. COURT REPORTERS IN CERTAIN JUDICIAL CIRCUITS BASED UPON POPULATION OF COUNTIES (250,000 500,000) (350,000 - 500,000). No. 443 (House Bill No. 1059). AN ACT To amend an Act providing two additional court reporters for certain judicial circuits and providing additional secretarial and clerical help in such circuits, approved April 28, 1969 (Ga. Laws 1969, p. 876), as amended by an Act approved March 29, 1973 (Ga. Laws 1973, p. 249), so as to change the population figures in said Act; to provide for editorial revision; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing two additional court reporters for certain judicial circuits and providing additional secretarial and clerical help in such circuits, approved April 28, 1969 (Ga. Laws 1969, p. 876), as amended by an Act approved March 29, 1973 (Ga. Laws 1973, p. 249), is hereby amended by striking Section 1 which reads as follows: Section 1. Effective July 1, 1969, the judges of all judicial circuits in this State in which is located a county having a population of not less than 250,000 nor more than 500,000, according to the 1960 U. S. decennial census, or any such future census, are empowered and authorized to employ two additional court reporters to serve as official court reporters of such circuits. Such reporters shall be paid in the same manner and shall receive the same compensation as is
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now or may hereafter be provided by law for court reporters of such circuits., and inserting in lieu thereof a new Section 1 to read as follows: Section 1. The judges of all judicial circuits in this State in which is located a county having a population of not less than 350,000 nor more than 500,000, according to the United States decennial census of 1970 or any such future census, are empowered and authorized to employ two additional court reporters to serve as official court reporters of such circuits. Such reporters shall be paid in the same manner and shall receive the same compensation as is now or may hereafter be provided by law for court reporters of such circuits. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981. ELECTIONSQUALIFICATIONS OF SCHOOL BOARD MEMBERS IN CERTAIN COUNTIES (350,000 - 500,000) (400,000 - 500,000). Code Section 32-903.2 Amended. No. 446 (House Bill No. 1064). AN ACT To amend Code Chapter 32-9, relating to county boards of education, as amended, particularly by an Act approved April 18, 1975 (Ga. Laws 1975, p. 828), so as to change the provisions relative to counties having a population of not less than 400,000 or more than 500,000 according to the United States decennial census of 1970 or any future such census; to repeal conflicting laws; and for other purposes.
Page 603
Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 32-9, relating to county boards of education, as amended, particularly by an Act approved April 18, 1975 (Ga. Laws 1975, p. 828), is hereby amended by striking from Code Section 32-903.2 the following figure: 400,000, and inserting in lieu thereof the following figure: 350,000, so that when so amended, said Code section shall read as follows: 32-903.2. Certain qualifications of school board members of certain counties provided. In all counties of this State having a population of not less than 350,000 or more than 500,000 according to the United States Decennial Census of 1970 or any future such census, the members of the county boards of education of such counties, effective for all such members taking office after December 1, 1975, shall not hold any other elective governmental office. If any member of any such county board of education, at any time after December 1, 1975, should qualify for nomination or election to any other elective governmental office, other than for membership on such county board of education, his position on such county board of education shall thereby become

vacant, and such vacancy shall be filled as provided by the law applicable to any such county board of education. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1981.
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BRUNSWICK PORT AUTHORITYREVENUE BONDS, ETC. No. 450 (House Bill No. 1072). AN ACT To amend an Act creating the Brunswick Port Authority, approved March 8, 1945 (Ga. Laws 1945, p. 1023), as amended, particularly by an Act approved April 3, 1968 (Ga. Laws 1968, p. 554), so as to remove the interest limitation on revenue bonds issued by said Authority; to provide that any revenue bonds or other bonds, notes, certificates, or other obligations issued by said Authority which evidence any repayment obligation for money borrowed by said Authority shall be exempt from all laws of the State governing usury or prescribing or limiting interest rates on any such bonds, notes, certificates, or other obligations; to provide that the interest rate or rates to be borne by any such revenue bonds or other bonds, notes, certificates, or other obligations may float in response to a variable; to provide for construction and notice of 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. An Act creating the Brunswick Port Authority, approved March 8, 1945 (Ga. Laws 1945, p. 1023), as amended, particularly by an Act approved April 3, 1968 (Ga. Laws 1968, p. 554), is hereby amended by striking in its entirety Section 5 thereof and inserting in lieu thereof a new Section 5 to read as follows: Section 5. Revenue Bonds and Other Obligations. 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 of the Authority for the purpose of paying all or any parts of the cost as hereinabove defined of any one or more projects. The principal and interest of such revenue bonds shall be payable from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall mature at such time or times not exceeding forty (40) years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution
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providing for the issuance of the 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 principal and interest thereof, which may be at any bank or trust company within or without the State. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupons ceases to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary-Treasurer of the Authority and any coupons attached thereto shall bear the facsimile signature of the Chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bond shall be duly authorized or hold the proper office, although at the date of such bond such persons may not have been so authorized or shall not have held such office. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents to negotiable instruments under the laws of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. The bonds may be issued in coupon or in registered form, or both, as the Authority may determine, and provisions may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. The Authority may sell such bonds in such manner for such price as it may determine to be for the best interest of the Authority, such price not to be limited by any interest cost limitation contained in any other law. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects and shall be disbursed upon requisition or order of the Chairman of the Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which additional bonds, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust
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indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference

or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. 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. 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 of the conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more projects. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Any of the revenue bonds or other bonds, notes, certificates or other obligations of any kind issued by the Authority to evidence any repayment obligation for money borrowed by said Authority shall be exempt from all laws of the State governing usury or prescribing or limiting interest rates to be borne by any such bonds, notes, certificates or other obligations. The interest rate on any such bonds, notes, certificates or other obligations issued by the Authority shall be fixed, and with respect to any interest rate which floats in response to a variable the method of calculation shall be fixed by the governing body of the Authority in the resolution adopted by such governing body to authorize the issuance of any such bonds, notes, certificates or other obligations. Section 2 . Although this Act being an Act pertaining to a branch of the State of Georgia and affecting the people of the entire State, notice of the intent to introduce such Act in the Legislature is not required; there has nevertheless been exhibited to the General Assembly evidence, and it is hereby found that the notice of local legislation contemplated by the provisions of the Constitution of Georgia has been duly published.
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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. Notice. Notice is hereby given that there will be introduced at the 1981 regular session of the General Assembly of Georgia, a bill to amend an Act creating the Brunswick Port Authority, approved March 8, 1945 (Ga. Laws 1945, p. 1023), as amended, and for other purposes. James R. Tuten, Jr. Representative, House District 153 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Tuten who, on oath, deposes and says that he/she is Representative from the 153rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following dates: January 30, February 6, 13, 1981. /s/ Jim Tuten Representative, 153rd District
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Sworn to and subscribed before me, this 3rd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 6, 1981. FIREMEN'S RETIREMENT SYSTEM ACT AMENDED. No. 468 (House Bill No. 26). AN ACT To amend an Act to provide revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia and creating the Firemen's Retirement System, approved March 3, 1955 (Ga. Laws 1955, p. 339), as amended, particularly by an Act approved March 27, 1968 (Ga. Laws 1968, p. 441), and an Act approved February 25, 1976 (Ga. Laws 1976, p. 235), and an Act approved February 25, 1976 (Ga. Laws 1976, p. 241), and an Act approved March 9, 1979 (Ga. Laws 1979, p. 364), so as to provide for an increase in the monthly retirement benefits of eligible firemen or volunteer firemen; to provide for an increase in the monthly retirement benefits of eligible firemen who have previously retired; 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 to provide revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia and creating the Firemen's Retirement System, approved March 3,
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1955 (Ga. Laws 1955, p. 339), as amended, particularly by an Act approved March 27, 1968 (Ga. Laws 1968, p. 441), and an Act approved February 25, 1976 (Ga. Laws 1976, p. 235), and an Act approved February 25, 1976 (Ga. Laws 1976, p. 241), and an Act approved March 9, 1979 (Ga. Laws 1979, p. 364), is hereby amended by adding at the end of Section 7, relating to retirement benefits, a new subsection to be designated subsection (d) of Section 7 to read as follows: (d) Any

person who before March 9, 1979, had been retired and was receiving a pension under the provisions of this Section 7 shall be entitled to an increase of $25.00 in the amount of his monthly pension benefit otherwise payable, in accordance with the law applicable to his retirement, for periods beginning April 1, 1981, but the total monthly pension benefit payable to any such person shall not in any case exceed the amount he would have received under subsection (a) or (b) of this Section 7 had he retired on March 9, 1979, with the same service credits and at the same age as he held on the date of his actual retirement. Section 2 . Said Act is further amended by adding at the end of Section 17, relating to disability benefits, a new subsection to be designated subsection (g) of Section 17 to read as follows: (g) Any person who before February 25, 1976, was awarded by the Board a disability benefit under the provisions of this Section 17 shall be entitled to an increase of $25.00 in the amount of the monthly disability benefit otherwise payable under this Act on and after April 1, 1981, but the total monthly disability benefit shall not exceed in any case $215.00. 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 April 7, 1981. GEORGIA BOARD OF DENTISTRYMEMBERS. Code Section 84-702 Amended. No. 469 (House Bill No. 29). AN ACT To amend Code Section 84-702, relating to the composition of the Georgia Board of Dentistry, as amended, so as to change the provisions relating to the appointment of members; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 84-702, relating to the composition of the Georgia Board of Dentistry, as amended, is hereby amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) Nine members of the board shall be dentists and shall be appointed as follows: The members of the board who are dentists serving on July 1, 1981, shall continue to serve out their respective terms of office. As each such member's term of office subsequently expires, the Governor shall appoint a new member who shall be a practicing dentist licensed by the State of Georgia. The Georgia Dental Association may, at each annual meeting, nominate four reputable practicing dentists for each expired or next expiring board member's term; and, from each group of four
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dentists so nominated, the Governor may appoint one as the new member of said board. (2) One member of the board shall be a dental hygienist who is not a dentist to be appointed as follows: The member of the board who is a dental hygienist serving on July 1, 1981, shall continue to serve out this respective term of office. As each such member's term of office subsequently expires, the Governor shall appoint a new member who shall be a practicing dental hygienist licensed by the State of Georgia. The Georgia Dental Hygienists Association may nominate four reputable dental hygienists who are not dentists for each expired or expiring term; and, from each group of four dental hygienists so nominated, the Governor may appoint one as the new member of said board. (3) One member of the board shall be a citizen of this state who is not a dentist or a dental hygienist and who shall be appointed by the Governor. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. HEALTH CODE AMENDEDEYE BANKS. Code Section 88-2010 Amended. No. 470 (House Bill No. 30). AN ACT To amend Code Section 88-2010, relating to cornea and eye removal by medical examiners and physicians, as amended, particularly by an Act approved March 31, 1980 (Ga. Laws 1980, p. 1328), so as to correct a reference; to provide for conditions of corneal tissue removal; to amend the Georgia Post Mortem Examination Act,
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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) and an Act approved April 5, 1961 (Ga. Laws 1961, p. 437), so as to correct a reference; to provide for post mortem examinations and inquests; to state legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 88-2010, relating to cornea and eye removal by medical examiners and physicians, as amended, particularly by an

Act approved March 31, 1980 (Ga. Laws 1980, p. 1328), is hereby amended by striking from division 88-2010(b)(1)(A)(i) the following: 4, and inserting in lieu thereof the following: 5, so that when so amended said section shall 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 a autopsy is required in 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.
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(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 5 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; (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:
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(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 88-2010(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 . 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) and an Act approved April 5, 1961 (Ga. Laws 1961, p. 437), is hereby amended by striking from the directory language of Section 1 of said 1961 amendatory Act the following: section 4, and inserting in lieu thereof the following: section 5. Section 3 . The General Assembly declares that this Act is intended to be declaratory of existing law, correcting references therein. This Act shall not be construed to imply that the law prior to passage of this Act was other than the law following its passage.
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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 April 7, 1981. FACTORS IN DETERMINING GRANT OF PERMANENT ALIMONY. Code Section 30-209 Amended. No. 471 (House Bill No. 39). AN ACT To amend Code Chapter 30-2, relating to alimony, so as to state factors which must be considered in determining whether to grant permanent alimony; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 30-2, relating to alimony, is hereby amended by striking in its entirety Code Section 30-209, which reads as

follows: 30-209. Jury may provide permanent alimony; factors in determining amount; effect of remarriage. The jury rendering the final verdict in a divorce suit or the court entering a final decree in a divorce suit tried without a jury may provide permanent alimony for either party, either from the corpus of the estate or otherwise, according to the condition of both parties, including the separate estate, earning capacity, and fixed liabilities of each party. All obligations for permanent alimony to a party, whether created by contract, verdict, judgment, or decree, the time for performance of
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which has not arrived, shall cease upon remarriage of the party to whom such obligations are owed unless otherwise provided., and inserting in its place a new section to read as follows: 30-209. Permanent alimony. (a) The finder of fact may grant permanent alimony to either party, either from the corpus of the estate or otherwise. The following shall be considered in determining the amount of alimony, if any, to be awarded: (1) The standard of living established during the marriage. (2) The duration of the marriage. (3) The age and the physical and emotional condition of both parties. (4) The financial resources of each party. (5) Where applicable, the time necessary for either party to acquire sufficient education or training to enable him or her to find appropriate employment. (6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party. (7) The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties. (8) Such other relevant factors as the court deems equitable and proper. (b) All obligations for permanent alimony, however created, the time for performance of which has not arrived, shall terminate upon remarriage of the party to whom such obligations are owed unless otherwise provided. 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 April 7, 1981. MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDED. No. 472 (House Bill No. 40). 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 exclude certain vehicles from the operation of the Act; to provide for exemptions; to provide for certain security interests or liens; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act 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 at the end of Section 4 of said Act, relating to exclusions, a new subsection to read as follows: (13) (A) A vehicle, other than a mobile home or crane, which weighs less than 10,000 pounds gross vehicle weight and which is 15 or more model years old. For purposes of this subsection, a model year begins on September 1 of each year. (B) The owner of any vehicle which has a valid certificate of title and which becomes subject to the exclusion provided in paragraph (A) may retain the certificate of title. Each subsequent transferee of any vehicle covered by paragraph (A) for which the certificate of title has been retained may obtain a certificate of title by complying with Section 15 of this Act relating to transfers;
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however, the failure of any subsequent transferee to comply with Section 15 shall preclude subsequent transferees from obtaining a certificate of title. The department shall maintain such records as may be necessary to allow owners to obtain a certificate of title under this paragraph. No certificate of title authorized to be issued under this paragraph shall be issued under the provisions of Section 12A, relating to certificates of title issued by posting a bond. (C) (i) A security interest in or lien against a vehicle subject to the exclusion provided in paragraph (A) which is perfected on or before the date such vehicle becomes subject to the operation of paragraph (A) shall lapse unless a notice of such security interest or lien is filed with the commissioner within 30 days from the date such vehicle becomes subject to the exclusion provided in paragraph (A). (ii) A security interest in or lien against a vehicle subject to the exclusion provided in paragraph (A) which arises after such vehicle becomes subject to the operation of paragraph (A) may be perfected in the same manner as such security interests and liens are perfected on vehicles required by this Act to have certificates of title. (iii) The transferee of any vehicle subject to the exclusion provided for in paragraph (A) regardless of whether that vehicle has a certificate of title issued pursuant to paragraph (B) shall take such vehicle subject to any security interest or lien perfected under this paragraph. Section 2 . Said Act is further amended by striking from subsection (a) of Section 6 of said Act the following: Once a vehicle is modeled in such a year as to bring it under the provisions of this Act, such vehicle, which is thereafter required to be registered in this State, shall have a Georgia Certificate of Title., and substituting in lieu thereof the following: However, once a vehicle comes within the exclusion provided by subsection (13) of section 4 of this Act,

a certificate of title shall no longer be required.,
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so that when so amended subsection (a) of Section 6 of said Act shall read as follows: (a) Except as provided in section 4, every owner of a vehicle, which is required to be registered in this State by law and for which no certificate of title has been issued by the Commissioner, shall make application to the Commissioner for a certificate of title to the vehicle according to the model of the vehicle. Such application is to be made in the following manner: All 1963 model vehicles and all successive model vehicles thereafter shall have a certificate of title. However, once a vehicle comes within the exclusion provided by subsection (13) of section 4 of this Act, a certificate of title shall no longer be required. Section 3 . This Act shall become effective January 1, 1982. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. TRAVEL ALLOWANCE FOR COURT REPORTERS. No. 473 (House Bill No. 47). AN ACT To amend an Act providing for a contingent expense and travel allowance for court reporters of the superior courts, approved April 5, 1961 (Ga. Laws 1961, p. 354), as amended, particularly by an Act approved April 5, 1971 (Ga. Laws 1971, p. 417), so as to change the expenses and allowances; 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 providing for a contingent expense and travel allowance for court reporters of the superior courts, approved April 5, 1961 (Ga. Laws 1961, p. 354), as amended, particularly by an Act approved April 5, 1971 (Ga. Laws 1971, p. 417), is hereby amended by striking in its entirety Section 2 thereof, which reads as follows: Section 2. The amounts payable under this Act to superior court reporters as contingent expense and travel allowance shall be as follows: (a) For reporters of judicial circuits consisting of one county only$50.00 per month; (b) For reporters of judicial circuits consisting of two counties$90.00 per month; (c) For reporters of judicial circuits consisting of three counties$115.00 per month; (d) For reporters of judicial circuits consisting of four counties$150.00 per month; (e) For reporters of judicial circuits consisting of five or more counties$200.00 per month., and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The amounts payable under this Act to superior court reporters as contingent expense and travel allowance shall be as follows: (a) For reporters of judicial circuits consisting of one county only$80.00 per month; (b) For reporters of judicial circuits consisting of two counties$140.00 per month; (c) For reporters of judicial circuits consisting of three counties$200.00 per month; (d) For reporters of judicial circuits consisting of four counties$260.00 per month;
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(e) For reporters of judicial circuits consisting of five counties$320.00 per month; (f) For reporters of judicial circuits consisting of six or more counties$380.00 per month. 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 7, 1981. GEORGIA INDUSTRIAL LOAN ACT AMENDED. No. 474 (House Bill No. 50). AN ACT To amend an Act known as the Georgia Industrial Loan Act, approved March 4, 1955 (Ga. Laws 1955, p. 431), as amended, particularly by an Act approved March 20, 1980 (Ga. Laws 1980, p. 509), so as to repeal the provision relating to the reinstatement of a certain rate of interest; 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, particularly by an Act approved March 20, 1980 (Ga. Laws 1980, p. 509), is hereby amended by striking Section 3 of the amendatory Act approved March 20, 1980 (Ga. Laws 1980, p. 509), which reads as follows:
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Section 3. 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 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., 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 April 7, 1981. BREACH OF BONDS FOR GOOD BEHAVIOR. Code Section 76-102 Amended. No. 475 (House Bill No. 53). AN ACT To amend Code Section 76-102, relating to

suit for breach of bonds for good behavior, so as to change certain provisions relating to disposition of recovery; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 76-102, relating to suit for breach of bonds for good behavior, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new Code Section 76-102 to read as follows:
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76-102. Suit for breach of bond; disposition of recovery. For a violation of the bond, suit may be brought at the instance of any citizen of the county. The recovery on the bond shall be paid to the informer. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. THE GEORGIA JUSTICE COURTS TRAINING COUNCIL ACT AMENDEDEXCLUSIONS. No. 476 (House Bill No. 64). AN ACT To amend The Georgia Justice Courts Training Council Act, approved March 14, 1978 (Ga. Laws 1978, p. 894), as amended by an Act approved March 20, 1980 (Ga. Laws 1980, p. 638), so as to redefine the term justice of the peace to exclude judges who are 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), as amended by an Act approved March 20, 1980 (Ga. Laws 1980, p. 638), is hereby amended by striking subsection (d) of Section 2 and substituting in lieu thereof the following new subsection (d) of Section 2: (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 justice of the peace, notary public ex officio justice of the peace, justice of the peace emeritus, or small claims court judge
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who has been a practicing attorney for at least four years as evidenced by at least four years of 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. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. HANDICAPPED PARKING LAW AMENDED. Code Section 68A-1022 Amended. No. 477 (House Bill No. 67). AN ACT To amend subchapter B, known as the Handicapped Parking Law, of Code Chapter 68A-10, relating to stopping, standing, and parking of motor vehicles, so as to provide for the issuance of handicapped parking permits by mail; to eliminate fees for handicapped parking permits and provide for the issuance of such permits without charge; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Subchapter B, known as the Handicapped Parking Law, of Code Chapter 68A-10, relating to stopping, standing, and parking of motor vehicles, is hereby amended by inserting a new sentence immediately following the first sentence of subsection (a) of Code Section 68A-1022 to read as follows: The department shall also receive applications for and issue handicapped parking permits by mail and may, by regulations,
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require such proof of disability or incapacity as may be necessary to issue such permits by mail., so that when so amended said subsection (a) shall read as follows: (a) The department shall issue handicapped parking permits at every place where it issues drivers' licenses. The department shall also receive applications for and issue handicapped parking permits by mail and may, by regulations, require such proof of disability or incapacity as may be necessary to issue such permits by mail. 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. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. GEORGIA ALCOHOLIC BEVERAGES CODE AMENDEDPOSSESSION ON PUBLIC SCHOOL GROUNDS. Code Section 5A-508.1 Enacted. No. 478 (House Bill No. 72). AN ACT To amend Code Title 5A, known as the Georgia Alcoholic Beverages Code, so as to make it unlawful to possess alcoholic beverages upon the grounds or within any structure of certain elementary schools; high schools; or trade, vocational, or industrial schools; to provide for exceptions; 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 5A, known as the Georgia Alcoholic

Beverages Code, is hereby amended by adding between Code Section 5A-508 and Code Section 5A-509 a new Code Section 5A-508.1 to read as follows: 5A-508.1. Possession of alcoholic beverages on public school grounds. (a) Except as provided in subsection (b), no person shall possess any alcoholic beverages upon the grounds or within any structure of a public elementary school; public high school; or public trade, vocational, or industrial school. (b) Subsection (a) shall not apply to any situation where alcoholic beverages are used by a teacher for educational purposes nor to any situation where alcoholic beverages are used in a religious ceremony or observance. 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 April 7, 1981. HOMESTEAD EXEMPTIONS. Code Title 51 Amended. No. 479 (House Bill No. 80). AN ACT To amend Code Title 51, relating to homesteads and exemptions, as amended, so as to change the amount of certain exemptions to be used for the purposes of bankruptcy and in actions involving bankruptcy; to provide for the automatic repeal of certain Code sections
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relating to exemptions in bankruptcy and bankruptcy actions; to provide for legislative intent; to amend an Act entitled 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., approved March 24, 1980 (Ga. Laws 1980, p. 952), so as to delete the section dealing with the automatic repeal of certain Code sections; 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. Section 2. Code Title 51, relating to homesteads and exemptions, as amended, is hereby amended by striking in its entirety Code Section 51-1301.1, which reads 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:
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(A) A social security benefit, unemployment compensation, 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 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
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(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 by 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; (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., and substituting in lieu thereof the following: 51-1301.1. Alternative exemption. (a) 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:
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(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 compensation, 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 the total of $1,000.00 in value, in all motor vehicles; 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 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 $3,500.00 in total value; and (5) The debtor's aggregate interest, not to exceed $500.00 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
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(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; (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.
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Section 3. Said Code title is further amended by designating the current language of Code Section 51-1601 as subsection (a), so that when so amended Code Section 51-1601 shall read as follows: Section 51-1601. Exemptions for the purpose

of bankruptcy. (a) 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 other place. Section 4. An Act entitled 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., approved March 24, 1980 (Ga. Laws 1980, p. 952), is hereby amended by striking in its entirety Section 4 of said Act, which reads as follows: 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. 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 7, 1981.
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PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM ACT AMENDED. No. 480 (House Bill No. 93). AN ACT To amend an Act known as the Act Creating the Public School Employees Retirement System, approved April 30, 1969 (Ga. Laws 1969, p. 998), as amended, so as to change the title of a member of the Board of Trustees; 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 Act Creating the Public School Employees Retirement System, approved April 30, 1969 (Ga. Laws 1969, p. 998), as amended, is hereby amended by striking the words Executive Secretary where the same first appear in subsection (a) of Section 11 and inserting in lieu thereof the word Director, so that when so amended said subsection (a) shall read as follows: (a) There is hereby created the Public School Employees Retirement Fund which shall be administered by the Board of Trustees. The Board of Trustees shall be composed of all members of the Board of Trustees of the Employees' Retirement System of Georgia and three additional ex-officio members who shall be the Director of the Georgia School Bus Drivers Association, the Executive Secretary of the Association of Maintenance and Operation Personnel for Schools, and the President of the Georgia School Foods Service Association. 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 7, 1981.
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UNIFORM COMMERCIAL CODE AMENDED. Code Section 109A-1-201 Amended. No. 481 (House Bill No. 101). AN ACT To amend Code Title 109A, known as the Uniform Commercial Code, as amended, so as to redefine the term public sale; to renumber such definition; to provide for exceptions; to provide for statement of purpose; 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 an amendment to Code Section 109A-1-201, the definition section of the Uniform Commercial Code, added a definition of the term public sale to the Uniform Commercial Code. This term was not defined by the drafters of the Uniform Commercial Code but is purely a Georgia definition added to the Uniform Commercial Code by an Act approved March 22, 1963 (Ga. Laws 1963, p. 188). The General Assembly further finds that the advertising requirements contained within the definition public sale are in direct conflict with other provisions of the Uniform Commercial Code. Therefore, it is the purpose of this Act to reconcile such inconsistencies within the Uniform Commercial Code as adopted in the State of Georgia. Section 2 . Code Title 109A, known as the Uniform Commercial Code, as amended, is hereby amended by striking from Code Section 109A-1-201 the following: (31A) `Public Sale' means a sale of which notice is given by advertisement once a week for two weeks in a newspaper in which sheriffs' advertisements are published in the county where the sale is to be held, which shall state the day and hour, between 10:00 o'clock A. M. and 4:00 P. M., and place of sale, and shall briefly identify the goods to be sold. The sale shall be held at a place reasonably available to persons who might desire to attend and submit bids, and those attending shall be given opportunity to bid on a competitive basis, and the sale if made shall be made to the highest and best bidder. The provisions hereof shall not be in derogation of any additional requirements
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relating to notice of and conduct of any such public sale as may be contained in other provisions of this Code, but shall be supplementary thereto., and inserting in lieu thereof the following: (31.1) `Public sale' means a sale: (A) Held at a place reasonably available to persons who might desire to attend and submit bids; and (B) At which those attending shall be given the opportunity to bid on a competitive basis; and (C) At which the sale, if made, shall be made to the highest and best bidder; and (D) Except as otherwise provided in this title for advertising or dispensing with the advertising of public sales, of which notice is given by advertisement once a week for two weeks in the newspaper in which the sheriff's advertisements are published in the county where the sale is to be held, and which notice shall state the day and hour, between 10:00 A.M. and 4:00 P.M., and the place of sale and shall briefly identify the goods to be sold. The provisions of this paragraph shall not be in derogation of any additional requirements relating to notice of and conduct of any such public sale as may be contained in other provisions of this Code but shall be supplementary thereto. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981.
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ACT PROHIBITING UNJUST DISCRIMINATION IN EMPLOYMENT BECAUSE OF AGE AMENDED. No. 482 (House Bill No. 102). AN ACT To amend an Act prohibiting unjust discrimination in employment because of age, approved April 5, 1971 (Ga. Laws 1971, p. 384), so as to change the upper age limit of said provision; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act prohibiting unjust discrimination in employment because of age, approved April 5, 1971 (Ga. Laws 1971, p. 384), is hereby amended by striking Section 1 and inserting in lieu thereof the following new Section 1: Section 1. No person, firm, association or corporation, carrying on or conducting within this State, any business requiring the employment of labor, shall refuse to hire, employ, or license, or bar or discharge from employment, any individual between the ages of forty and seventy years, solely and upon the ground of age; when the reasonable demands of the position do not require such an age distinction; provided that such individual is well versed in the line of business carried on by such person, persons, firm, association or corporation, and is qualified physically, mentally and by training and experience to satisfactorily perform the labor assigned to him or for which he applies. Nothing herein shall affect the retirement policy or system of any employer where such policy or system is not merely a subterfuge to evade the purposes of this Act. When the retirement or insurance benefit program of any employer shall prohibit the employment of any person because of excessive age, such person shall have the authority, as a condition of employment, to waive the right to participate in any such program and receive any benefits therefrom. Nothing in this Act shall be construed to prohibit compulsory retirement of any employee who has attained 65 years of age but not 70 years of age and who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policy-making position, if such employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan, or any combination of such
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plans, of the employer of such employee, which equals, in the aggregate, at least $27,000.00. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. LAWSUITS AGAINST THE STATE DIVISION OF CONSERVATION. No. 483 (House Bill No. 103). AN ACT To amend an Act abolishing the Department of Natural Resources and creating a State Division of Conservation, approved February 19, 1943 (Ga. Laws 1943, p. 180), so as to repeal the provisions relating to suits against the State Division of Conservation or any of the departments thereunder and 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 abolishing the Department of Natural Resources and creating a State Division of Conservation, approved February 19, 1943 (Ga. Laws 1943, p. 180), is hereby amended by striking Section 8, which reads as follows: Section 8. Any laws now existing or hereafter enacted by the General Assembly permitting the Executive Department of Georgia to be sued or vouched into court without specific consent of the State, shall not apply to the Division of Conservation or any of the Departments hereunder, unless such law shall specifically so provide., in its entirety.
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. EXECUTIVE REORGANIZATION ACT OF 1972 AMENDEDSOUTHEASTERN INTERSTATE FOREST FIRE PROTECTION COMPACT. No. 484 (House Bill No. 104). 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 provide that the

director of the Georgia Forestry Commission, rather than the commissioner of Natural Resources or his designated representative, shall be the compact administrator for the State of Georgia to the Southeastern Interstate Forest Fire Protection Compact; 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 from Section 1533 the following: The Commissioner or his designated representative shall be the Compact Administrator for the State of Georgia to the Southeastern Interstate Forest Fire Protection Compact, Ga. L. 1953, Nov.-Dec. Sess., p. 49., so that when so amended said section shall read as follows: Section 1533. Compact Representation - Designation. The commissioner or his designated representative shall represent the
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state in the Interstate Environmental Compact, Ga. Laws 1971, p. 194. The commissioner or his designated representative shall be a commissioner to the Atlantic States Marine Fisheries Commission, Ga. Laws 1955, p. 483. Section 2. Said Act is further amended by inserting following Section 1533 a new Section 1533.1 to read as follows: Section 1533.1. Compact representative, Southeastern Interstate Forest Fire Protection Compact. The director of the Georgia Forestry Commission shall be the compact administrator for the State of Georgia to the Southeastern Interstate Forest Fire Compact, Ga. Laws 1953, Nov.-Dec. Sess., p. 49. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. MASTER AND SERVANTPAYMENT OPERATES AS RELEASE, ETC. Code Title 66 Amended. No. 485 (House Bill No. 109). AN ACT To amend Code Title 66, relating to master and servant, as amended, so as to change the provisions of Code Section 66-105, relating to the release of claims upon payment of wages to survivors of deceased employees; to repeal Code Section 66-9910, relating to criminal negligence of railroad employees; 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 66, relating to master and servant, as amended, is hereby amended by inserting after the words railroad company or other corporation in Code Section 66-105, relating to the release of claims upon payment of wages to survivors of deceased employees, the following: or person, so that when so amended Code Section 66-105 shall read as follows: 66-105. Payment operates as release. The paying over of the fund under the preceding Code sections shall operate as a release from all claims to said fund or against said railroad company or other corporation or person by the estate of said employee or creditor thereof, or the claims of the widow or minor child or children, or the guardian thereof. Section 2 . Said Code Title is further amended by striking Code Section 66-9910, relating to criminal negligence of railroad employees, in its entirety. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. GEORGIA INSURANCE CODE AMENDEDACCIDENT AND SICKNESS POLICIES. Code Title 56 Amended. No. 486 (House Bill No. 124). AN ACT To amend Code Title 56, relating to the Georgia Insurance Code, as amended, so as to require that certain accident and sickness
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policies and plans provide conversion privileges for insured surviving spouses or 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, as amended, is hereby amended by striking Code Section 56-3004.1, relating to conversion privileges for insured former spouses, in its entirety and inserting in lieu thereof a new Code Section 56-3004.1 to read as follows: 56-3004.1. Conversion privileges for insured surviving or 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 the death of the insured or 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 death of the insured or divorce shall contain a provision to the effect that, upon the death of the insured or the entry of a valid decree of divorce between the insured parties, the surviving or 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, a nongroup policy of accident and sickness insurance, either individual or family,

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 death or divorce or any other similar nongroup policy, either individual or family, then being issued by the insurer which contains lesser coverage. Any and all probationary or waiting periods set forth in such a nongroup policy, either individual or family, shall be considered as being met to the extent coverage was in force under the prior policy.
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(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 striking Code Section 56-3102.1, relating to conversion privileges for insured former spouses, and inserting in lieu thereof a new Code Section 56-3102.1 to read as follows: 56-3102.1. Conversion privileges for insured surviving or 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 the death of the insured or 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 death of the insured or divorce shall contain a provision to the effect that, upon the death of the insured or the entry of a valid decree of divorce between the insured parties, the surviving or 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, a nongroup policy of accident and sickness insurance, either individual or family, 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 death or divorce or any other similar nongroup policy, either individual or family, then being issued by the insurer which contains lesser coverage. Any and all probationary or waiting periods set forth in such a nongroup policy, either individual or family, shall be considered as being met to the extent coverage was in force under the prior policy.
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(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 issued, delivered, or renewed in this state on or after July 1, 1981. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. EDUCATIONRESIGNATION OF COUNTY BOARD MEMBERS AND COUNTY SUPERINTENDENTS. Code Section 32-906 Amended. No. 487 (House Bill No. 126). AN ACT To amend Code Section 32-906, relating to the resignation of members of county boards of education and the resignation of a county superintendent of schools, so as to provide for the submission of such resignations to the county boards of education rather than to the State Superintendent of Schools; 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 32-906, relating to the resignation of members of county boards of education and the resignation of a county superintendent of schools, is hereby amended by striking said
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Code section in its entirety and substituting in lieu thereof a new Code Section 32-906 to read as follows: 32-906. Resignation. When any member of a county board of education or a county superintendent of schools resigns, his resignation shall be tendered in writing to the county board of education. 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 7, 1981. MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDED. No. 488 (House Bill No. 128). 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 define certain terms; to require certain acts by registered owners and the commissioner upon scrapping, dismantling, or destroying motor vehicles; to require salvage certificates of title for certain salvage motor vehicles; to require certificates of title for rebuilt motor vehicles; to require the inspection of certain rebuilt motor vehicles by the Georgia Bureau of Investigation prior to the issuance of

certificates of title for said vehicles; to provide for fees for inspections of rebuilt motor vehicles; to authorize the director of investigation to employ additional personnel; to provide for penalties for violations; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1 . 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 adding at the end of Section 2 of said Act the following: (p) `Salvage motor vehicle' means any motor vehicle which either: (1) Has been damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts; or (2) Has been acquired by an insurance company as the result of the vehicle being damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts and for which the insurance company has paid a total loss claim for that reason; or (3) Is an imported motor vehicle which has been damaged in shipment and disclaimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title. (q) `Rebuilt motor vehicle' means any motor vehicle which has been damaged and subsequently restored to an operable condition by the replacement of two or more major component parts. (r) `Major component part' means any one of the following subassemblies of a motor vehicle: (1) Front clip assembly (fenders, grille, hood, and bumper), (2) Rear clip assembly (quarter panels, floor panel assembly), (3) Engine and transmission, or (4) Top assembly, with the exception of soft tops. Section 2 . Said Act is further amended by striking Section 20 in its entirety and inserting in lieu thereof a new Section 20 to read as follows:
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Section 20. Cancellation of certificates of title for scrapped, dismantled, or demolished motor vehicles; penalty; certificate of title for salvage motor vehicles. (a) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any motor vehicle as scrap metal or parts only, or who scraps, dismantles, or demolishes a motor vehicle shall within 72 hours mail or deliver the certificate to the commissioner for cancellation. (b) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce the provisions of the section or of any orders, rules, and regulations promulgated pursuant thereto, after a hearing, may issue an administrative fine not to exceed $1,000.00 for each violation whenever the commissioner, after a hearing, determines that any person has violated any provisions of this section, or any regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under the `Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with the `Georgia Administrative Procedure Act.' All fines recovered as herein provided shall be paid into the state treasury. The commissioner may file in the superior court 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 of the commissioner unappealed from, or of a final order of the commissioner affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and 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. The penalty prescribed in this section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this section and any order, rules, or regulations promulgated pursuant thereto. (c) Any person, firm, or corporation who purchases or otherwise acquires a salvage motor vehicle as defined in Section 2 of this Act shall apply to the commissioner for a salvage certificate of title for such motor vehicle within 15 days of the purchase or acquisition of
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the motor vehicle or within 15 days of the payment of a total loss claim to the registered owner of the salvage motor vehicle if the person, firm, or corporation intends to operate or to sell the motor vehicle. (d) The application for a salvage certificate of title shall be made in a manner to be prescribed by the commissioner. (e) Any certificate of title which is issued to a salvage motor vehicle as provided in this subsection shall contain the word `Salvage' on the face of the certificate in such a manner as the commissioner may prescribe so as to indicate clearly that the motor vehicle described is a salvage motor vehicle. Section 3. Said Act is further amended by adding two new sections between Section 20 and Section 21, to be designated Section 20.1 and Section 20.2, to read as follows: Section 20.1. Certificate of title for

rebuilt motor vehicles; inspection of rebuilt motor vehicles prior to issuance of certificate of title. (a) Upon the receipt of an application for a certificate of title for a rebuilt motor vehicle as defined in Section 2 of this Act, the commissioner shall immediately notify the Georgia Bureau of Investigation of said application. (b) (1) Upon receipt of notification from the commissioner, the Georgia Bureau of Investigation shall promptly inspect each rebuilt motor vehicle prior to the issuance of a certificate of title for said motor vehicle. The inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components used to rebuild the motor vehicle, and verification that the motor vehicle conforms to all safety equipment standards and has a valid safety inspection sticker as required by law. The Georgia Bureau of Investigation shall be authorized to charge an inspection fee of $50.00 for each rebuilt motor vehicle inspected. In the event a third inspection or subsequent inspections are required for any one rebuilt motor vehicle under this section, the Georgia Bureau of Investigation shall be authorized to charge a fee of $50.00 for the third inspection and each subsequent inspection of such rebuilt motor vehicle. The Georgia Bureau of Investigation shall promptly notify the commissioner of the results of each inspection.
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(2) If, upon inspection by the Georgia Bureau of Investigation, it is determined that the rebuilt motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached. (c) Any certificate of title which is issued to a rebuilt motor vehicle shall contain the word `Rebuilt' on the face of said certificate of title in such a manner as the commissioner shall prescribe so as to indicate clearly that the motor vehicle described is a rebuilt motor vehicle. (d) Any person, firm, or corporation who rebuilds a motor vehicle or salvage motor vehicle by the replacement of two or more major component parts shall be required to obtain a certificate of title marked `Rebuilt' for said motor vehicle prior to any sale or transfer of said motor vehicle. Section 20.2. Duty of the Georgia Bureau of Investigation to inspect certain rebuilt motor vehicles; authorization for the director of the Georgia Bureau of Investigation to hire additional personnel. It shall be the duty of the Georgia Bureau of Investigation to inspect certain rebuilt motor vehicles prior to the issuance of certificates of title for such motor vehicles. The director of investigation is hereby authorized to employ such persons as he shall deem necessary to carry out the provisions of this section. Section 4. The legend Rebuilt or Salvage shall only be placed on the Certificate of Title to a vehicle which was rebuilt after being declared a salvage vehicle on or after July 1, 1979. Section 5. This Act shall become effective on January 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981.
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MOTOR VEHICLESCRIMES RELATING TO ODOMETER READINGS, ETC. No. 489 (House Bill No. 129). AN ACT To amend an Act making unlawful certain acts in connection with motor vehicle odometer readings, approved April 18, 1975 (Ga. Laws 1975, p. 754), as amended by an Act approved April 1, 1977 (Ga. Laws 1977, p. 1227), so as to make it unlawful for any person to advertise for sale, sell, use, install, or have installed any device which causes an odometer to register any mileage other than the actual mileage driven; to make it unlawful to conspire with any other person to violate any provision of said Act; to provide for civil liability of any person who violates any provision of said Act; to authorize the Attorney General, any district attorney in this state, or any solicitor in this state to bring an action to restrain violations of said Act; to provide for procedures 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 making unlawful certain acts in connection with motor vehicle odometer readings, approved April 18, 1975 (Ga. Laws 1975, p. 754), as amended by an Act approved April 1, 1977 (Ga. Laws 1977, p. 1227), is hereby amended by adding at the end of Section 1 of said Act four new subsections, to be designated subsections (e), (f), (g), and (h), to read as follows: (e) It shall be unlawful for any person to advertise for sale, to sell, to use, to install, or to have installed any device which causes an odometer to register any mileage other than the actual mileage driven. For the purposes of this subsection, the actual mileage driven is that mileage driven by the vehicle as registered by the odometer within the manufacturer's designed tolerance. (f) It shall be unlawful for any person to conspire with any other person to violate any provision of this section. (g) (1) In addition to any other penalty provided by law, any person who, with intent to defraud, violates any provision of this section shall be liable in an amount equal to the sum of:
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(A) Three times the amount of actual damages sustained or $1,500.00, whichever is greater; and (B) In the case of any successful action to enforce the foregoing liability, the costs of the action together with reasonable attorney fees as determined by the court. (2) Any action to enforce any liability created under this subsection may be brought in any

superior court or state court having proper jurisdiction, within two years from the date on which the liability arises. (h) (1) If any person violates any provision of this section, the Attorney General, any district attorney in this state, or any solicitor in this state may bring an action in any superior court or state court having proper jurisdiction to restrain such violation. (2) Any action arising under paragraph (1) of this subsection maybe brought within two years from the date of the violation., so that when so amended Section 1 of said Act shall read as follows: Section 1. (a) It shall be unlawful for any person knowingly to tamper with, adjust, alter, change, set back, disconnect, or fail to connect, an odometer of a motor vehicle, or to cause any of the foregoing to occur to an odometer of a motor vehicle, so as to reflect a lower mileage than the motor vehicle has actually been driven, except as hereinafter provided. (b) It shall be unlawful for any person knowingly to bring into this state a motor vehicle which reflects a lower mileage than the motor vehicle actually has been driven due to any illegal acts outlined in subsection (a). (c) It shall be unlawful for any person knowingly to sell or attempt to sell a motor vehicle which reflects a lower mileage than the motor vehicle actually has been driven due to any illegal acts outlined in subsection (a). (d) The provisions of subsections (a), (b), and (c) shall not apply to the disconnection of the odometer used for registering the mileage or use of new motor vehicles being tested by the manufacturer prior to delivery to a franchised dealer.
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(e) It shall be unlawful for any person to advertise for sale, to sell, to use, to install, or to have installed any device which causes an odometer to register any mileage other than the actual mileage driven. For the purposes of this subsection, the actual mileage driven is that mileage driven by the vehicle as registered by the odometer within the manufacturer's designed tolerance. (f) It shall be unlawful for any person to conspire with any other person to violate any provision of this section. (g) (1) In addition to any other penalty provided by law, any person who, with intent to defraud, violates any provision of this section shall be liable in an amount equal to the sum of: (A) Three times the amount of actual damages sustained or $1,500.00, whichever is greater; and (B) In the case of any successful action to enforce the foregoing liability, the costs of the action together with reasonable attorney fees as determined by the court. (2) Any action to enforce any liability created under this subsection may be brought in any superior court or state court having proper jurisdiction, within two years from the date on which the liability arises. (h) (1) If any person violates any provision of this section, the Attorney General, any district attorney in this state, or any solicitor in this state may bring an action in any superior court or state court having proper jurisdiction to restrain such violation. (2) Any action arising under paragraph (1) of this subsection may be brought within two years from the date of the violation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981.
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JURIESALTERNATIVE PROVISIONS FOR EXEMPTIONS. Code Section 59-112.1 Enacted. No. 490 (House Bill No. 149). AN ACT To amend Code Chapter 59-1, relating to juries in general, as amended, so as to provide alternative procedures for exemption of certain persons from jury duty in counties which use electronic or mechanical means for the selection of jurors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 59-1, relating to juries in general, as amended, is hereby amended by adding following Code Section 59-112 a new Code Section 59-112.1 to read as follows: 59-112.1. Alternative provision for exemptions from jury duty. (a) In any county for which a plan for the selection of jurors by electronic or mechanical means has been established pursuant to Code Section 59-108, the chief judge of the county's superior court may by rule direct that the provisions of this Code section shall apply to the county in lieu of the provisions of subsections (a), (d), and (e) of Code Section 59-112. (b) The names of the following persons shall remain on the jury list but they may exempt themselves from all jury duty, civil or criminal, upon written request to the clerk of the court: (1) Police and other law enforcement officers employed or appointed on a full-time basis, but not part-time or honorary peace offices; (2) Officers and personnel of any court employed or appointed on a full-time basis, including attorneys at law who are active members of the State Bar of Georgia and regularly engaged in the practice of law in this state;
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(3) Officers, firemen, and other personnel of any fire department employed or appointed on a full-time basis, except that exemption hereunder shall also apply to those members of a volunteer fire department, certified to the board of jury commissioners by the administrative head thereof as indispensable to the effective operation of such department; (4) Physicians, surgeons, medical interns, and medical technicians actively engaged as such, except that exemption hereunder

shall also apply to other personnel of a hospital certified to the board of jury commissioners by the administrative head thereof as indispensable to the effective operation of such hospital; (5) Dentists and pharmacists, duly licensed, who are actively engaged in the practice of their profession; (6) Teachers and principals of this state; and (7) Persons 65 years of age or older. (c) Each summons to jury duty shall contain or be accompanied by a notice setting out the provisions of subsection (b) 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 April 7, 1981.
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COUNTIES AND MUNICIPALITIESTAXATION OF WRECKER SERVICES. No. 492 (House Bill No. 169). AN ACT To prohibit counties or municipalities from imposing certain business license fees or occupational taxes; to provide a definition; to provide for other regulations; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. As used in this Act, wrecker service shall mean any person, firm, partnership, or corporation which is engaged solely or partially in the business of towing wrecked or disabled vehicles. Section 2. (a) No county which is authorized to impose a business license fee or occupational tax shall impose any such fee or tax on any wrecker service unless (1) the wrecker service maintains its principal or any branch office within the unincorporated area of such county or (2) the wrecker service generates 50 percent of its gross income from business within the unincorporated area of such county. (b) No municipality which is authorized to impose a business license fee or occupational tax shall impose any such fee or tax on any wrecker service unless (1) the wrecker service maintains its principal or any branch office within the incorporated area of such municipality of (2) the wrecker service generates 50 percent of its gross income from business within the incorporated area of such municipality. Section 3. The provisions of Section 2 shall not prohibit counties or municipalities from enacting otherwise valid ordinances which regulate the manner in which wrecker services shall operate within their jurisdictions.
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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. LIMITATION OF ACTIONS FOR TORTS AGAINST LAW ENFORCEMENT OFFICERS. Code Section 3-1004.3 Enacted. No. 493 (House Bill No. 181). AN ACT To amend Code Chapter 3-10, relating to limitation of actions for torts, as amended, so as to limit the liability of law enforcement officers under certain circumstances; 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 Chapter 3-10, relating to limitation of actions for torts, as amended, is hereby amended by adding a new Code section, to be designated Code Section 3-1004.3, to read as follows: 3-1004.3. Law enforcement officers, limitation of liability. A law enforcement officer shall not be liable at law for any action or actions done while performing any duty at the scene of an emergency except for gross negligence, willful or wanton misconduct, or malfeasance. `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.
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. GEORGIA STATE WAREHOUSE ACT AMENDEDWAREHOUSE RECEIPTS. No. 494 (House Bill No. 184). AN ACT To amend an Act known as the Georgia State Warehouse Act, approved December 22, 1953 (Ga. Laws 1953, Nov.Dec. Sess., p. 412), as amended by an Act approved February 23, 1955 (Ga. Laws 1955, p. 261), an Act approved March 9, 1956 (Ga. Laws 1956, p. 688), an Act approved March 17, 1959 (Ga. Laws 1959, p. 246), and an Act approved March 11, 1977 (Ga. Laws 1977, p. 289), so as to allow warehouse receipts to be issued at the option of the warehousemen, unless otherwise required by law or rule or regulation; 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 Warehouse Act, approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 412), as amended by an Act approved February 23, 1955 (Ga. Laws 1955, p. 261), an Act approved March 9, 1956 (Ga. Laws 1956, p. 688), an Act approved March 17, 1959 (Ga. Laws 1959, p. 246), and an Act approved March 11, 1977 (Ga. Laws 1977, p. 289), is hereby amended by striking subsection (a) of Section 12 which reads as follows: (a) For all agricultural products stored by

warehousemen under this Act, original receipt shall be issued promptly by the warehouse, but no receipt shall be issued except for agricultural products actually stored in the warehouse at the time of the issuance thereof.,
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in its entirety and inserting in lieu thereof a new subsection (a) of Section 12 to read as follows: (a) Unless otherwise required by law or by rule or regulation, an original receipt shall, at the option of the warehousemen or depositor, be issued for any agricultural products owned or stored by the warehousemen under the provisions of this Act. No receipt shall be issued, however, unless such products are actually stored in the warehouse at the time of the issuance of the receipt. The stored agricultural product will remain the property of the depositor until it is transferred or sold by him. 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 7, 1981. GEORGIA MEAT INSPECTION ACT AMENDED. No. 495 (House Bill No. 185). AN ACT To amend the Georgia Meat Inspection Act, approved April 30, 1969 (Ga. Laws 1969, p. 1028), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 453), so as to provide for inspection of methods of slaughtering and handling of livestock for the purpose of preventing inhumane slaughtering and handling; to prohibit inhumane slaughtering and handling; to prescribe humane methods of slaughtering and handling; to authorize the Commissioner of Agriculture to designate other humane methods of slaughtering and handling; 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. The Georgia Meat Inspection Act, approved April 30, 1969 (Ga. Laws 1969, p. 1028), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 453), is hereby amended by striking in its entirety Section 3 and inserting in lieu thereof a new Section 3 to read as follows: Section 3. (a) For the purpose of preventing the use in commerce, as hereinafter provided, of meat food products which are adulterated, the Commissioner shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all cattle, sheep, swine, rabbits, goats, horses, mules, and other equines before they shall be allowed to enter into any slaughtering, packing, meat-canning, rendering, or similar establishment in this State in which slaughtering and preparation of meat and meat food products of such animals are conducted for commerce; and all cattle, sheep, swine, rabbits, goats, horses, mules, and other equines found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other cattle, sheep, swine, rabbits, goats, horses, mules or other equines, and when so slaughtered, the carcasses of said cattle, sheep, swine, rabbits, goats, horses, mules, or other equines shall be subject to a careful examination and inspection, all as provided by the rules and regulations to be promulgated by the Commissioner as herein provided for. (b) For the purpose of preventing the inhumane slaughtering of livestock, the Commissioner shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of the method by which cattle, sheep, swine, rabbits, goats, horses, mules, and other equines are slaughtered and handled in connection with slaughter in the slaughtering establishments inspected under this Act. The Commissioner may refuse to provide inspection to a new slaughtering establishment or may cause inspection to be suspended temporarily at a slaughtering establishment if the Commissioner finds that any cattle, sheep, swine, rabbits, goats, horses, mules, or other equines have been slaughtered or handled in connection with slaughter at such establishment by any method not in accordance with Sections 10(b) and 10.1 of this Act until the establishment furnishes assurances satisfactory to the Commissioner that all slaughtering and handling in connection with slaughter of livestock shall be in accordance with such a method.
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Section 2. Said Act is further amended by striking in its entirety Section 10 and inserting in lieu thereof a new Section 10 to read as follows: Section 10. No person, firm, or corporation shall, with respect to any cattle, sheep, swine, rabbits, goats, horses, mules, or other equines, or any carcasses, parts of carcasses, meat or meat food products of any such animals: (a) Slaughter any such animals or prepare any such articles which are capable of use as human food, at any establishment preparing such articles for commerce except in compliance with the requirements of this Act. (b) Slaughter or handle in connection with slaughter any such animals in any manner not declared to be humane under Section 10.1 of this Act. (c) Sell, transport, offer for sale or transportation, or receive for transportation, in commerce, (1) any such articles which (A) are capable of use as human food, and (B) are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or (2) any articles required to be inspected under this Part unless they have been so inspected and passed. (d) Do, with respect to any such articles which

are capable of use as human food, any act while they are being transported in commerce or held for sale after such transportation, which is intended to cause or has the effect of causing such articles to be adulterated or misbranded. Section 3. Said Act is further amended by adding following Section 10 a new Section 10.1 to read as follows: Section 10.1. (a) For purposes of this Act the following methods of slaughtering and handling are declared to be humane: (1) In the case of cattle, calves, horses, mules, sheep, swine, rabbits, and other livestock, all animals are rendered insensible to pain by a single blow or gunshot or an electrical, chemical, or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut; or
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(2) By slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument and handling in connection with such slaughtering. (b) In addition to the methods prescribed in subsection (a), the Commissioner may designate as humane any methods of slaughtering and handling which have been so designated by the United States Secretary of Agriculture on or before the effective date of this Section pursuant to United States Code Section 7-1904. The Commissioner is further authorized to designate as humane other methods of slaughtering and handling which have been demonstrated by research, investigation, and experimentation to be humane with reference to the speed and scope of slaughtering operations and with reference to other existing methods and then current scientific knowledge. 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 7, 1981. PROPOSED AMENDMENTS TO THE CONSTITUTIONSUMMARIES OF GENERAL AMENDMENTS. No. 496 (House Bill No. 186). AN ACT To provide for printing a supply of a summary of proposed general amendments to the Constitution for distribution to interested citizens; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1 . (a) The summary of general amendments to the Constitution prepared by the Attorney General, the Legislative Counsel, and the Secretary of State pursuant to Article XII, Section I, Paragraph I of the Constitution shall be printed by the Secretary of State in sufficient quantity to make available a copy of such summary to any interested citizen requesting a copy. In preparing the summary provided by said provision of the Constitution, the Attorney General, Legislative Counsel, and Secretary of State shall provide an explanation of each proposed general amendment to the Constitution in language free of legalistic and technical terms to the end that said summary may be read and understood by the majority of citizens of this state. (b) The Secretary of State shall cause a supply of such summary to be printed as soon as practicable after such summary has been prepared. The quantity of such supply shall be at the discretion of the Secretary of State. Immediately after receiving a supply of the printed summary, the Secretary of State shall prepare a press release stating that a summary of proposed general amendments to the Constitution is available for distribution to interested citizens and advising such citizens of the method or methods by which a copy of such summary may be obtained. The Secretary of State shall distribute such press release to print and broadcast media throughout the state and actively seek the cooperation of the media in publicizing the fact that a summary of proposed general amendments to the Constitution is available to interested citizens and encouraging citizens to obtain a copy of such summary. The Secretary of State shall reissue, at his discretion, such press release from time to time up to the date of the general election at which the proposed general amendments to the Constitution shall be submitted to the electorate for approval or rejection. (c) The Secretary of State shall send a supply of the printed summary of proposed general amendments to the Constitution to the superintendent of elections of each county. The press release provided by subsection (b) of this section shall state that the summary is available at the office of each election superintendent, and each election superintendent shall distribute such summary, as available in the discretion of the Secretary of State, to any interested citizen on request. Such press release shall also state that such summary may be obtained by mail and shall advise citizens how a copy may be so
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obtained. The Secretary of State shall be authorized to use any additional methods for the distribution of such summary as said officer may deem necessary to achieve the most effective distribution of such summary to all interested citizens. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981.

DEFERRED COMPENSATION PLAN FOR STATE EMPLOYEES TO COUNTIES, MUNICIPALITIES, ETC. No. 497 (House Bill No. 199). AN ACT To amend an Act authorizing the state or any county, municipality, or other political subdivision to defer an employee's compensation, approved March 18, 1974 (Ga. Laws 1974, p. 198), as amended by an Act approved April 12, 1979 (Ga. Laws 1979, p. 592), so as to extend the deferred compensation program for employees of the State of Georgia to permit inclusion of employees of the county boards of health; 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 state or any county, municipality, or other political subdivision to defer an employee's compensation, approved March 18, 1974 (Ga. Laws 1974, p. 198), as amended by an Act approved April 12, 1979 (Ga. Laws 1979, p. 592), is hereby amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The State Personnel Board shall administer the deferred compensation program for the employees of the State of
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Georgia. Employees of the county boards of health receiving financial assistance from the State Department of Human Resources may, with the approval of the State Personnel Board and the approval of such organizations, participate in the state plan. The State Personnel Board shall investigate and approve a deferred compensation plan which gives the employees of the State of Georgia income tax benefits in connection with such plans as authorized by the United States Internal Revenue Code, and so that compensation deferred under such plan shall not be included for purpose of computation of any Federal Income Tax withheld on behalf of any such employee, or payable by such employee before any deferred payment date. All contributions to the herein described deferred compensation plan shall also be exempt from state withholding tax as long as such contributions are not includable in gross income for federal income tax purposes. The governing body of a city, county, or other political subdivision may appoint an administrator for all deferred compensation plans, whose duties shall include the administration of the plan and the investigation and approval of the plan or plans. All such plans shall provide tax deferral benefits for the respective employees in a like manner to the plan for State of Georgia 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 April 7, 1981. FAMILY VIOLENCE SHELTERS. No. 498 (House Bill No. 203). AN ACT To provide for family violence shelters for the purpose of temporarily caring for persons who are subject to family violence; to define
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certain terms; to provide for the duties and functions of the Department of Human Resources; to provide minimum standards for and certification of family violence shelters; 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 term: (1) Family violence means the occurrence of one of the following acts between family or household members who reside together: (A) Attempting to cause or causing bodily injury or serious bodily injury with or without a deadly weapon; or (B) By physical menace, placing another in fear of imminent serious bodily injury. (2) Family or household members means spouses, parents and children, or other persons related by consanguinity or affinity and occupying a common domicile. (3) Department means the Department of Human Resources. (4) Family violence shelter means a facility certified by the department for the purpose of receiving on a temporary basis persons who are subject to family violence. Section 2. Duties and functions of the department. (a) It shall be the duty of the department: (1) To establish minimum standards for certifying family violence shelters to enable such shelters to receive state funds. (2) To receive applications for the development and establishment of family violence shelters. (3) To approve or reject each application within 60 days of receipt of the application.
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(4) To distribute funds to a certified shelter as funds become available. (5) To fund other programs aiding victims of family violence as funds become available, provided such programs meet standards established by the department. (6) To evaluate annually each family violence shelter for compliance with the minimum standards. (b) Without using designated shelter funds, the department may: (1) Formulate and conduct a research and evaluation program on family violence and cooperate with and assist and participate in programs of other properly qualified agencies, including any agency of the federal government, schools of medicine, hospitals, and clinics in planning and conducting research on the prevention, care, treatment, and rehabilitation of persons engaged in or subject to family violence. (2) Serve as a

clearinghouse for information relating to family violence. (3) Carry on educational programs on family violence for the benefit of the general public, persons engaged in or subject to family violence, professional persons, or others who care for or may be engaged in the care and treatment of persons engaged in or subject to family violence. (4) Enlist the assistance of public and voluntary health, education, welfare, and rehabilitation agencies in a concerted effort to prevent family violence and to treat persons engaged in or subject to family violence. (c) The department shall be authorized to adopt rules and regulations to implement and carry out the provisions of this Act. Section 3. Family violence shelters. (a) In order to be certified and funded under this Act, each shelter shall: (1) Provide a facility which will serve as a shelter to receive or house persons who are family violence victims.
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(2) Receive the periodic written endorsement of local law enforcement agencies. (3) Receive a minimum of 25 percent of its funding from other sources. Contributions in kind, whether materials, commodities, transportation, office space, other types of facilities, or personal services, may be evaluated and counted as part of the required local funding. (4) Be licensed as a personal care home by the Department, provided, however, that the Department may waive those rules which are not applicable. (b) The department shall provide procedures whereby local organizations may apply for certification and funding. Any local agency or organization may apply to participate. (c) Each approved family violence shelter shall be designated to serve as a temporary receiving facility for the admission of persons subject to family violence. Each shelter shall refer such persons and their spouses to any public or private facility, service, or program providing treatment or rehabilitation services, including, but not limited to, the prevention of such violence and the care, treatment, and rehabilitation of persons engaged in or subject to family violence. (d) Family violence shelters may be established throughout the state as private, local, state, or federal funds are available. (e) The family violence shelters shall establish procedures pursuant to which persons subject to family violence may seek admission to these shelters on a voluntary basis, with the exception of persons 17 years of age or younger who shall be admitted in accordance with Code Title 24A, the Juvenile Court Code of Georgia, or by the request of the parent. (f) Each family violence shelter shall have a board composed of at least three citizens, one of whom shall be a member of a local, municipal, or county law enforcement agency.
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Section 4. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDED. No. 499 (House Bill No. 205). 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, 1977 (Ga. Laws 1977, p. 997), so as to delete the requirement that the State Department of Education shall provide for a state director of Cooperative Education Service Agency 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 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, 1977 (Ga. Laws 1977, p. 997), is hereby amended by striking Section 2 of said amendatory Act approved March 24, 1977 (Ga. Laws 1977, p. 997) which reads as follows: Section 2. The State Department of Education shall provide for a State Director of CESA programs., in its entirety. 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 April 7, 1981. GEORGIA STATE SPEECH PATHOLOGY AND AUDIOLOGY LICENSING ACT AMENDED. No. 500 (House Bill No. 206). AN ACT To amend the Georgia State Speech Pathology and Audiology Licensing Act, approved March 26, 1974 (Ga. Laws 1974, p. 1009), as amended, particularly by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1474), so as to change the method of appointment of members of the Board of Examiners of Speech Pathology and Audiology; to continue the board and the laws relating thereto but to provide for the later termination of such board and laws; to change the allowances and expenses of the board; to change the expiration time for temporary licenses; to remove certain fee restrictions and authorize fee refunds; to authorize advertising; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Georgia State Speech Pathology and Audiology Licensing Act, approved March 26, 1974 (Ga. Laws 1974, p. 1009), as amended, particularly by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1474), is hereby amended by striking from the third sentence of subsection (b)

of Section 4 thereof the following: Each subsequent appointment shall be made from lists of names, and inserting in lieu thereof the following:
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Each subsequent appointment may be made from lists of names, so that when so amended said subsection shall read as follows: (b) Within ninety days after the effective date of this Act, the first Board shall be appointed by the Governor from a list of names of at least five speech pathologists and five audiologists submitted by the Georgia Speech and Hearing Association. Each otolaryngologist shall be appointed from a list of names of at least two otolaryngologists submitted by the Georgia Society of Otolaryngology. Each subsequent appointment may be made from lists of names of no less than two persons from recommendations submitted by the respective organizations. Section 2. Said Act is further amended by adding at the end of Section 4 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 Board of Examiners for Speech Pathology and Audiology and the laws relating thereto are hereby continued until July 1, 1987, 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 3. Said Act is further amended by striking from subsection (a) of Section 6 the following: In connection with such meetings, 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.,
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so that when so amended said subsection (a) shall read as follows: (a) The Board shall hold a regular annual meeting at which it shall elect from its membership a chairman and vice-chairman. The Board shall meet not less than once each year at a place, day and hour determined by the Board and not more than eight times per year as necessary. The Board may also meet at such other times as may be requested by the Joint Secretary or determined by the Board, but shall not be compensated therefor under this Act. Section 4. Said Act is further amended by adding at the end of Section 6 a new subsection (d) to read as follows: (d) 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. Such expense and travel allowance shall not be paid for meetings in excess of those authorized under subsection (a) of this Section. Section 5. Said Act is further amended by striking from subsection (b) of Section 10 the following: A temporary license will expire one year after the date of issuance and is not renewable., and inserting in lieu thereof the following: A temporary license shall expire upon the last date that results are published for the first examination given immediately following issuance of such license. For good cause, as determined by the Board, such expiring license may be extended for a period not to exceed six months., so that when so amended said subsection (b) shall read as follows:
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(b) The Board shall issue a temporary license to an applicant who meets all requirements for licensure except for passing the examination. A temporary license shall expire upon the last date that results are published for the first examination given immediately following issuance of such license. For good cause, as determined by the Board, such expiring license may be extended for a period not to exceed six months. After the expiration of the temporary license, the applicant may not engage in the practice of audiology or speech pathology unless all requirements for full licensure have been met. Section 6. Said Act is further amended by striking in its entirety Section 13 thereof which reads as follows: Section 13. Fees. An applicant who meets the requirements for licensure, as provided by this Act, and has paid the requisite fee shall be licensed by the Board as a speech pathologist and/or audiologist. The examination fee, licensing fee, renewal fee and inactive license fee shall be an amount fixed by the Board and Joint Secretary. Fees may not be refunded

to applicants or licensees under any circumstances. The Board may not fix a biennial license fee in excess of $100.00 and a biennial renewal fee in excess of $50.00., and inserting in lieu thereof a new Section 13 to read as follows: Section 13. Fees. An applicant who meets the requirements for licensure, as provided in this Act, and has paid the requisite fee shall be licensed by the Board as a speech pathologist, audiologist, or both. The examination fee, licensing fee, renewal fee, and inactive license fee shall be an amount fixed by the Board and Joint Secretary and may be refunded for good cause, as determined by the Board. Section 7. Said Act is further amended by inserting between Section 13 and 14 a new Section 13.1 to read as follows: Section 13.1. Advertising. Licensees shall be authorized to advertise their services, but such advertising shall be subject to regulation by the Board. Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
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Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. DISTRICT ATTORNEYSAPPOINTMENT OF SECRETARIES. No. 501 (House Bill No. 213). AN ACT To amend an Act fixing the salaries of judges of the superior courts, approved March 7, 1957 (Ga. Laws 1957, p. 273), as amended, particularly by an Act approved April 25, 1975 (Ga. Laws 1975, p. 1506), so as to change the provisions relating to secretaries for district attorneys; 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 fixing the salaries of judges of the superior courts, approved March 7, 1957 (Ga. Laws 1957, p. 273), as amended, particularly by an Act approved April 25, 1975 (Ga. Laws 1975, p. 1506), is hereby amended by striking Section 1C in its entirety and substituting in lieu thereof a new Section 1C to read as follows: Section 1C. (a) Each district attorney is hereby authorized to employ two legal secretaries. Each secretary so employed hall 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. (b) Secretaries appointed pursuant to this section shall serve at the pleasure of the district attorney and shall perform such duties and assignments as shall be prescribed by the district attorney.
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(c) The district attorney shall fix the annual salaries of each secretary at the rate of compensation established by the State Merit System of Personnel Administration for pay grades 16 through 22, but the compensation of any secretary employed on or before July 1, 1981, shall not be reduced. The district attorney shall be authorized, from time to time, to promote any such secretary to the next highest pay grade within the limits established by this subsection based upon merit and performance. The compensation herein provided shall be paid in equal monthly installments from state funds appropriated or otherwise available for the operation of the superior courts. (d) In addition to the salary paid as herein prescribed, any employer's contribution required by the Act of Congress, approved August 14, 1935 49 Stat. 620, known as the `Social Security Act', as the same may now or hereafter be amended, or by any regulations or requirements issued pursuant thereto, shall also be paid from funds appropriated or otherwise made available for the operation of the superior courts. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. DEPARTMENT OF LABORSUPPLEMENTAL APPROPRIATION. No. 502 (House Bill No. 217). AN ACT To provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Sections 9 and 13 of the Employment Security Law, as amended, of additional funds which are otherwise available to the Department of Labor of Georgia out of funds credited to and held in this State's account in the unemployment trust fund by the Secretary of the Treasury of the
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United States of America pursuant to Section 903 of the Social Security Act, as amended, for the purpose of providing for the payment of expenses of administration of the Employment Security Law, as amended, including personal services, operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings, suitable for use in this State by the Employment Security Agency in said Department of Labor, and for the payment of expenses incurred for the construction, maintenance, improvements, or repair of, or alterations to, such real or personal property; to authorize the Commissioner of Labor of Georgia to direct the obligation and expenditure of said funds and to employ workers, contract with persons, public and private agencies, corporations, and other entities, and to do all other things necessary to accomplish the purposes of this Act; to provide 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. There is hereby appropriated to the Department of Labor out of funds credited to and held in this State's account in the unemployment trust fund by the Secretary of the Treasury of the United States pursuant to and in accordance with Section 903 of the Social Security Act, as amended, an additional amount of $640,192.08. That of said additional amount, the sum of $640,192.08 is authorized to be allocated for expenses incurred in the administration of the Employment Security Law, as amended, including personal services, operating and other expenses incurred in the administration of said law, as well as for the purchase or rental, either or both, of improvements, repairs or alterations to and of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings, suitable for use in this State by the Employment Security Agency in said Department of Labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenance, improvements, repairs or alterations of and to such real or personal property. Provided, that the amount appropriated herein does not exceed the amount in the unemployment trust fund which may be obligated
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for expenditure for such purposes as provided in Section 9 of the Employment Security Law, as amended; and provided that the amount which may be obligated shall not exceed the limitations provided in Section 9(c)(3) of the Employment Security Law, as amended; and provided that said additional funds shall not be obligated for expenditure, as herein provided, after the close of the two-year period which begins on the date of enactment of this Act. Section 2. The Commissioner of Labor is authorized, pursuant to and in accordance with Section 903 of the Social Security Act, as amended, to requisition, and to direct the obligation and expenditure, for use in such locations in this State as he finds to be economical and desirable, such money as authorized in this Act and in Sections 9 and 13 of the Employment Security Law, as amended, and in the manner and for the purposes authorized in this Act, including personal services, operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings, suitable for use by the Employment Security Agency in said Department of Labor, for the payment of expenses incurred for the construction, maintenance, improvements, or repair of, or alterations to, such real or personal property, to employ workers, contract with persons, public and private agencies, corporations, and other entities, to allocate any unexpended amounts herein appropriated, and to do all other things necessary to accomplish the purposes of this Act. The acquisition of any real or personal property, and the expenditure of any funds appropriated herein, shall be in accordance with this State's applicable laws existing on the effective date of this Act. Section 3. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application. 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 April 7, 1981. YOUTHFUL OFFENDER ACT AMENDEDCONSECUTIVE MISDEMEANOR SENTENCES. No. 503 (House Bill No. 219). AN ACT To amend an Act known as the Youthful Offender Act, approved March 28, 1972 (Ga. Laws 1972, p. 592), as amended, particularly by an Act approved April 18, 1975 (Ga. Laws 1975, p. 900), so as to provide for the appropriate treatment of those previously sentenced under this Act who receive subsequent consecutive misdemeanor sentences; 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 Youthful Offender Act, approved March 28, 1972 (Ga. Laws 1972, p. 592), as amended, particularly by an Act approved April 18, 1975 (Ga. Laws 1975, p. 900), is hereby amended by adding after the words he receives in subsection (c) of Section 15 the following: a consecutive misdemeanor sentence or, so that when so amended subsection (c) of Section 15 shall read as follows: (c) One who has been sentenced under this Act shall lose his status as a `youthful offender' and will no longer be eligible for conditional or unconditional release, but will only be eligible for pardon, parole, or remission of sentence in the same manner as one
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who was not sentenced under this Act, if at any time while serving a sentence under this Act, either in the custody of the Division or on conditional release, he receives a consecutive misdemeanor sentence or a second felony sentence, either concurrent or consecutive, which the sentencing court did not elect to impose under 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 April 7, 1981. HANDICAPPED PARKING LAW AMENDED. Code Chapter 68A-10 Amended. No. 504 (House Bill No. 221). AN ACT To amend subchapter B, known as the Handicapped Parking Law, of Code Chapter 68A-10, relating to stopping, standing, and parking of motor vehicles, so as to provide for definitions; to provide for institutional permits for handicapped parking; to provide an alternative method of displaying the permit; to provide for the use of disabled veterans and disabled persons license plates in lieu of handicapped parking permits; to eliminate fees for handicapped parking permits and provide for the issuance of permits without charge; to change the penalty for certain violations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Subchapter B, known as the Handicapped Parking Law, of Code Chapter 68A-10, relating to stopping, standing, and
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parking of motor vehicles, is hereby amended by striking paragraph (2) of Code Section 68A-1021 in its entirety and inserting in lieu thereof new paragraphs (2) and (2.1) to read as follows: (2) `Handicapped person' means a person who by reason of illness, injury, age, congenital malfunction, or other incapacity or disability has a significant loss or impairment of mobility. (2.1) `Institution' means an institution for which a permit or conditional permit may be issued under Code Section 88-1901, as now or hereafter amended. Section 2. Said subchapter is further amended by striking Code Section 68A-1022 in its entirety and inserting in lieu thereof a new Code Section 68A-1022 to read as follows: 68A-1022. Permits. (a) The department shall issue handicapped parking permits at every place where it issues drivers' 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 or affixed to the dashboard or hung from the rearview mirror of the parked vehicle. 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. Permits shall also be issued to institutions when the primary purpose of a vehicle operated by the institution is to transport handicapped individuals. The name of the institution and the license number of the particular vehicle shall appear on the permit. The institution may use such permit only for a vehicle operated by the institution which is used primarily to transport handicapped individuals. (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.
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(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 department shall also issue a permanent permit to an institution which operates vehicles used primarily for the transportation of handicapped individuals upon presentation of a certification from the institution regarding use of its vehicles. The institution shall receive permits only for the number of vehicles so used and shall affix the permits to the dashboards of said vehicles. The permanent permit shall show prominently on its face an expiration date four years from the date issued. (d) An individual to whom a specially designated disabled veterans license plate has been issued pursuant to an Act providing for the issuance of automobile license tags to disabled veterans, approved February 27, 1956 (Ga. Laws 1956, p. 336), as amended, and an individual to whom a specially designated disabled persons license plate has been issued pursuant to the Act known as the `Disabled Persons License Plates Act,' approved April 13, 1973 (Ga. Laws 1973, p. 576), as amended, shall be authorized to park the passenger motor vehicle on which the specially designated license plate is attached in a handicapped parking place without the necessity of obtaining a handicapped parking permit pursuant to this subchapter. Section 3. Said subchapter is further amended by striking Code Section 68A-1023 in its entirety and substituting in lieu thereof a new Code Section 68A-1023 to read as follows: 68A-1023. No charge for permits. The department shall not charge or collect any fee for issuing handicapped parking permits as provided in this subchapter. Section 4. Said subchapter is further amended by striking Code Section 68A-1024 in its entirety and inserting in lieu thereof a new Code Section 68A-1024 to read as follows: 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 or unless there is attached to the vehicle a specially designated license plate for the disabled as authorized under subsection (d) of Code Section 68A-1022 of this subchapter.

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(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. (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 or institution other than the one to whom a handicapped parking permit or specially designated license plate for the disabled is issued to make use of a handicapped parking permit or specially designated license plate for the disabled. It shall be unlawful for any person to use a handicapped parking permit for any institutional vehicle other than the one for which the permit has been issued. (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 Code 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 Code section shall be subject to a fine of not less than $5.00 nor more than $40.00. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981.
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INTEREST ON UNLIQUIDATED DAMAGES. No. 505 (House Bill No. 227). AN ACT To amend an Act to provide for interest on unliquidated damages under certain circumstances, approved April 9, 1968 (Ga. Laws 1968, p. 1156), as amended by an Act approved April 11, 1975 (Ga. Laws 1975, p. 395), 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. An Act to provide for interest on unliquidated damages under certain circumstances, approved April 9, 1968 (Ga. Laws 1968, p. 1156), as amended by an Act approved April 11, 1975 (Ga. Laws 1975, p. 395), is hereby amended by striking from subsection (c) of Section 1 thereof the following: seven percent (7%), and substituting in lieu thereof the following: 12 percent, so that when so amended subsection (c) of Section 1 shall read as follows: (c) The interest provided for shall be at the rate of 12 percent per annum and shall begin to run from the 30th day following the date of the mailing of the written notice until the date of judgment. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981.
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TRAVEL EXPENSES OF DISTRICT ATTORNEYS AND ASSISTANT DISTRICT ATTORNEYS. Code Section 242905.1 Amended. No. 506 (House Bill No. 230). AN ACT To amend Code Section 24-2905.1, relating to travel expenses of district attorneys and assistant district attorneys, so as to change the limitation on expenses for meals and lodging; 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 24-2905.1, relating to travel expenses of district attorneys and assistant district attorneys, is hereby amended by striking from paragraph (3) of subsection (b) the following: up to a maximum of $25.00 per day shall be reimbursed., and inserting in lieu thereof the following: shall be reimbursed in the same per diem amount as is provided by law for members of the General Assembly., so that when so amended said paragraph (3) shall read as follows: (3) The actual cost of meals and lodging incurred shall be reimbursed in the same per diem amount as is provided by law for members of 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 April 7, 1981. CRUELTY TO CHILDRENPUNISHMENT. Code Section 26-2801 Amended. No. 507 (House Bill No. 231). AN ACT To amend Code Section 26-2801, relating to cruelty to children, as amended, so as to change the penalty for a conviction of cruelty to children; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 26-2801, relating to cruelty to children, as amended, is hereby amended by striking from subsection (c) of Code Section 26-2801 the following: ten, and substituting in lieu thereof the following: 20, so that when so amended subsection (c) of Code Section 26-2801 shall read as follows: (c) A person convicted of cruelty to children as provided in this section shall be punished by imprisonment for not less than one nor more than 20 years.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. DEPARTMENT OF PUBLIC SAFETYSECURITY GUARD DIVISION. No. 508 (House Bill No. 235). 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 28, 1968 (Ga. Laws 1968, p. 475) and an Act approved February 23, 1979 (Ga. Laws 1979, p. 143), so as to authorize the Security Guard Division of the Department of Public Safety to provide security for additional individuals and places; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Department of Public Safety, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, particularly by an Act approved March 28, 1968 (Ga. Laws 1968, p. 475) and an Act approved February 23, 1979 (Ga. Laws 1979, p. 143), is hereby amended by striking Section 2 of Article IIIA in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The Commissioner of the Department of Public Safety shall be authorized to employ such number of security guards as may be necessary to keep watch over and protect the Governor and members of his immediate family, the Lieutenant Governor and members of his immediate family, the Speaker of the House of Representatives and members of his immediate family, the Executive
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Department at the State Capitol or at such other place as the Executive Department may be removed, the Executive Center or other residence of the Governor of the State of Georgia, the residences and offices of the Lieutenant Governor and the Speaker of the House of Representatives, and such other State property and individuals as may be directed by the Governor. Members of the Governor's family, the Lieutenant Governor's family, and the Speaker's family for whom protection is provided by the Security Guard Division, when traveling with the Governor, the Lieutenant Governor, or the Speaker, as the case may be, when traveling on State-related business at the request of the Governor, the Lieutenant Governor, or the Speaker, as the case may be, or when in the judgment of the Commissioner of Public Safety security considerations so dictate, may be transported by means of State-owned transportation facilities, when appropriate, or at State expense by private carrier, when the use of such facilities are not practical or appropriate. 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 7, 1981. COMPENSATION OF COURT BAILIFFS. Code Section 59-120 Amended. No. 509 (House Bill No. 241). AN ACT To amend Code Section 59-120, relating to the compensation of court bailiffs and payment of expense allowance to jurors, as amended, particularly by an Act approved April 12, 1979 (Ga. Laws 1979, p. 601), so as to change the maximum compensation of bailiffs;
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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 59-120, relating to the compensation of court bailiffs and payment of expense allowance to jurors, as amended, particularly by an Act approved April 12, 1979 (Ga. Laws 1979, p. 601), is hereby amended by striking from subsection (a) thereof the following: $35, and inserting in lieu thereof the following: $40, so that when so amended subsection (a) of Code Section 59-120 shall read as follows: (a) The compensation of court bailiffs in the superior courts of such counties for the next succeeding year, such compensation not to be less than $5 nor to exceed $40 per diem. The same compensation shall be allowed to bailiffs of the several State courts and special courts as is allowed bailiffs in the superior court of the county in which the city or special court is located. 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 7, 1981.
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LAW CLERKS IN CERTAIN JUDICIAL CIRCUITS. No. 510 (House Bill No. 247). AN ACT To provide for a law clerk in certain judicial circuits of this state; to provide for definitions; to provide for the law clerk's duties and compensation; to provide for supplies and equipment; 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. As used in this Act, the following terms shall have the following meanings: (1) Chief judge means the judge of the superior courts of a judicial circuit or, in those judicial circuits having more than one judge, the judge of the

superior courts with the longest period of service. (2) Judicial circuit means any judicial circuit of this state wherein there is an institution of the state designated by the Department of Corrections for carrying out the death sentence. Section 2. The chief judge of each judicial circuit as hereinbefore defined is hereby authorized to employ a law clerk whose primary duty shall be to assist the court in handling appeals made by individuals awaiting execution. The law clerk shall have such additional duties as may be prescribed by the chief judge. The law clerk employed by the chief judge shall be an employee of the judicial branch of the state government and shall possess such qualifications as shall be determined by the chief judge. The law clerk shall serve at the pleasure of the chief judge. The law clerk shall be compensated in an amount set by the chief judge but not to exceed $18,000.00 per year. This compensation shall be paid in equal monthly installments from state funds appropriated or otherwise made available for the operation of the superior courts. Section 3. The chief judge of a judicial circuit employing a law clerk pursuant to this Act shall notify the director, Fiscal Division, Department of Administrative Services, of the name and salary of
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said law clerk at least 15 days prior to the effective date of the employment of said law clerk. It shall also be the duty of said chief judge to notify the director, Fiscal Division, Department of Administrative Services, of any change in the status or salary of said law clerk. Said chief judge shall be authorized to designate the county of the judicial circuit wherein such law clerk shall maintain his office and carry out his duties, and the governing authority of the county so designated shall provide suitable space for said law clerk. Section 4 . The chief judge of a judicial circuit employing a law clerk as provided in this Act may purchase such supplies and equipment as may be necessary to enable the law clerk to carry out his duties and responsibilities. The funds necessary to pay for such supplies and equipment shall come from funds appropriated or otherwise made available for the operation of the superior courts. 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 7, 1981. FISHING WITH POWERDRAWN NETS. Code Section 45-902 Amended. No. 511 (House Bill No. 253). AN ACT To amend Code Section 45-902, relative to fishing with powerdrawn nets, the opening and closing of waters, and the confiscation of illegally used equipment, as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1552), and by an Act approved April 12, 1979 (Ga. Laws 1979, p. 678), so as to change the provisions relating to the
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taking of crabs and the opening of waters for the taking of crabs; 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 45-902, relating to fishing with powerdrawn nets, the opening and closing of waters, and the confiscation of illegally used equipment, as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1552), and by an Act approved April 12, 1979 (Ga. Laws 1979, p. 678), is hereby amended by striking subsection (g) in its entirety and substituting in lieu thereof a new subsection (g) to read as follows: (g) In accordance with current, sound principles of wildlife research and management as provided by Code Section 45-900, the Commissioner is authorized to authorize any person to take crabs with power-drawn nets of four (4) inch stretched mesh from any waters outside, on the seaward side, of the sounds at any time during the year, or from the waters of Cumberland, St. Simons, Sapelo, St. Andrews, Wassaw and Ossabaw Sounds during the months of January, February and March, when the Commissioner has determined that taking of crabs within said waters will not be detrimental to the conservation of crabs or shrimp. Possession of any net with mesh smaller than that provided herein while taking crabs shall be prima facie evidence of the violation of this 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 April 7, 1981.
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CHIROPRACTICREFUSAL OR REVOCATION OF LICENSES, ETC. Code Section 84-512 Amended. No. 512 (House Bill No. 254). AN ACT To amend Code Section 84-512, relating to revocation of and refusal to grant licenses to practice chiropractic, so as to include as grounds for such revocation or refusal certain conduct relating to advertising; to delete certain vote and proof requirements; to provide for rules; 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 84-512, relating to revocation of and refusal to grant licenses to practice chiropractic, is hereby amended by designating the first paragraph thereof as subsection (a) and by striking from said newly designated subsection the following: ; or any other immoral or unprofessional conduct. Said Board may upon satisfactory proof that any licentiate or applicant for license has been guilty

of any of the offenses above enumerated revoke the license of said licentiate, or refuse to grant a license to said applicant, upon a majority vote of said Board., and inserting in lieu thereof the following: ; knowingly making any fraudulent, misleading, or deceptive statement in any form of advertising or making any statement in any advertising concerning the quality of the chiropractic services rendered by such licentiate or applicant or any chiropractor associated with him; or any immoral or unprofessional conduct., and by adding at the end of said Code Section a new subsection (b) to read as follows: (b) The Georgia Board of Chiropractic Examiners may adopt, amend, or repeal such rules consistent with the law as may be necessary to enable it to carry into effect the provisions of this Code Chapter.,
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so that when so amended said Code Section shall read as follows: 84-512. Refusal or revocation of licenses; grounds. (a) The Board of Chiropractic Examiners may refuse to grant or may revoke a license to practice chiropractic or may cause a licentiate's name to be removed from the records in the office of the clerk of the superior court in any county, upon any of the following grounds, to wit: The employment of fraud or deception in applying for a license or in passing an examination provided for in this Chapter; habitual intemperance in the use of ardent spirits or narcotics; inability or manifest incompetency or flagrant immorality; conviction of a crime involving moral turpitude or of any violation of the Opium Act, or the Harrison Narcotic Law, or of performing or attempting to perform a criminal abortion; the obtaining of a fee on representation that a manifestly incurable disease can be permanently cured; causing the publication and circulation of an advertisement of any remedy or means whereby the monthly periods of women can be regulated, or the menses, if suppressed, can be reestablished; causing the publication and circulation of an advertisement relative to any disease of the sexual organs; knowingly making any fraudulent, misleading, or deceptive statement in any form of advertising or making any statement in any advertising concerning the quality of the chiropractic services rendered by such licentiate or applicant or any chiropractor associated with him; or any immoral or unprofessional conduct. (b) The Georgia Board of Chiropractic Examiners may adopt, amend, or repeal such rules consistent with the law as may be necessary to enable it to carry into effect the provisions of this Code Chapter. 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 7, 1981.
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GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT AMENDEDVACANCIES. No. 513 (House Bill No. 263). AN ACT To amend the Georgia Agricultural Commodities Promotion Act, approved April 25, 1969 (Ga. Laws 1969, p. 763), as amended, so as to provide a method of filling certain vacancies on agricultural commodity commissions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Agricultural Commodities Promotion Act, approved April 25, 1969 (Ga. Laws 1969, p. 763), as amended, is hereby amended by adding immediately preceding the period at the end of the next to last sentence of subsection (b) of Section 10 the following: ; except that vacancies in the office of a member elected by a legislative committee shall be filled for the unexpired term by the legislative committee which made the previous appointment, so that said subsection (b) when so amended shall read as follows: (b) Initial appointments shall be made three (3) members for a term of three (3) years each from the effective date of the appointment and two (2) members for a term of two (2) years each from the effective date of the appointment, and until their successors are appointed and qualified. Thereafter, successors shall be appointed for a term of three (3) years each from the effective date of the appointment and until their successors are appointed and qualified. Vacancies shall be filled by appointment by the ex officio members of the commission, in like manner, for the unexpired term; except that vacancies in the office of a member elected by a legislative committee shall be filled for the unexpired term by the legislative committee which made the previous appointment. Any appointive member shall be eligible for reappointment provided he shall be nominated as provided in this section.
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. SUPERIOR COURT CLERKS RETIREMENT ACT AMENDED. No. 514 (House Bill No. 274). AN ACT To amend an Act providing retirement benefits for superior court clerks, approved February 15, 1952 (Ga. Laws 1952, p. 238), as amended, particularly by an Act approved March 11, 1964 (Ga. Laws 1964, p. 407), so as to make certain provisions for payment of funds to widows applicable to all surviving spouses; 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 superior court clerks,

approved February 15, 1952 (Ga. Laws 1952, p. 238), as amended, particularly by an Act approved March 11, 1964 (Ga. Laws 1964, p. 407), is hereby amended by striking from Section 10 the word widow, wherever the same appears, and inserting in lieu thereof the words surviving spouse so that when so amended said section shall read as follows: Section 10. Any Clerk may withdraw the total sum without interest which he has paid into the fund, and to become eligible to rejoin the fund and to receive any benefits as provided in this law after such withdrawal, he must repay the entire amount which he has withdrawn with interest at 6% per annum. He shall not receive credit for any service after such withdrawal unless he pays dues plus 6% interest which he would have paid had he been a member of the Fund. If any Clerk dies before being retired, the total amount, without
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interest, which has been paid by him into the Fund shall be paid to his estate. If after retiring, any Clerk should die without leaving a surviving spouse and without having received the amount in benefits equal to the amount which he had paid into said Fund, the difference, without interest, shall be paid to his estate. If after retiring, any Clerk should die leaving a surviving spouse and such surviving spouse should thereafter die without having received the amount of benefits equal to the amount which had been paid into the Fund less the amount received by said Clerk before his death, the difference, without interest, shall be paid to his estate. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. SHERIFFS RETIREMENT FUND OF GEORGIA ACT AMENDED. No. 515 (House Bill No. 275). AN ACT To amend an Act creating the Sheriffs' Retirement Fund of Georgia, approved April 16, 1963 (Ga. Laws 1963, p. 630), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 1191), so as to make provisions which are applicable to payment of certain survivors' benefits to widows applicable to all surviving spouses; to make provisions which are applicable to vesting of certain such benefits in widows applicable to vesting of such benefits in all surviving spouses; to repeal conflicting laws; and for other purposes. 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, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p.
Page 695
1191), is hereby amended by striking from subsections (a), (b), and (c) of Section 19 the word widow wherever the same appears, and inserting in lieu thereof the word spouse so that when so amended said subsections (a), (b), and (c) shall read as follows: (a) In the event any member of this fund dies before retirement, whether such member shall be carried upon the active or inactive rolls of this fund, an amount equal to the total amount which has been paid by such member into the fund as dues shall be paid, without interest, to such member's surviving spouse, and if there is no surviving spouse, then to such member's named beneficiary, and if there is no named beneficiary, then to such member's estate. If any member sheriff should die after retirement without having received an amount equal in benefits to the total amount which he has paid into the fund as dues, the difference, without interest, shall be paid to such member sheriff's surviving spouse, and if there is no surviving spouse, then to such member sheriff's named beneficiary, and if there is no named beneficiary, then into such member sheriff's estate. (b) In addition to the death benefits provided in subparagraph (a) above, upon the death of any active member of this fund, the death of any inactive member of this fund who would otherwise qualify to be carried upon the active membership rolls of this fund except for the fact that such member may have ceased to hold the office of sheriff, and the death of any member sheriff who is receiving retirement benefits from this fund or any member sheriff who is otherwise qualified to receive retirement benefits from this fund except for his having not reached the age of 55 years or his not having filed an application for or been approved for retirement benefits, the sum of three thousand dollars ($3,000.00) shall be paid as additional death benefits to the surviving spouse of such member, and if there is no such surviving spouse of such member, then to the named beneficiary of such member, and if there is no named beneficiary of such member, then to the estate of such member. (c) At any time any member submits his application for membership in this fund, at the time any member submits his application for retirement benefits, or from time to time any member of this fund, whether carried on the active or inactive rolls of this fund, and any person who is receiving retirement benefits from this fund shall be afforded the opportunity to name a designated beneficiary to receive the death benefits provided for in this section; provided, however, such named beneficiary shall be entitled to receive such death benefits
Page 696
only in the event such member or person does not leave surviving a spouse at the time of his death. The procedure by which a member or member sheriff receiving retirement benefits names a beneficiary to receive the death benefits

provided for in this section shall be determined and established by the board of commissioners and the board of commissioners shall have authority to establish such forms and procedures as they determine for payment of the death benefits to those entitled to receive the same. Section 2. Said Act is further amended by striking from Section 21 the word widow and inserting in lieu thereof the word spouse so that when so amended said section shall read as follows: Section 21. All rights and benefits provided herein shall be subject to future legislative change or revision, and no beneficiary herein provided for shall be deemed to have any vested right to any benefits provided herein, except the right of withdrawal and payment to the surviving spouse or the member's estate of the difference between amounts paid and benefits received as set forth in sections 15 and 19, and except retirement benefits provided in section 18, after approval therefor under provisions of section 17, as is modified by section 22. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. DISTRICT ATTORNEY EMERITUS ACT AMENDED. No. 516 (House Bill No. 276). AN ACT To amend an Act creating the office of district attorney emeritus, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, particularly by an Act approved March 24, 1980 (Ga. Laws 1980, p.
Page 697
925), and by an Act approved March 24, 1980 (Ga. Laws 1980, p. 939), so as to make certain provisions which are applicable to payments to widows applicable to all surviving spouses; 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, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, particularly by an Act approved March 24, 1980 (Ga. Laws 1980, p. 925), and by an Act approved March 24, 1980 (Ga. Laws 1980, p. 939), is hereby amended by striking Section XII and inserting in lieu thereof a new Section XII to read as follows: Section XII. Any district attorney who resigns, or otherwise becomes disqualified to hold his office, shall be entitled to withdraw the total amount, without interest, which he or she has paid to said retirement fund; or, if any district attorney dies, the total amount without interest, paid by him or her to said fund, shall be paid to his or her surviving spouse and, if no surviving spouse to his or her personal representative. However, in the case of the death of any district attorney receiving benefits from this retirement fund at the time of death, and not survived by a spouse, or of a surviving spouse of a district attorney receiving benefits, where neither the district attorney, the surviving spouse, or both, have received the total amount, without interest, paid by the district attorney to said fund, the district attorney's estate shall receive from said fund the remainder of his or her payments thereto. 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. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981.
Page 698
TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 517 (House Bill No. 277). 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 February 25, 1949 (Ga. Laws 1949, p. 1197), so as to make certain exclusions which are applicable to widows applicable to all surviving spouses; 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 February 25, 1949 (Ga. Laws 1949, p. 1197), is hereby amended by striking from Section 13 the word widows, wherever the same appears, and inserting in lieu thereof the words surviving spouses so that when so amended said section shall read as follows: Section 13. Limitation on membership. Except as specifically provided in this Act, no other provision of law under any other statute which provides wholly or partly at the expense of the State of Georgia for pensions or retirement benefits for teachers in the State, their surviving spouses or their dependents, shall apply to members or beneficiaries of this retirement system, their surviving spouses or their dependents, provided, however, that nothing in this Act shall prevent the governing boards of the public school systems of the State and the Board of Regents of the University System of Georgia from making provision for supplementing the retirement and pension allowances of the teachers and other employees of the respective boards who are covered by the terms of the Georgia teachers retirement system.
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. GENERAL ASSEMBLYPAYMENT OF COMPENSATION UPON DEATH OF MEMBER. Code Section 47-109 Amended. No. 518 (House Bill No. 279). AN ACT To amend Code Chapter 47-1, relating to the General Assembly in

general, as amended, so as to change the disposition of compensation of members during the session; 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 47-1, relating to the General Assembly in general, as amended, is hereby amended by striking in its entirety Code Section 47-109, which reads as follows: 47-109. If any member of the General Assembly shall die during the session or afterwards without having received the whole or any portion of his pay, the amount due for the whole session shall be paid to the widow of the deceased, and if there shall be no widow, in like manner to the children, and if there shall be no children, in like manner, to the mother, and if there shall be no mother, in like manner, to the father, and if there shall be no father, in like manner, to the estate of such deceased member. The provisions of this section shall be applicable to all members of the General Assembly beginning with the 1959-1960 term and all future terms.,
Page 700
and inserting in its place a new Code Section 47-109 to read as follows: 47-109. Pay on death during session. If any member of the General Assembly dies during or after a regular or extraordinary session without having received all or any portion of his or her daily expense allowance for such session, the amount due for the whole session shall be paid to the surviving spouse of the deceased, and if there is no surviving spouse, in like manner to the children, and if there are no children, in like manner to the estate of such deceased member. The member's salary for the full calendar month during which the member dies shall be paid in the same manner. Section 2. 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 1983. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. DEPARTMENT OF VETERANS SERVICE ACT AMENDED. No. 519 (House Bill No. 280). AN ACT To amend an Act providing for veterans services in Georgia, approved March 8, 1945 (Ga. Laws 1945, p. 319), as amended, so as to make certain provisions regarding widows applicable to all surviving spouses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for veterans services in Georgia, approved March 8, 1945 (Ga. Laws 1945, p. 319), as amended, is
Page 701
hereby amended by striking from Sections 8 and 12 the word widows, wherever the same appears, and inserting in lieu thereof the words surviving spouses so that when so amended said Sections 8 and 12 shall read as follows: Section 8. The Director of the State Department of Veterans Service is authorized and directed to employ competent personnel to assist in the administration of the Department of Veterans Service. The Director shall give reasonable preference to veterans, their surviving spouses and dependents in the matter of employment in the State Department of Veterans Service, provided however, that competency and efficiency shall not be sacrificed because of veteran affiliation, relationship or service. It shall be the duty of the Director to advise the Governor, the Board of Veterans Service and the General Assembly as to needed veterans' legislation. As Executive Officer the Director shall have exclusive authority to employ personnel necessary to carry out the purposes of this Act, and shall define the duties of employees, assign their official stations, and fix their compensation. Section 12. The State Department of Veterans Service, all officers and employees thereof, shall work consistently and diligently in all matters, and particularly shall undertake to conduct an educational program for the information of veterans, their surviving spouses and dependents, as to any and all rights accruing to such veterans under National, State and local law. The Director of Veterans Service and the members of the Board are directed to conduct educational programs by personal appearances before veterans' organizations, service clubs, fraternal groups and other such organizations so as to acquaint the public generally with the work of the Department and the rights and privileges of veterans. The Director of Veterans Service, the Board and the Department are authorized and directed to make available any regions, locations and areas throughout this State, representatives of the Department, to assist veterans, surviving spouses and dependents in the preparation and filing of claims for benefits and in acquainting them with all legal rights and privileges.
Page 702
Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. GEORGIA MILITARY FORCES REORGANIZATION ACT OF 1955 AMENDED. No. 520 (House Bill No. 281). AN ACT To amend the Georgia Military Forces Reorganization Act of 1955, approved February 2, 1955 (Ga. Laws 1955, p. 10), as amended, so as to provide for payment of certain pensions and rewards to all surviving spouses rather than to widows; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Georgia Military Forces Reorganization Act of 1955, approved February 2, 1955 (Ga. Laws 1955, p. 10),

as amended, is hereby amended by striking from subsection (e) of Section 76 the word widow and inserting in lieu thereof the words surviving spouse so that when so amended said subsection (e) shall read as follows: (e) In case any such member of the organized militia shall die as the result of any such wound, injury, or disease within one year after it has been incurred or contracted, the surviving spouse, minor children or dependent parent of such member of the organized militia shall receive such pension and reward as persons under similar circumstances receive from the United States.
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Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. MOTOR VEHICLE SALES FINANCE ACT AMENDED. No. 521 (House Bill No. 299). 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, particularly by an Act approved March 20, 1980 (Ga. Laws 1980, p. 523), so as to repeal the provisions relating to the reinstatement of certain finance charges; 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 Sales Finance Act, approved April 18, 1967 (Ga. Laws 1967, p. 674), as amended, particularly by an Act approved March 20, 1980 (Ga. Laws 1980, p. 523), is hereby amended by striking Section 5 of the amendatory Act approved March 20, 1980 (Ga. Laws 1980, p. 523), which reads as follows: 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 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., in its entirety.
Page 704
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 7, 1981. HUSBAND AND WIFEGIFTS BY WIFE TO HUSBAND. Code Section 53-506 Amended. No. 522 (House Bill No. 306). AN ACT To amend Code Chapter 53-5, relating to rights and liabilities of husband and wife, as amended, so as to provide for gifts by married persons; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 53-5, relating to rights and liabilities of husband and wife, as amended, is hereby amended by striking in its entirety Code Section 53-506, relating to gifts by wife to husband, which reads as follows: 53-506. Gifts by wife to husband; presumption. A wife may give property to her husband, but a gift will not be presumed. The evidence to support it must be clear and unequivocal, and the intention of the parties must be free from doubt.,
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. MOTOR VEHICLESSECURING OF LOADS ON VEHICLES, EXEMPTIONS. Code Section 95A-955 Amended. No. 523 (House Bill No. 319). AN ACT To amend Code Section 95A-955, relating to securing loads on vehicles, so as to provide an exemption from the requirements of that Code section for vehicles carrying silage; 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 95A-955, relating to securing loads on vehicles, is hereby amended by adding a new subsection (d) to read as follows: (d) This section and regulations based thereon shall not apply to vehicles carrying silage from field to storage and storage to feedlot. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Page 706
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. DOUGLAS JUDICIAL CIRCUITADDITIONAL JUDGE. No. 524 (House Bill No. 323). AN ACT To amend an Act creating a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, and to provide for other matters relative thereto, approved March 20, 1980 (Ga. Laws 1980, p. 563), so as to provide for a second judge for such circuit; to provide for the election of the judges; to provide for the chief judge; to provide for supplies and equipment; to change the terms of court; 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 a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, and to provide for other matters relative thereto,

approved March 20, 1980 (Ga. Laws 1980, p. 563), is hereby amended by striking Section 1 of said Act, which reads as follows: 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 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
Page 707
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., and substituting in lieu thereof the following: Section 1. (a) 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 the County of Douglas. There shall be two judges of the superior court in the Douglas Judicial Circuit. (b) The offices of the judges of the superior court and the district attorney of the Douglas Judicial Circuit are hereby created for said circuit. The initial judges 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 judges 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 judges and district attorney shall take office on the first day of January following their election. (c) For purposes of electing the judges of the superior court, the Douglas Judicial Circuit shall be broken down into Post 1 and Post 2. Every person who offers for nomination and election as one of the judges of said superior court for the Douglas 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 Post for which he offers; and, thereupon, he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. (d) The chief judge of the Douglas Judicial Circuit shall be the judge who has the most experience as a sitting judge of a superior court in the State of Georgia. If there is no judge who has the most experience as a superior court judge, the judge elected from Post 1 shall be the chief judge. The two judges of the superior court for the
Page 708
Douglas Judicial Circuit in transacting the business of said court and in performing their duties and functions shall share, divide, and allocate the work and duties to be performed by each. In the event of any disagreement between the judges as to the operation of said court, the decision of the chief judge shall control. Section 2. Said Act is further amended by striking the first two sentences of Section 2 of said Act, which read as follows: 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., and substituting in lieu thereof the following: (a) Each 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, each 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., and by adding immediately following subsection (a) the following: (b) Upon the request of either judge of the circuit, the governing authority of the county comprising the Douglas Judicial Circuit is 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 for the proper functioning of the court. All the expenditures authorized in this subsection are hereby declared to be expenses of the court and payable out of the county treasury as such., so that when so amended Section 2 of said Act shall read as follows: Section 2. (a) Each 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, each judge of the superior court of the Douglas Judicial Circuit shall
Page 709
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). (b) Upon the request of either judge of the circuit, the governing authority of the county comprising the Douglas Judicial Circuit is 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 for the proper functioning of the court. All the expenditures authorized in this subsection are hereby declared to be expenses of the court and payable out of the county treasury as such. Section 3. Said Act is further amended by striking in its entirety Section 4 of said Act, which reads as follows: 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., and substituting in lieu thereof the following: Section 4. The terms of court for said county shall be as follows: the third Monday in January, the third Monday in April, the third Monday in July, and the third Monday in October. Section 4. Said Act is further amended by striking in its entirety Section 5 of said Act, which reads as follows: 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., and substituting in lieu thereof the following:
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Section 5. The grand jury of said county shall convene as provided by law and whenever, in the opinion of the judges of said circuit, it is expedient or necessary to have a grand jury, they may, in their discretion, draw, call, and empanel a grand jury for services at any term of court. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT AMENDEDPEACE OFFICER DEFINED. No. 526 (House Bill No. 343). 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, particularly by an Act approved March 25, 1980 (Ga. Laws 1980, p. 1121), so as to change the provisions relative to the definition of the term peace officer; 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, particularly by an Act approved March 25, 1980 (Ga. Laws 1980, p. 1121), is hereby amended by adding in Section 8 immediately following the ninth sentence of said section the following: Such term shall also include any full-time identification technician or identification supervisor employed by the State of Georgia, or any subdivision or municipality thereof, whose duties include the investigation and detection of crime or whose duties are supervisory
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over those identification technicians whose duties include the investigation and detection of crime in the State of Georgia, and who have been considered a member of the Peace Officers' Annuity and Benefit Fund, and paid dues thereto, at any time on or before July 1, 1981. Said identification technicians and identification supervisors shall be deemed to have been members for such prior period of service that dues were paid and shall be entitled to all rights and benefits to which other members are entitled. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. ASSISTANT DISTRICT ATTORNEYS' COMPENSATION. Code Section 24-2919 Amended. No. 527 (House Bill No. 359). AN ACT To amend Code Section 24-2919, relating to staff for district attorneys, as amended, particularly by an Act approved April 12, 1979 (Ga. Laws 1979, p. 639), so as to change the provision relative to increases in the compensation of assistant district attorneys; to provide for credit for prior service of an assistant district attorney in the calculation of that assistant district attorney's starting salary; 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 24-2919, relating to staff for district attorneys, as amended, particularly by an Act approved April 12, 1979 (Ga. Laws 1979, p. 639), is hereby amended by striking from paragraph (5) of subsection (b) of the material designated as Code Section 24-2919.1 the following:
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3.2, and inserting in lieu thereof the following: 6.4, so that when so amended said paragraph (5) shall read as follows: (5) Each assistant district attorney appointed under this Section shall receive an increase of 6.4 percent for each future year of service which shall become effective on the first day of the month following the month in which the anniversary

of his appointment occurs. In addition to his annual salary, each assistant district attorney shall also receive the percentage cost-of-living increase payable to employees of the classified service of the State Merit System of Personnel Administration. All salary increases shall be cumulative, and such increases shall be payable beginning on the same date as employees of the classified service of the State Merit System of Personnel Administration, except as otherwise provided for in this Act. Section 2. Said Code Section is further amended by adding a new paragraph (6) to subsection (b) of the material designated as Code Section 24-2919.1 to read as follows: (6) Notwithstanding paragraph (4) of this subsection, each assistant district attorney appointed under this Code Section who has prior service as an assistant district attorney in the State of Georgia may be compensated in an annual amount not to exceed the greater of: (A) $15,500.00 plus an incremental increase of 3.2 percent thereof for each full year of prior service before July 1, 1981, and an incremental increase for each full year of prior service performed after July 1, 1981, as provided in paragraph (5) of this subsection; or (B) The state salary paid to such assistant district attorney at the time of the termination of such prior service. Any such assistant district attorney shall receive the salary increases authorized in paragraph (5) of this subsection, and his anniversary date may for this purpose be adjusted to reflect credit for any partial year of prior service not credited above.
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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 April 7, 1981. TAX COMMISSIONERS AND TAX COLLECTORS POWERS IN CERTAIN COUNTIES (27,500 - 28,500). Code Section 91A-1337 Amended. No. 528 (House Bill No. 360). AN ACT To amend Code Section 91A-1337, relating to tax collectors and tax commissioners as ex officio sheriffs for certain purposes, so as to waive the requirement of the sheriff's written consent in certain counties when the tax collector or tax commissioner is acting in the county in which he holds 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 91A-1337, relating to tax collectors and tax commissioners as ex officio sheriffs for certain purposes, is hereby amended by adding a new paragraph at the end of subsection (f) thereof to read as follows: (5) Not less than 27,500 and not more than 28,500., so that when so amended subsection (f) of Code Section 91A-1337 shall read as follows:
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(f) With respect to a tax collector or tax commissioner, or his deputy, acting pursuant to this Section in the county in which he holds office, the requirement of written consent of the sheriff shall not apply in counties within the following population brackets according to the census: (1) Not less than 300,000 and not more than 500,000. (2) Not less than 175,000 and not more than 195,000. (3) Not less than 13,635 and not more than 14,765. (4) Not less than 12,000 and not more than 12,200. (5) Not less than 27,500 and not more than 28,500. 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 7, 1981. MOTOR VEHICLESLICENSE PLATES, ETC. Code Section 68-214 Amended. No. 529 (House Bill No. 362). AN ACT To amend Code Section 68214, relating to the registration and licensing of motor vehicles, license plates, and revalidation stickers, as amended, so as to require county decals to be issued and affixed to the license plate; to provide for replacement decals; to make it unlawful to operate any vehicle which is required to be registered in
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the State of Georgia without a valid county decal; to provide a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 68-214, relating to the registration and licensing of motor vehicles, license plates, and revalidation stickers, as amended, is hereby amended by adding at the end of subsection (d) a new sentence to read as follows: When an applicant is issued a revalidation sticker and such applicant registered the vehicle in another county the previous year, the applicant shall also be issued a new county decal which shall be properly affixed to the license plate and shall replace the other county decal., so that when so amended subsection (d) shall read as follows: (d) In those years in which a metal plate is not issued, a revalidation sticker with a distinctive serial number shall be issued and affixed in the space provided on the license plate assigned to the vehicle. When an applicant is issued a revalidation sticker and such applicant registered the vehicle in another county the previous year, the applicant shall also be issued a new county decal which shall be properly affixed to the license plate and shall replace the other county decal. 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 furnish without cost to each tag agent reflective adhesive decals in sufficient number upon which there shall be printed the name of the agent's county. Such a decal shall be issued with each metal license plate and shall be affixed in the space provided on the license plate without obscuring any number or other information required to be present on the plate; provided, however, that a county decal shall be issued with each revalidation sticker issued in 1982 and shall be properly affixed to the license plate.
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Section 3. Said Code section is further amended by striking subsection (f) in its entirety and inserting in lieu thereof a new subsection (f) to read as follows: (f) A duplicate license plate, county decal, or revalidation sticker, when the original has been lost, defaced, or destroyed, may be obtained from the commissioner upon filing with him an affidavit setting forth the facts of such loss or destruction and the payment of a fee of $2.00. A license plate, when issued, shall not be transferred from one vehicle to another and shall not be used by any other person or upon any vehicle other than the one to which it is assigned, except as hereinafter provided. Any use of said plate by any other person or persons in any manner not provided for in this chapter shall be a violation thereof. Section 4. Said Code section is further amended by striking subsection (h) in its entirety and inserting in lieu thereof a new subsection (h) to read as follows: (h) Any vehicle operated in the State of Georgia after April 1 of any year, which is required to be registered, that does not have attached to the rear thereof a numbered license plate, county decal designating the county where the vehicle was last registered, and current revalidation sticker, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate and county decal, properly validated. If the owner of said vehicle presents evidence that he has properly applied for the registration of such vehicle, but that the license plate, county decal, or revalidation sticker has not been delivered to him, then said owner shall not be subject to the above penalties. Section 5. This Act shall become effective January 1, 1982.
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Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. STATE DEPARTMENT OF COMMUNITY AFFAIRSCODES. No. 530 (House Bill No. 372). AN ACT To amend an Act providing for the transfer of functions, personnel, and equipment of the State Building Administrative Board to the State Department of Community Affairs, approved March 31, 1980 (Ga. Laws 1980, p. 1316), so as to clarify the authority of county and municipal governments to adopt and enforce codes other than the state codes; 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 transfer of functions, personnel, and equipment of the State Building Administrative Board to the State Department of Community Affairs, approved March 31, 1980 (Ga. Laws 1980, p. 1316), is hereby amended by striking subsection (b) of Section 18 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) With the exception of the Georgia State Energy Code for Buildings, nothing in this Act shall be construed to prohibit the adoption and enforcement at the local level of any codes other than the state codes. 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 April 7, 1981. GEORGIA RESIDENTIAL FINANCE AUTHORITY ACT AMENDED. No. 531 (House Bill No. 378). 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 change the definition of certain terms; to expand and clarify the powers of the authority; to authorize the authority to acquire and enter into commitments to acquire construction loan certificates and project loan certificates with bond proceeds and to pledge such certificates; to except family farm units and multifamily units from the requirement that at least forty per cent of the units financed by the authority be in the Standard Metropolitan Statistical Areas of this State and that at least forty per cent of the units financed by the authority be outside the Standard Metropolitan Statistical Areas of this State; to provide for the exemption of loans financed by the authority from the provisions of an Act prohibiting certain practices in connection with real estate transactions (Ga. Laws 1979, p. 345); to authorize the authority to credit or pay excess arbitrage earnings to mortgagors or to the United States; to allocate the State ceiling for single family residential housing bonds imposed by the Mortgage Subsidy Bond Tax Act of 1980 between the authority and the Urban Residential Finance Authorities; to expand the power of the authority to finance

family farm mortgage loans; to change the eligibility criteria for family farm loans; to delete provisions relating to assumptions of family farm loans; to clarify the rulemaking powers of the authority with respect to the family farm loan program; to expand and clarify the corporate purposes for which the authority may issue revenue bonds; to increase the maximum amount
Page 719
of bonds and notes which the authority may have outstanding for it single-family residential housing program at any one time to 350 million dollars and to provide that the maximum amount of bonds and notes which the authority may have outstanding for its multifamily residential housing programs at any one time shall be 50 million dollars; to prohibit the comingling of funds between different authority programs on or after May 1, 1981; to prevent the deficit, default or failure of any program from affecting the funds used in other programs; to provide that the fixing of statutory maximum amounts of revenue bonds does not constitute a contract between the authority and the holders of its bonds and notes that additional bonds and notes may not be issued subsequently in the event said statutory maximums are subsequently increased by 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 Residential Finance Authority Act, approved March 26, 1974 (Ga. Laws 1974, p. 975), as amended, is hereby amended by striking paragraph (4) of subsection (d) of Section 3 in its entirety and inserting in lieu thereof a new paragraph (4) 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, housing, buildings, or equipment for the family farm and who satisfy income limitations set by the authority in its rules and who satisfy other criteria set out in this Act and in the rules of the authority. Section 2. Said Act is further amended by striking subsections (h), (k), (n), and (p) of Section 3 in their entirety and inserting in lieu thereof new subsections (h), (k), (n), and (p) to read as follows: (h) `Residential housing' means a specific work or improvement within Georgia undertaken primarily to provide single-family or multifamily dwelling accommodations for eligible persons and families, including the acquisition, construction or rehabilitation of real property, buildings and improvements thereto and such community facilities as may be incidental or appurtenant thereto.
Page 720
(k) `Mortgage' shall mean a deed to secure debt covering a fee simple or leasehold estate which is accompanied by a promissory note, the holder of which is either the authority or a lending institution where the debt is secured by real property located in Georgia and either improved by a residential housing structure or to be improved by a multifamily residential housing structure, the construction of which is required by the terms of said deed to secure debt or any associated documents. `Mortgage' shall also mean a secured loan or a security interest when the security consists of either housing, buildings, equipment, land, or any one or any combination of the foregoing, which in the judgment of the authority has the promise of either being operated as a family farm or improving the operation of a family farm. (n) `State-aided mortgage' shall mean a mortgage loan for residential housing or for a family farm for the benefit of eligible persons and families assisted under the provisions of this Act. (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; `family farm' shall also include all necessary buildings, equipment, or residences used in connection with the family farm land. Section 3. Said Act is further amended by adding two new subsections (q) and (r) at the end of Section 3, to read as follows: (q) `Construction loan certificate' shall mean a mortgage-backed security which is guaranteed as to principal and interest by the Government National Mortgage Association and which is backed by construction advances insured by the United States Department of Housing and Urban Development. (r) `Project loan certificate' shall mean a mortgage-backed security which is guaranteed as to principal and interest by the Government National Mortgage Association and which is backed by a mortgage insured by the United States Department of Housing and Urban Development which is finally endorsed. Section 4. Said Act is further amended by striking paragraph (8) and paragraph (20) of subsection (a) of Section 6 in their entirety and inserting in lieu thereof a new paragraph (8) and a new paragraph (20) to read as follows:
Page 721
(8) To make loans, the repayment of which is secured by mortgages or security interests, to participate in the making of secured loans, to undertake commitments to make secured loans, to acquire and contract to acquire mortgages or participations therein from 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 and participations; (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 early as practicable, for the making of or investment in residential housing or family farms for the benefit of eligible persons and families or that other monies in an amount approximately equal to such proceeds shall be committed and used for such purpose;. Section 5. Said Act is further amended by redesignating paragraph (25) of subsection (a) of Section 6 as paragraph (26) and by inserting a new paragraph (25) of subsection (a) of Section 6 to read as follows: (25) to acquire and enter into commitments to acquire construction loan certificates and project loan certificates with bond proceeds and to pledge or otherwise use any such construction loan certificates or project loan certificates in such manner as the authority deems in its best interest to secure or otherwise provide a source of repayment for its bonds;. Section 6. Said Act is further amended by striking subsection (d) of Section 6 in its entirety and by inserting in lieu thereof a new subsection (d) to read as follows: (d) At least 40 per cent of the singlefamily housing units financed by the authority shall be in the Standard Metropolitan Statistical Areas of the State, and at least 40 per cent of the single-family housing units financed by the authority shall be outside the Standard Metropolitan Statistical Areas of this State; however, there shall be no geographic distribution requirements applying either to family farm units financed by the authority or to multifamily housing units financed by the authority.
Page 722
Section 7 . Said Act is further amended by adding three new subsections (e), (f), and (g) at the end of Section 6 to read as follows: (e) An Act prohibiting certain practices in connection with real estate transactions, approved March 1, 1979 (Ga. Laws 1979, p. 345), as now or hereafter amended, shall not be applicable to mortgage loans purchased, made, or otherwise financed by the authority. (f) The authority shall have the power to pay or credit to the mortgagors or to pay to the United States a portion of the earnings from nonmortgage investments made with the proceeds of a bond issue as required by Mortgage Subsidy Bond Tax Act of 1980. (g) The `state ceiling' on single family residential housing bonds, which is imposed by and defined in the Mortgage Subsidy Bond Tax Act of 1980, shall be allocated in Georgia between the Georgia Residential Finance Authority and the Urban Residential Finance Authorities according to the following formula: (1) Subject to the limitations of subsection (a) of Section 9 of the Act, the Georgia Residential Finance Authority may issue single family residential housing bonds for any calendar year in an amount not to exceed 85 per cent of the state ceiling for that year, except as otherwise provided by paragraph (2) hereof for calendar year 1981; (2) Subject to the limitations of Section 8 of the Urban Residential Finance Authority Act (Ga. Laws 1979, p. 4662), as now or hereafter amended, all of the urban residential finance authorities created by said Urban Residential Finance Authority Act may issue single family residential housing bonds for any calendar year in a combined amount not to exceed 15 per cent of the state ceiling for that year, except that in calendar year 1981 such urban residential finance authorities may issue single family residential housing bonds in a combined amount not exceeding $50,000,000.00; (3) If by September 1 of each calendar year the urban residential finance authorities have not issued or have not indicated an intent to issue the maximum amount of single family residential housing bonds authorized in paragraph (2), the Georgia Residential Finance Authority is further authorized to issue additional single family residential housing bonds in an
Page 723
amount equal to the unused portion of the state ceiling authorized for the urban residential finance authorities. Indication of an intent to issue bonds shall be by official board action of the urban residential finance authority and by the provision of written notification thereof to the Georgia State Financing and Investment Commission. Section 8 . Said Act is further amended by striking subsections (a), (b), and (c) of Section 7A in their entirety and inserting in lieu thereof new subsections (a), (b), and (c) to read as follows: (a) The Authority may finance family farm mortgage loans by making, purchasing, participating in making, or purchasing participations in such mortgage loans where such loans are made to eligible persons and families under this Act and where such loans are for the construction, development, purchase, or rehabilitation of such land, housing, buildings or equipment as in the judgment of the authority have promise of operating as a family farm. Such loans may be for rehabilitation costs, 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 adopted by the authority. (b) The authority may finance family farm mortgage loans if the authority is satisfied that the following criteria are met at the time the loan is made: (1) that the applicant is a resident of the State of Georgia or shows sufficient evidence that he intends to

become a resident and that the applicant is living or will begin living on a family farm; (2) that the applicant has sufficient education, training, or experience in the type of farming for which he wishes the loan; (3) that the applicant, his dependents, and spouse have total net worth valued at less than $100,000.00, exclusive of the value of land and improvements owned by the family, and has demonstrated a need for the loan;
Page 724
(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; (6) that the applicant is creditworthy according to standards prescribed by the authority; (7) that family farming will be the applicant's primary occupation and that he demonstrate that he and his family reasonably expect to receive at least 50% of their combined family income from the operation of the family farm; and (8) that the applicant is not acquiring the land, equipment, building, or housing for sale or for purposes of obtaining an income tax deduction. (c) The authority is authorized to adopt and follow rules which construe the provisions of subsection (b) above and which provide guidelines for the authority in making determinations of an applicant's compliance with the provisions of subsection (b) above; the authority is further authorized to adopt rules which set out additional criteria for loan approval. The authority is specifically authorized to adopt rules governing assumptions of loans financed by the authority pursuant to this section. Section 9 . Said Act is further amended by striking subsection (a) of Section 9 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) 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 but not limited to the making, purchasing, participation in making, and purchasing of participations in mortgage loans for the acquisition, construction, or rehabilitation of residential housing for eligible persons and families, and for the acquisition, construction, or rehabilitation of community facilities appurtenant thereto, and for the acquisition of construction loan certificates and project loan certificates to finance the making of mortgage loans in
Page 725
connection with acquisition, construction, or rehabilitation of residential rental housing, and for the acquisition, construction, development, or rehabilitation of such residences, building, land, or equipment which have the promise of operating as a family farm or improving the operation of a family farm 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. (2) The authority shall not have outstanding at any one time bonds and notes for its single-family residential housing program in an aggregate principal amount exceeding 350 million dollars, excluding bonds and notes issued to refund outstanding bonds and notes. (3) The authority shall not have outstanding at any one time bonds and notes for its multifamily residential housing program in an aggregate principal amount exceeding 50 million dollars excluding bonds and notes issued to refund outstanding bonds and notes. (4) 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. (5) On or after May 1, 1981, the authority shall at no time comingle funds derived from the issue of bonds and notes used in its single-family residential housing program with either the funds derived from the issue of bonds and notes used in its multifamily residential housing program or its family farm program, nor shall the funds derived from the issue of bonds and notes used in its multifamily residential housing program be comingled with the funds derived from the issue of bonds and notes used in its family farm program. (6) On or after May 1, 1981, the funds derived from the issue of bonds and notes used in its single-family residential housing program shall not be liable for any deficit, default, or failure of either the multifamily residential housing program or the family farm program, nor shall the funds derived from the issue of bonds and notes used in the multifamily residential housing program be
Page 726
liable for any deficit, default, or failure of either the single-family residential housing program or the family farm program, nor shall the funds derived from the issue of bonds and notes used in the family farm program be liable for any deficit, default, or failure of either the single-family residential housing program or the multifamily residential housing program. (7) The fixing of the statutory maximums 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 maximums shall subsequently be increased by law.

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 7, 1981. GEORGIA BOARD OF DENTISTRY AMENDED. Code Chapter 84-7 Amended. No. 532 (House Bill No. 383). AN ACT To amend Code Chapter 84-7, relating to dentists and dental hygienists, as amended, so as to prohibit the use of general anesthesia by dentists without obtaining certain permits; to provide for definitions; to provide for permits and conditions for their issuance, renewal, and revocation; to provide for fees; to provide for provisional permits; to provide for exceptions; to provide for notice and hearing; to provide for summary action; to provide an effective date; to repeal conflicting laws; and for other purposes.
Page 727
Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 84-7, relating to dentists and dental hygienists, as amended, is hereby amended by adding immediately following Code Section 84-707, relating to duties of the Board as to examination of applicants for licenses to practice dentistry, a new Section to be designated Section 84707.1, to read as follows: 84-707.1. Use of general anesthesia by dentists. (a) For the purposes of this Section, `Board' means the Georgia Board of Dentistry established under this Chapter; and `general anesthesia' means any drug, element, or other material which results in the elimination of all sensations, accompanied by a state of unconsciousness as defined in the Guidelines for Teaching the Comprehensive Control of Pain and Anxiety in Dentistry , approved by the American Dental Association. (b) No dentist shall employ or use general anesthesia on an outpatient basis for dental patients unless such dentist is issued a permit by the Board. The dentist holding such permit shall be subject to review, and such permit shall be renewed biennially at the time the dentist is required to renew his license to practice dentistry. The Board shall provide for permit issuance and renewal fees not to exceed fifty dollars. (c) No dentist shall be issued a permit under this Section nor have such permit renewed unless the Board has received satisfactory evidence that such dentist (1) Has a properly equipped facility for the administration of general anesthesia and staffed with a supervised team of auxiliary personnel capable of reasonably handling procedures, problems, and emergencies incident thereto, according to standards promulgated by the Board. The Board may, at its discretion, require an on-site inspection of the facility, equipment, and personnel to determine whether the standards of this paragraph (1) are met; and (2) (A) Has completed a minimum of one year of advanced training, as approved by the Board, in anesthesiology and related academic subjects beyond the undergraduate dental school level; or
Page 728
(B) Is a diplomate of the American Board of Oral and Maxillofacial Surgery, or is eligible for examination by the American Board of Oral and Maxillofacial Surgery, or is a member of the American Association of Oral and Maxillofacial Surgeons, or is a Fellow of the American Dental Society of Anesthesiology; or (C) Employs or works in conjunction with a person who is duly licensed to practice medicine in this State and who is a member of the anesthesiology staff of an institution classified as a hospital and issued a permit as an institution under Code Section 881901, relating to definitions regarding hospitals and related institutions, as now or hereafter amended, provided that such anesthesiologist shall remain on the premises of the dental facility until any patient given a general anesthetic regains consciousness. (d) The Board may grant a provisional permit to any dentist who meets the requirements of subparagraphs (A), (B), or (C) of paragraph (2) of subsection (c) of this Section, but such permit shall expire one year after its issuance or upon the Board's determination that the requirements of paragraph (1) of subsection (c) have not been met, whichever occurs earlier. (e) Any dentist who has been using or employing general anesthesia prior to the effective date of this Section may continue such practice without a permit for no longer than twelve months after the effective date of this Section. (f) A permit may be revoked or not renewed if the Board determines that the dentist holding such permit no longer meets the requirements of subsection (c) of this Section. The Board shall provide notice and opportunity for hearing under the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as now or hereafter amended, in any case in which it refuses to issue or renew a permit, and in any case in which it revokes a permit, provided that summary action regarding such permit shall be authorized under Section 19 of said Act, 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.
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Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. INTEREST AND USURYRATE OF INTEREST ON COMMERCIAL ACCOUNTS. Code Title 57 Amended. No.

533 (House Bill No. 397). AN ACT To amend Code Title 57, relating to interest and usury, as amended, particularly by an Act approved March 20, 1980 (Ga. Laws 1980, p. 514), so as to repeal the provision relating to the reinstatement of a certain rate of interest; 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 57, relating to interest and usury, as amended, particularly by an Act approved March 20, 1980 (Ga. Laws 1980, p. 514), is hereby amended by striking Section 4 of the amendatory Act, approved March 20, 1980 (Ga. Laws 1980, p. 514), which reads as follows: 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., 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 April 7, 1981. GAME AND FISHHANDGUNS FOR HUNTING DEER. Code Section 45-403 Amended. No. 534 (House Bill No. 403). AN ACT To amend Code Section 45-503, relating to legal weapons for hunting, as amended, so as to change the requirements pertaining to handguns for hunting deer; 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 45-503, relating to legal weapons for hunting, as amended, is hereby amended by striking from the second sentence of subsection (c) the following: of the following calibers:.30 Herrett,.357 Herrett,.357 Automag,.41 Magnum,.41 Automag,.44 Magnum,.44 Automag, and.45 Automag may also be used for hunting deer, and inserting in lieu thereof the following: capable of delivering at least 500 foot pounds of energy at a distance of 100 yards may be used for hunting game animals,
Page 731
so that when so amended subsection (c) of Code Section 45-503 shall read as follows: (c) Firearms for hunting deer are limited to 20 gauge shotguns or larger shotguns loaded with slugs or buckshot (exception: no buckshot is permitted on State Wildlife Management Areas unless otherwise specified), muzzle loading rifles of.44 caliber or larger, and rifles using any center-fire cartridge.22 caliber or larger; provided, however, a.218 Bee;.22 Hornet;.25-20; 256 Magnum; guns using.30 caliber Army carbine cartridges;.32-20; 32-40;.357 Magnum;.38 Special;.38-40; and.44-40 shall not be used. Handguns with a barrel length of 5.9 inches or more, adjustable sights, and capable of delivering at least 500 foot pounds of energy at a distance of 100 yards may be used for hunting game animals. Bullets used in all rifles and handguns must be of the expanding type. It shall be unlawful for any person, when hunting with four or more other hunters, to use a handgun or rifle while hunting deer with dogs. 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 April 7, 1981.
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THE LENDER CREDIT CARD ACT AMENDEDANNUAL FEES. No. 535 (House Bill No. 414). AN ACT To amend The Lender Credit Card Act, approved March 14, 1969 (Ga. Laws 1969, p. 87), so as to authorize lenders to contract for and receive an annual basic card fee in connection with a lender credit card; to provide that a lender shall notify a debtor in writing that he has the right to surrender his lender credit card before imposing a basic card fee; to provide the manner of paying off a revolving loan account when a lender credit card is surrendered by a debtor; 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 Lender Credit Card Act, approved March 14, 1969 (Ga. Laws 1969, p. 87), is hereby amended by striking from the end of paragraph (3) the word and, and by striking the period at the end of paragraph (4) and inserting in lieu thereof the following: ; and, and by adding a new paragraph (5) to read as follows: (5) An annual basic card fee, which may be collected either once a year or in installments. A lender shall notify a debtor in writing that he has the right to surrender his lender credit card before imposing a basic card fee. If a debtor elects to surrender his card he shall have

the right to continue to pay off his revolving loan account in the same manner and under the same terms and conditions which were in effect on the effective date of this Act; provided, however, that in no event shall interest ever accrue on such fee. Section 2. The annual basic card fee shall not exceed $12.00 per year. 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 7, 1981. SUPERIOR COURT CLERKSVACANCIES, CHIEF DEPUTIES. Code Chapter 24-27 Amended. No. 536 (House Bill No. 415). AN ACT To amend Code Chapter 24-27, relating to superior court clerks, as amended, so as to authorize an alternative means of filling vacancies in the office of superior court clerk; to authorize the appointment of chief deputy clerks 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. Code Chapter 24-27, relating to superior court clerks, as amended, is hereby amended by designating the existing text of Code Section 24-2704, relating to vacancies, as subsection (a) and adding a new subsection (b) to read as follows: (b) In any county in which the position of chief deputy clerk has been created by law or in which a chief deputy clerk has been appointed pursuant to Code Section 24-2713, the chief deputy clerk shall succeed the clerk of superior court if a vacancy occurs; and the chief deputy clerk shall serve until the first day of January following the next general election which is held more than 30 days after the date the vacancy occurs. If a portion of the original term will remain unexpired after said first day of January, then a person to fill the vacancy for the remainder of the unexpired term shall be elected at said general election. In any such case, the other provisions of law for filling such a vacancy shall not apply.
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Section 2. Said Code chapter is further amended by adding at the end of Code Section 24-2713 the following: They shall also have the authority to appoint one of their deputies as chief deputy clerk unless otherwise provided by local law., so that when so amended said Code section shall read as follows: 24-2713. They also shall at the same time (except those appointed by the judges of the superior court, and those becoming clerk by operation of law) execute bond in the sum of $25,000 which amount may be increased in any county by local Act. They shall have the power to appoint a deputy or deputies, and may require from them bonds with good security, who shall take same oath as the clerks do before entering upon the discharge of their duties, and whose powers and duties are the same as long as the principal continues in office and not longer, for faithful performance of which they and their securities are bound. They shall also have the authority to appoint one of their deputies as chief deputy clerk unless otherwise provided by local 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 April 7, 1981.
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EDUCATIONGEORGIA HIGHER EDUCATION LOAN PROGRAM, ETC. Code Title 32 Amended. No. 537 (House Bill No. 416). AN ACT To amend Code Title 32, relative to education, as amended, particularly by an Act approved March 24, 1980 (Ga. Laws 1980, p. 835), so as to change the name of the educational loan program from the Georgia Educational Loan Program to the Georgia Higher Education Loan Program; to change the word commissioner to the word secretary; to change the legislative purpose of the corporation so as to improve higher educational opportunities by guaranteeing educational loans to eligible parents who may not be legal residents of this state; to strike the reference in the federal Act relating to federal interest subsidies; to change the reference to cosigner or cosigners to a comaker, cosigner or endorser; to strike the references in the federal Act relating to the specifications for state educational loan guarantee programs and the provisions for agreements between the secretary and state guaranty agencies; to strike the language which provides that any depreciable or other substantial asset shall be an asset of and part of the fund; to strike the references in the federal Act relating to eligible institutions and eligible lenders; to eliminate the necessity of a sworn certification relating to the legal residence of a student or parent; to strike the reference in the federal Act relating to special allowance payments; to provide that the educational loan trust fund assets and earnings thereon shall be used in accordance with the terms of agreements entered into in respect thereof; to provide that no bond proceeds may be expended for the making or the purchase of any loan unless it qualifies as an educational loan as defined in Code Section 32-3703(14); to provide that the authority is authorized to use moneys available in the fund to purchase guaranteed educational loans made by others; to provide that the authority is authorized to sell guaranteed loans made or owned by the authority to eligible lenders; to provide for educational loans to half-time students who are members of the Georgia

National Guard; to change the maximum loan amount for full-time students and to provide for the maximum loan amount for half-time students who are members of the Georgia National Guard; to provide for membership service cancellation of loans by half-time students who are members of the
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Georgia National Guard; to provide that the authority may repay to the corporation on behalf of the borrower all or a portion of the interest paid to the authority under certain conditions; to provide that the authority may consider certain service-cancelable loans as being earlier loans made to the borrower; to provide that certain funds and earnings shall be credited to the authority administration fund; to redefine approved school; to redefine eligible student; to change the amount of tuition equalization grants; to change the manner of reducing grants for certain programs when funds are not available to pay full grants; to reserve certain Code sections; to provide for a program of scholarships to attend North Georgia College; to provide for findings and purposes; to provide for eligibility for scholarships; to provide for the selection of nominees for scholarships by members of the General Assembly; to provide for a selection committee and its duties; to provide for the coverage of the scholarships; to provide requirements relative to failure to meet certain obligations; to provide for loss of eligibility for scholarships; to provide for administration and funding; to authorize the commission to use agency funds of the corporation to provide staff services and to perform administrative functions of the corporation of the authority; to provide for other matters relative to the foregoing; to provide for certain editorial changes; to provide for severability; to provide an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 32, relative to education, as amended, particularly by an Act approved March 24, 1980 (Ga. Laws 1980, p. 835), is hereby amended by striking Code Section 32-3301 in its entirety and inserting in lieu thereof a new Code Section 32-3301 to read as follows: 32-3301. Short title. This Code chapter shall be known and may be cited as the `Georgia Higher Education Assistance [Illegible Text] Act.' The educational loan program provided for in this Code chapter may be referred to and cited as the `Georgia Higher Education Loan Program.' Section 2. Said Code title is further amended by striking the word Commissioner in paragraph (3) of subsection (a) of Code Section 32-3302 and inserting in lieu thereof the word Secretary.
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Section 3. Said Code title is further amended by striking subsection (b) of Code Section 32-3302 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (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 loans to their eligible parent who may not be a legal resident of this state, so as to assure availability of the benefits of the federal Act and this Code chapter to eligible students and parents, schools and lenders. Section 4. Said Code title is further amended by striking the word commissioner in paragraph (8) of Code Section 323303 and inserting in lieu thereof the word secretary. Section 5. Said Code title is further amended by striking the words Georgia Educational Loan Program in paragraph (10) of Code Section 32-3303 in their entirety and inserting in lieu thereof the words Georgia Higher Education Loan Program. Section 6. Said Code title is further amended by striking paragraph (11) of Code Section 32-3303 in its entirety and inserting in lieu thereof a new paragraph (11) to read as follows: (11) `Secretary.' The United States Secretary of Education or any other official succeeding to the powers of such secretary under the federal Act. Section 7. Said Code title is further amended by striking the words Georgia Educational Loan Program in paragraphs (12) and (13) of Code Section 32-3303 in their entirety and inserting in lieu thereof the words Georgia Higher Education Loan Program. Section 8. Said Code title is further amended by striking the word commissioner in paragraph (16) of Code Section 32-3303 and inserting in lieu thereof the word secretary.
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Section 9. Said Code title is further amended by striking paragraphs (20) and (21) of Code Section 32-3303 in their entirety and inserting in lieu thereof new paragraphs (20) and (21) to read as follows: (20) `Federal interest subsidies.' The interest subsidy payments provided for in the federal Act. (21) `Special allowance payments.' The special allowance payments provided for in the federal Act. Section 10. Said Code title is further amended by striking the word cosigner in paragraph (23) of Code Section 32-3303 and inserting in lieu thereof the words and comma a comaker, cosigner or endorser. Section 11. Said Code title is further amended by striking the words Georgia Educational Loan Program in

subsection (a) of Code Section 32-3307 in their entirety and inserting in lieu thereof the words Georgia Higher Education Loan Program. Section 12. Said Code title is further amended by striking paragraph (3) of subsection (a) of Code Section 32-3307 in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) To enter into agreements and undertakings with the secretary (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 secretary of amounts expended by 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 Higher Education Loan Program so that such program conforms to the specifications for state educational loan guarantee programs set forth in the federal Act, and in rules and regulations promulgated pursuant to the federal Act, and so that the provisions for agreements between the secretary and state guaranty agencies set
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forth in the federal Act, and in rules and regulations promulgated pursuant to the federal Act, may be agreed to and complied with by the corporation. Section 13. Said Code title is further amended by striking the word commissioner in paragraphs (5) and (7) of subsection (a) of Code Section 32-3307 and inserting in lieu thereof the word secretary. Section 14. Said Code title is further amended by striking the word cosigners in paragraph (8) of subsection (a) of Code Section 32-3307 and inserting in lieu thereof the words and comma a comaker, cosigner or endorser. Section 15. Said Code title is further amended by striking the word commissioner in paragraphs (11) and (16) of subsection (a) of Code Section 323307 and inserting in lieu thereof the word secretary. Section 16. Said Code title is further amended by striking the word cosigners in paragraph (17) of subsection (a) of Code Section 32-3307 and inserting in lieu thereof the words and comma a comaker, cosigner or endorser. Section 17. Said Code title is further amended by striking the word commissioner in paragraph (18) of subsection (a) of Code Section 32-3307 and inserting in lieu thereof the word secretary. Section 18. Said Code title is further amended by striking the word cosigner in paragraph (24) of subsection (a) of Code Section 323307 and inserting in lieu thereof the words and comma a comaker, cosigner or endorser. Section 19. Said Code title is further amended by striking the word cosigners in subsection (b) of Code Section 32-3307 and inserting in lieu thereof the words and comma a comaker, cosigner or endorser. Section 20. Said Code title is further amended by striking subsection (c) of Code Section 32-3307 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
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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. Section 21. Said Code title is further amended by striking the word commissioner in the title and in subsection (a) of Code Section 32-3313 wherever the same shall appear and inserting in lieu thereof the word secretary. Section 22. Said Code title is further amended by striking the words and figure Section 428 of in Code Section 32-3314 in their entirety. Section 23. Said Code title is further amended by striking the words Georgia Educational Loan Program in Code Section 32-3315 in their entirety and inserting in lieu thereof the words Georgia Higher Education Loan Program. Section 24. Said Code title is further amended by striking the last sentence of subsection (a) of Code Section 32-3317, which reads as follows: 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., in its entirety. Section 25. Said Code title is further amended by striking Code Section 32-3318 in its entirety and inserting in lieu thereof a new Code Section 32-3318 to read as follows: 32-3318. School rights not vested. No school, and no class, type, or group of `eligible institutions,' as such term is defined in the federal Act, shall have a vested right to be approved by the corporation as a `school' for purposes of the Georgia Higher Education Loan Program, except in accordance with rules and regulations prescribed by the corporation. Section 26. Said Code title is further amended by striking Code Section 32-3319 in its entirety and inserting in lieu thereof a new Code Section 32-3319 to read as follows:
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32-3319. Certain lender rights not vested. No lender, and no class, type, or group of `eligible lenders,' as such term is defined in the federal Act, shall have a vested right to be approved by the corporation as a `lender' for purposes of the Georgia Higher Education Loan Program, except in accordance with rules and regulations prescribed by the corporation.

Section 27. Said Code title is further amended by striking Code Section 32-3334 in its entirety and inserting in lieu thereof a new Code Section 32-3334 to read as follows: 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 certification of his or her state of legal residence unless the lender or the corporation have and are aware of knowledge to the contrary. Section 28. Said Code title is further amended by striking the word commissioner in paragraph (8) of Code Section 32-3703 and inserting in lieu thereof the word secretary. Section 29. Said Code title is further amended by striking paragraph (10) of Code Section 32-3703 in its entirety and inserting in lieu thereof a new paragraph (10) to read as follows: (10) `Secretary.' The United States Secretary of Education or any official succeeding to the powers of such secretary under the federal Act. Section 30. Said Code title is further amended by striking the word commissioner in paragraph (14) of Code Section 32-3703 and inserting in lieu thereof the word secretary. Section 31. Said Code title is further amended by striking paragraphs (17) and (18) of Code Section 32-3703 in their entirety and inserting in lieu thereof new paragraphs (17) and (18) to read as follows: (17) `Federal interest subsidies.' The interest subsidy payments on educational loans provided for in the federal Act.
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(18) `Special allowance payments.' The special allowance payments on educational loans provided for in the federal Act. Section 32. Said Code title is further amended by striking the word cosigner in paragraph (20) of Code Section 32-3703 and inserting in lieu thereof the words and comma a comaker, cosigner or endorser. Section 33. Said Code title is further amended by striking subsection (c) of Code Section 32-3704 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (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 assets and earnings thereon shall be used in accordance with the terms of agreements entered into in respect thereof; and (3) that all moneys heretofore appropriated by the state 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. Section 34. Said Code title is further amended by striking the word cosigner in paragraph (13) of subsection (a) of Code Section 32-3707 and inserting in lieu thereof the words and comma a comaker, cosigner or endorser. Section 35. Said Code title is further amended by striking the words Georgia Educational Loan Program in Code Section 32-3726 in their entirety wherever the same shall appear and inserting in lieu thereof the words Georgia Higher Education Loan Program.
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Section 36. Said Code title is further amended by striking the words Georgia Educational Loan Program in Code Section 32-3728 in their entirety wherever the same shall appear and inserting in lieu thereof the words Georgia Higher Education Loan Program. Section 37. Said Code title is further amended by striking subsection (b) of Code Section 32-3730 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (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 loan unless such loan is an educational loan as defined in Code Section 32-3703(14). Section 38. Said Code title is further amended by strikign the words Georgia Educational Loan Program in Code Section 32-3746 in their entirety and inserting in lieu thereof the words Georgia Higher Education Loan Program. Section 39. Said Code title is further amended by striking the words Georgia Educational Loan Program in Code Section 32-3748 in their entirety and inserting in lieu thereof the words Georgia Higher Education Loan Program. Section 40. Said Code title is further amended by striking subsection (a) of Code Section 32-3749 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (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
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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. The authority is further authorized, under such limited circumstances as it may prescribe, to use moneys available in the fund to purchase guaranteed educational loans made by other lenders under Code Chapter 32-33, and to sell guaranteed educational loans made or owned by the authority to eligible lenders. Section 41. Said Code title is further amended by striking paragraph (2) of subsection (b) of Code Section 32-3750 in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (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 vocationaltechnical 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. Educational loans may be made to full-time and half-time students. The maximum loan amount for full-time students shall not exceed $800.00 per academic year and the maximum loan amount for half-time students shall not exceed $400.00 per academic year. Such loans shall be repayable in cash, with interest thereon, or, upon graduation, termination of enrollment in school, or termination of this assistance with approval of the authority, be canceled in consideration of the student's retaining membership in the Georgia National Guard. Loans made to full-time students shall be canceled on the basis of one year of membership service for each year of full-time academic study. Loans made to half-time students shall be canceled on the basis of six months of membership service for each year of half-time academic study. 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.
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Section 42. Said Code title is further amended by adding a new subsection (d) at the end of Code Section 32-3750 to read as follows: (d) If the corporation, pursuant to Code Section 32-3314, pays or has paid interest to the authority on a service-cancelable loan made under the provisions of this section, and the borrower repays all or a portion of the loan through services rendered as provided for in this section, the authority shall, in accordance with its regulations and in consideration of the services rendered by the borrower, repay to the corporation on behalf of the borrower all or a portion of the interest paid to the authority by the corporation under Code Section 32-3314. To the extent that this subsection does not apply to all service-cancelable loans made to a borrower pursuant to this section, the authority is authorized, for purposes of this subsection, to consider the loans made that are the subject of this subsection as being the earlier loans made to the borrower. Section 43. Said Code title is further amended by striking Code Section 32-3753 in its entirety and inserting in lieu thereof a new Code Section 32-3753 to read as follows: 32-3753. Income credited to authority administration fund. All income earned by the authority on funds held under the provisions of this article, including earnings on educational loan trust fund assets unless otherwise provided for in the terms of such trust fund agreements, 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. Section 44. Said Code title is further amended by striking the word commissioner in Code Section 32-3755 and inserting in lieu thereof the word secretary. Section 45. Said Code title is further amended by striking Code Section 32-3759 in its entirety and inserting in lieu thereof a new Code Section 323759 to read as follows: 32-3759. Definitions. For purposes of this article, the following terms shall have the meanings respectively prescribed for them by this section:
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(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 is not a bible school or college (or, at the graduate level, a school or college of theology or divinity) and which is not presently receiving state funds under Code Section 32-156 through 32-164, the Junior College Act of 1958, as amended; provided, however, that an institution which otherwise meets the 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 period 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), and (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. 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 Offender Rehabilitation. (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. Section 46. Said Code title is further amended by striking Code Section 32-3760 in its entirety and inserting in lieu thereof a new Code Section 32-3760 to read as follows: 32-3760. Tuition equalization grants. There is hereby granted to each eligible student the sum of not less than $600.00 nor more than
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$800.00 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 students attending approved schools at all levels and throughout the entire calendar year whenever sufficient funds are available to the state. Section 47. Said Code title is further amended by striking Code Section 32-3762 in its entirety and inserting in lieu thereof a new Code Section 32-3762 to read as follows: 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 shall be reduced by the authority on a pro rata basis. Section 48. Said Code title is further amended by striking Code Section 32-3770 in its entirety and inserting in lieu thereof a new Code Section 32-3770 to read as follows: 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 shall be reduced by the authority on a pro rata basis. Section 49. Said Code title is further amended by adding at the end of Article 7 the following: 32-3780. (Reserved). Section 50. Said Code title is further amended by adding at the end of Article 8 the following: 32-3782. (Reserved). Section 51. Said Code title is further amended by adding a new Article 9 at the end of Code Chapter 32-37 to read as follows:
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ARTICLE 9 NORTH GEORGIA COLLEGE MILITARY SCHOLARSHIPS 32-3783. Legislative findings and purpose. The General Assembly finds that 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 and that 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. The purpose of the General Assembly, as provided for in this article, is 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. 32-3784. Eligibility. (a) In order for a student to qualify as a nominee for and to be a recipient of a scholarship under this article, 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. (b) If selected as a recipient of a scholarship under this article, 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.
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(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 or the United States Army. (c) No recipient of a scholarship under this article shall be eligible to receive financial aid assistance under any other student financial aid program authorized by the laws of Georgia. 32-3785. Selection process. The authority shall establish and promulgate, consistent with the provisions of this article, criteria for the eligibility and award of such scholarships. The authority 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 authority by members of the General Assembly. From the 50 persons so nominated, ten shall be selected as scholarship recipients as provided in Code Section 32-3786. 32-3786. The selection committee. (a) For the purpose of receiving nominees submitted under Code Section 32-3785, there is hereby created a selection committee, the membership of which shall be as follows: (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.
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(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 Student Finance Authority or his designated representative. (b) It shall be the duty of the selection committee to select one person to receive a scholarship under this article from each congressional district from the five nominees from each congressional district submitted to the committee pursuant to Code Section 32-3785. 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 authority of the names and addresses of the recipients of the scholarships. (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. 32-3787. Scholarship awards. Scholarship awards made under this article shall cover all costs for room, board, matriculation, fees, uniform deposits, and an allowance for books and supplies. Scholarship assistance may be provided to a recipient under this article for a maximum period of 12 academic quarters.
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32-3788. Failure to meet obligation. (a) If the recipient of a scholarship under this article fails to honor his or her obligation to serve in the Georgia Army National Guard or the United States Army as provided in Code Section 323784(b)(6), 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 United States Army; or (2) Pay to the authority an amount equal to the amount of scholarship assistance received by the recipient under this article, such amount to be paid, in accordance with regulations of the authority, within five years after the recipient graduates from or terminates his or her enrollment in 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 authority and the selection committee, is unable to honor the obligation provided for in Code Section 32-3784(b)(6). 32-3789. Loss of scholarship. If at any time a recipient of a scholarship fails to meet the standards and requirements for continued eligibility as provided by the selection committee pursuant to Code Section 32-3786(c), such recipient shall thereby lose eligibility for the scholarship and shall be obligated to repay the same as provided in Code Section 32-3788. The selection committee shall promptly notify the authority when a recipient loses eligibility hereunder. 32-3790. Administration. The authority shall, consistent with the provisions of this article, promulgate such rules and regulations as may be necessary to administer the scholarship program provided for in this article. The funds necessary to carry out the provisions of this article shall be paid from funds appropriated to the

authority for the purposes of this article. Section 52. Said Code title is further amended by adding a new sentence at the end of subsection (h) of Code Section 32-3107 to read as follows: In light of the commercial nature of operations of the corporation and the authority relative to educational loans and the need for timely and adequate servicing of loan accounts, the commission, in its
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discretion and with approval of the Office of Planning and Budget, is authorized to budget and use agency funds of the corporation and the authority respectively as it may deem necessary to provide staff services to and to perform administrative functions of the corporation and the authority respectively., so that subsection (h), when so amended, shall read as follows: (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. In light of the commercial nature of operations of the corporation and the authority relative to educational loans and the need for timely and adequate servicing of loan accounts, the commission, in its discretion and with approval of the Office of Planning and Budget, is authorized to budget and use agency funds of the corporation and the authority respectively as it may deem necessary to provide staff services to and to perform administrative functions of the corporation and the authority respectively. Section 53 . 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 54 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 55 . An Act known as the Georgia Military Scholarship Act, approved March 31, 1980 (Ga. Laws 1980, p. 1292), is hereby repealed in its entirety.
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Section 56 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. CREDIT UNIONSOUT OF STATE CREDIT UNIONS MAY DO BUSINESS IN GEORGIA. Code Chapter 41A-30 Amended. No. 538 (House Bill No. 423). AN ACT To amend Code Chapter 41A-30, relating to general provisions and organization of credit unions, as amended, so as to authorize out-of-state credit unions to establish a place of business within the state with the approval of the Department of Banking and Finance; to provide for criteria and examinations; to provide for reciprocity; 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 41A-30, relating to general provisions and organization of credit unions, as amended, is hereby amended by adding a new Code Section 41A-3008 immediately following Code Section 41A-3007 to read as follows: 41A-3008. Out-of-state credit unions. (a) A credit union organized in another state may conduct business and establish a place of business in this state with the approval of the department. The department must find that the out-of-state credit union: (1) Is a credit union organized under laws of a state other than the State of Georgia or of the United States which grants similar authority to credit unions organized under the laws of this state;
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(2) Is financially solvent and operates in conformance with the laws and regulations of its charter jurisdiction; (3) Has deposit insurance comparable to that required for credit unions chartered in this state; and (4) Needs to establish a place of business in this state to serve adequately its members in this state. (b) The out-of-state credit union must agree to: (1) Grant loans at rates not in excess of the rates permitted for credit unions incorporated under the laws of Georgia; (2) Comply with the same consumer protection provisions that credit unions incorporated under this Code must obey; and (3) Designate and maintain an agent for the service of process in this state. (c) The Department of Banking and Finance may examine the operations of any out-of-state credit union for the purpose of determining that the scope of its activities do not exceed that allowed pursuant to this Code and that the facility is otherwise operating in compliance with the applicable laws of this state. The department may by regulation establish minimum requirements for the maintenance of books and records in sufficient form to enable the department to carry out its responsibilities hereunder. (d) The department may enter into cooperative and reciprocal agreements with the credit union regulatory authority of any

government for the periodic examination of credit union offices and facilities of any kind located within this state and may accept reports from such authorities in lieu of conducting its own examination for compliance with the laws of this state. (e) A credit union which is approved hereunder shall be exempt from the requirements of Chapter 22-14, as amended. 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 April 7, 1981. COMPENSATION OF COUNTY BOARDS OF EDUCATION IN CERTAIN COUNTIES (400,000 - 600,000) (400,000 - 525,000). Code Section 32-904 Amended. No. 539 (House Bill No. 424). AN ACT To amend Code Section 32-904, relating to the compensation of members of county boards of education, as amended, so as to change the compensation of the chairman and members of the board of education of certain counties; to change a population requirement; 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 32-904, relating to the compensation of members of county boards of education, as amended, is hereby amended by striking in its entirety the undesignated paragraph of Code Section 32-904 which reads as follows: The chairman and members of the county boards of education of all counties of this State having a population of not less than 400,000 nor more than 600,000 according to the United States Decennial Census of 1970 or any future such census shall each be paid $300.00 per month as their entire compensation for services rendered and for attendance at all regular and special meetings of said county boards of education.,
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and substituting in lieu thereof a new undesignated paragraph to read as follows: The chairman and members of the county boards of education of all counties of this State having a population of not less than 400,000 nor more than 525,000 according to the United States Decennial Census of 1970 or any future such census shall each be paid $500.00 per month as their entire compensation for services rendered and for attendance at all regular and special meetings of said county boards of education. 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 April 7, 1981. EDUCATIONIMMUNIZATION OF CHILDREN ENTERING PUBLIC SCHOOLS, ETC. Code Chapter 32-9 Amended. No. 540 (House Bill No. 427). AN ACT To amend Code Chapter 32-9, relating to county boards of education, as amended, particularly by an Act approved April 17, 1979 (Ga. Laws 1979, p. 1284), so as to require immunization of children entering public and private schools, day-care centers and nurseries; to define terms; to provide for procedures, rules, and regulations; to declare crimes and penalties; to provide exceptions; to amend the Children and Youth Act, approved March 14, 1963 (Ga. Laws 1963, p. 81), as amended, particularly by an Act approved March 23, 1977
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(Ga. Laws 1977, p. 787), so as to delete provisions on the above subjects; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 32-9, relating to county boards of education, as amended, particularly by an Act approved April 17, 1979 (Ga. Laws 1979, p. 1284), is hereby amended by striking Code Section 32-911 and inserting in its place a new Code section to read as follows: 32-911. Immunization. (a) As used in this Code section, the following terms have the following meanings: (1) `Certificate of immunization' means immunization shall be deemed to exist when certification is made by a physician licensed under the laws of this state or from an appropriate official of a local board of health, on a form provided by the Department of Human Resources, that a certain named person has been immunized in accordance with the applicable rules and regulations of the Department of Human Resources. (2) `Facility' means any public or private day-care center or nursery intended for the care, supervision, or instruction of children. (3) `Responsible official' means a school superintendent, a school principal, or a chief operating officer of a school or facility. (4) `School' means any public or private educational program or institution instructing children at any level or levels, kindergarten through twelfth grade, or children of ages five through 19 if grade divisions are not used. (b) No child shall be admitted to or attend any school or facility in this state unless such child shall first have submitted a certificate of immunization to the responsible official of the school or facility. The responsible official of any school or facility may grant a waiver of the certification requirement for a justified reason. The waiver may extend from the date of first admittance or of first attendance, whichever is earlier, for 30 calendar days. The waiver may not be extended beyond 30 calendar days, and

upon expiration of the waiver,
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the child shall not be admitted to or permitted to attend the school or facility unless the child submits a certificate of immunization. (c) The Department of Human Resources shall promulgate rules and regulations specifying those diseases against which immunization is required and the standards for such immunizations. The school or facility shall maintain on file the certificates of immunization for all children attending the school or facility. All facilities shall file a report annually with the Department of Human Resources. The report shall be filed on forms prepared by the Department of Human Resources and shall state the number of children attending the school or facility, the number of children who did not submit certificates of immunization within the waiver period, and the number of children who are exempted from the certification requirement for medical or religious reasons. (d) Any responsible official permitting any child to remain in a school or facility in violation of this Code section and any parent or guardian of any child who intentionally does not comply with the provisions of this Code section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $100.00 or by imprisonment for not more than 12 months. The Department of Human Resources may adopt rules and regulations for the enforcement of this Code section. The Department of Human Resources and the local board of health or either of them may institute a civil action in the superior court of the county in which the defendant resides for injunctive relief to prevent a threatened or continuing violation of any provision of this Code section. (e) If, after examination by the local board of health or any physician licensed under the laws of this state, or of any other state having comparable laws governing the licensure of physicians, any child to whom this Code section applies is found to have any physical disability which may make vaccination undesirable, a certificate to that effect issued by the local board of health or such physician licensed under the laws of this or such other state may be accepted in lieu of a certificate of immunization and shall exempt the child from having a certificate of immunization until the disability is relieved. (f) The provisions of this Code section shall not apply to a child whose parent or legal guardian objects to immunization of the child on the grounds that such immunization conflicts with the religious beliefs of the parent or guardian; however, the immunization may be
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required in cases when such disease is in epidemic stages. For a child to be exempt from immunizations on religious grounds, the parent or guardian must first furnish the responsible official of the school or facility an affidavit in which the parent or guardian swears or affirms that the immunization required conflicts with the religious beliefs of the parent or guardian. (g) During an epidemic or a threatened epidemic of any disease preventable by an immunization required by the Department of Human Resources, unimmunized children may be excluded from the school or facility until: (1) They are immunized against the disease, unless they present valid evidence or prior disease; or (2) The epidemic or threat no longer constitutes a significant public health danger. (h) The certification requirement shall become effective for all children entering or attending facilities upon the effective date of this Act. The certification requirement shall apply to all children entering or attending schools: (1) On September 1, 1981, for all such children entering or attending kindergarten or the first, ninth, tenth, eleventh or twelfth grades, or of the equivalent ages if grade divisions are not used; (2) On September 1, 1982, for all such children entering or attending all grades, or of all ages if grade divisions are not used. Section 2. The Children and Youth Act, approved March 14, 1963 (Ga. Laws 1963, p. 81), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 787), is hereby amended by striking in its entirety Section 27, relating to immunization of children attending day-care centers. 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 7, 1981. INSURANCE PREMIUM FINANCE COMPANY ACT AMENDED. No. 541 (House Bill No. 428). 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 March 21, 1970 (Ga. Laws 1970, p. 567) and an Act approved April 16, 1979 (Ga. Laws 1979, p. 1076), so as to provide definitions; to change the maximum service charge and additional charge permitted to be charged by a premium finance company; to provide for service charges in commercial insurance premium finance agreements; to provide that, under certain conditions, usury shall not be a valid claim or defense to a commercial insurance premium finance agreement; to change the provisions relative to cancellation charges; to provide an effective date; to provide for applicability; 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 March 21, 1970 (Ga. Laws 1970, p. 567) and an Act approved April 16, 1979 (Ga. Laws 1979, p. 1076), is hereby amended by striking from paragraph (4) of subsection (c) of Section 9 of said Act, relating to form of premium finance agreements, the following:
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of up to $12.00, and inserting in lieu thereof the following: as provided in Section 10 of this Act, so that when so amended, paragraph (4) of subsection (c) of Section 9 of said Act shall read as follows: (4) The amount of the service charge, including the additional charge as provided in Section 10 of this Act;. Section 2. Said Act is further amended by striking Section 10 of said Act, relating to maximum service charges, in its entirety and inserting in lieu thereof a new Section 10 to read as follows: Section 10. Maximum service charge. (a) For the purposes of this section, `consumer insurance premium finance agreement' means an insurance premium finance agreement as defined in Section 3 wherein the insurance contracts which are the subject of the premium finance agreement are for personal, family, or household purposes or where the premiums for those agreements are $3,000.00 or less. For the purposes of this section, `commercial insurance premium finance agreement' means any insurance premium finance agreement other than a consumer premium finance agreement. (b) (1) A premium finance company shall not charge, contract for, receive, or collect a service charge other than as permitted by this Act. (2) The service charge shall be computed on the balance of the premiums due (after subtracting the down payment made by the insured in accordance with the premium finance agreement) from the effective date of the insurance coverage, for which the premiums are being advanced, to and including the date when the final payment of the premium finance agreement is payable. (3) The service charge per consumer insurance premium finance agreement shall be a maximum of $12.00 per $100.00 per annum plus an additional charge, which shall not exceed $20.00 per premium finance agreement, which additional charge need not be refunded upon prepayment.
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(c) Any insured may prepay his premium finance agreement in full at any time before due date of the final payment and in such event the unearned service charge shall be refunded in accordance with the Rule of 78 and shall represent at least as great a proportion of the service charge, if any, as the sum of the periodic balances after the month in which prepayment is made bears to the sum of all periodic balances under the schedule of payments in the agreement. (d) The service charge for a commercial insurance premium finance agreement shall be properly agreed upon by the parties to the contract. The claim or defense of usury by such insureds who enter into such a commercial insurance premium finance agreement or their successors or anyone in their behalf shall not be valid if such agreement is a valid contract in all other respects. Section 3. Said Act is further amended by striking Section 11 of said Act, relating to delinquency charges, in its entirety and inserting in lieu thereof a new Section 11 to read as follows: Section 11. Delinquency charges. A premium finance agreement may provide for the payment by the insured of a delinquency charge of $1.50 to a maximum of 5% of the delinquent payment on any payment which is in default for a period of five days or more. If the default results in the cancellation of any insurance contract listed in the agreement, the agreement may provide for the payment by the insured of a cancellation charge of $15.00 in the case of a commercial insurance premium finance agreement and $5.00 in the case of a consumer insurance premium finance agreement. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. The provisions of this Act shall apply to all insurance premium finance agreements entered into on or after the date this Act is signed by the Governor or on which it becomes law without his approval. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981.
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PROFESSIONAL ENGINEERS AND LAND SURVEYORSACT AMENDED. Code Chapter 84-21 Amended. No. 542 (House Bill No. 429). AN ACT To amend Code Chapter 84-21, relating to Professional Engineers and Land Surveyors, so as to change the ways in which persons may become eligible for certification as a Land Surveyor-inTraining or Land Surveyor; to delete certain obsolete provisions pertaining thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 84-2114, relating to Land Surveyor-in-Training certificates, is hereby amended by striking from paragraph (iii) of subparagraph (a) the following: six (6), and inserting in lieu thereof the word: four, so that when so amended, said Code section shall read as follows: Section 84-2114. Land Surveyor-in-Training Certificate. To be eligible for certification as a Land Surveyor-in-Training, an applicant must meet the following

minimum requirements: (a) (i) Earn a bachelor's degree in a curriculum approved by the Board, (a) in which the applicant has acquired a minimum of fifteen (15) quarter hours credit, or its equivalent, in land surveying subjects, or (b) subsequent to which the applicant has acquired a minimum of fifteen (15) quarter hours credit, or its equivalent, in land surveying subjects in a course of study approved by the Board; or
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(ii) Earn an associate degree, or its equivalent, in a curriculum approved by the Board, (a) in which the applicant has acquired a minimum of fifteen (15) quarter hours credit, or its equivalent, in land surveying subjects, or (b) subsequent to which the applicant acquired a minimum of fifteen (15) quarter hours credit, or its equivalent, in land surveying subjects in a course of study approved by the Board, and (c) acquired not less than two years of combined office and field experience in land surveying of a nature satisfactory to the Board; or (iii) Earn a high school diploma, or its equivalent and, in addition, complete courses of study necessary for land surveying of an amount and character satisfactory to the Board, and acquire not less than four years' experience in land surveying of a nature satisfactory to the Board; and (b) Subsequently pass the Board's written examination in the fundamentals of land surveying (Land Surveyor-in-Training examination). Section 2. Code Section 84-2115, relating to Land Surveyor certificates of registration, is hereby amended by striking subsections (d) and (e) in their entirety so that when so amended said Code section shall read as follows: Section 84-2115. Land Surveyor Certificate of Registration. To be eligible for a certificate of registration as a Land Surveyor, an applicant must meet the following minimum requirements: (a) (i) Obtain certification as a Land Surveyor-in-Training under subsections (a) (i) and (b) of section 84-2114; and (ii) Acquire a specific record of the equivalent of not less than four years of combined office and field experience in land surveying with a minimum of three years' experience in responsible charge of land surveying projects under the supervision of a registered Land Surveyor, or such other supervision deemed by the Board to be the equivalent thereof; and (iii) Subsequently pass a written examination on the principles and practices of land surveying and the laws of Georgia relating to land surveying (Land Surveyor examination); or
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(b) (i) Obtain certification as a Land Surveyor-in-Training under subsections (a) (ii) and (b) of section 84-2114; and (ii) Acquire an additional specific record of the equivalent of not less than four years of combined office and field experience in land surveying which, together with the qualifying experience under section 84-2114 (a) (ii), includes not less than four years' experience in responsible charge of land surveying projects under the supervision of a registered Land Surveyor, or such other supervision deemed by the Board to be the equivalent thereof; and (iii) Subsequently pass a written examination on the principles and practices of land surveying and the laws of Georgia relating to land surveying (Land Surveyor examination); or (c) (i) Obtain certification as a Land Surveyor-in-Training under subsections (a) (iii) and (b) of section 82-2114; and (ii) Acquire an additional specific record of not less than four years of experience in land surveying which, together with the qualifying experience under section 84-2114 (a) (iii), includes not less than six years' experience in responsible charge of land surveying under the supervision of a registered Land Surveyor or such other supervision deemed by the Board to be the equivalent thereof; and of a grade and character satisfactory to the Board indicating that the applicant is competent to practice land surveying; and (iii) Subsequently pass a written examination on the principles and practices of land surveying and laws of Georgia relating to land surveying (Land Surveyor examination). 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 April 7, 1981.
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ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDEDSCHOOL BUS DRIVERS. No. 543 (House Bill No. 433). 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 16, 1979 (Ga. Laws 1979, p. 1055), so as to change the provisions relative to the minimum salary for school bus drivers; 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 April 16, 1979 (Ga. Laws 1979, p. 1055), is hereby amended by striking from subsection (b) of Section 25 the following: $250, and inserting in lieu thereof the following: $316, so that when so amended subsection (b) of Section 25 shall read as follows: (b) The State Board shall establish a schedule of uniform minimum salaries that shall be paid by local units to drivers of school buses, regardless of type of ownership, which shall be not less

than $316 per month for 12 months. The minimum salary schedule shall not apply to drivers of cars and other vehicles not designated as school buses. County, area school, or independent systems shall not pay to any bus driver in its employment a salary less than that prescribed by the uniform minimum salary schedule, but shall have the authority to supplement the salary of a bus driver employed by the county, area school, or independent system. The expense of purchasing, maintaining and operating such buses, regardless of type of ownership, shall not be considered in establishing the schedule of
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uniform minimum salaries for school bus drivers. The schedule of uniform minimum salaries shall be used as a standard cost item for the purpose of calculating the expense of pupil transportation under subsection (a) of this Section. This Section shall not apply to student or teacher drivers. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. USED CAR DEALERS' REGISTRATION ACT AMENDED. No. 544 (House Bill No. 446). 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 by an Act approved March 9, 1960 (Ga. Laws 1960, p. 801), an Act approved February 20, 1968 (Ga. Laws 1968, p. 23), and an Act approved March 31, 1980 (Ga. Laws 1980, p. 1286), so as to provide for compensation of the board; to authorize the State Board of Registration of Used Car Dealers to deny or to refuse to renew a license upon certain enumerated grounds and to probate a suspension or revocation of a license; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Used Car Dealers' Registration Act, approved February 20, 1958 (Ga. Laws 1958, p. 55), as amended by an Act approved March 9, 1960 (Ga. Laws 1960, p. 801), an Act approved February 20, 1968 (Ga. Laws 1968, p. 23), and an Act approved March 31, 1980 (Ga. Laws 1980, p. 1286), is hereby amended by striking in its entirety Section 6 of said Act, which reads as follows:
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Section 6. The board shall meet as often as is necessary upon the call of the chairman to perform the duties imposed upon it by the terms of this Act. The members of the board shall be paid the sum of $20.00 per day for each day spent in actual attendance at meetings of the board or while on official business, and actual transportation expenses or mileage at the rate provided by law. Provided, however, that the per diem and other expenses of a member shall not exceed nine hundred ($900.00) dollars per annum., and substituting in lieu thereof the following: Section 6. Members of the board shall receive an expense allowance of $44.00 per day 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. Such members shall also 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 2. Said Act is further amended by striking subsection (b) of Section 7 of said Act, which reads as follows: (b) To suspend or revoke dealers' licenses., and substituting in lieu thereof the following: (b) To deny a license or refuse to renew a license, or to suspend or revoke a dealer's license, including the power to probate a suspension or revocation. 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 7, 1981. GEORGIA CIVIL PRACTICE ACT AMENDEDDEFAULT JUDGMENTS. No. 545 (House Bill No. 453). AN ACT To amend an Act known as the Georgia Civil Practice Act, approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended, particularly by an Act approved March 30, 1967 (Ga. Laws 1967, p. 226), 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. An Act known as the Georgia Civil Practice Act, approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended, particularly by an Act approved March 30, 1967 (Ga. Laws 1967, p. 226), is hereby amended by striking from subsection (a) of Section 55 thereof the following: as to actions ex contractu, and before a jury as to actions ex delicto, so that when so amended subsection (a) of Section 55 shall read as follows: (a) Default judgment. If in any case an answer has not been filed within the time required by this Act, such case shall automatically become in default unless the time for filing the answer has been extended as provided by law. The default may be opened as a matter

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of right by the filing of such defenses within fifteen days of the day of default, upon the payment of costs. If the case is still in default after the expiration of such period of fifteen days, the plaintiff, at any time thereafter shall be entitled to verdict and judgment by default, 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 of the defendant to introduce evidence as to damages and the right of either to move for a new trial in respect of such damages; provided, however, in the event a defendant, though in default, has placed damages in issue by filing a pleading raising such issue, either party shall be entitled, upon demand, to a jury trial of the issue as to damages. An action based upon open account shall not be considered one for unliquidated damages within the meaning of this 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 April 7, 1981. DOMESTIC INTERNATIONAL BANKING FACILITY ACT. No. 546 (House Bill No. 459). AN ACT To authorize the establishment and operation of domestic international banking facilities within this state; to provide for a short title; to provide for definitions; to provide the procedures for establishing and operating such facilities; to provide for the rejection of
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registration by the Department of Banking and Finance under certain conditions; to provide for the examination and supervision of such facilities; 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 as the Domestic International Banking Facility Act. Section 2. Definitions. (a) As used in this Act, the term domestic international banking facility means the location within this state of any banking office, other than an international bank agency as defined in Code Section 41A-3301 of the Financial Institutions Code of Georgia, which derives its funds (1) from sources outside of the United States, (2) from another domestic international banking facility, or (3) from temporary advances from its parent organization and employs those funds for banking purposes outside of the United States or through its parent organization, but does not accept deposits subject to check or draft. (b) A domestic international banking facility when properly established pursuant to this Act shall not be considered to be a parent bank, branch bank, bank office, or bank facility as defined in Code Section 13-201.1, relating to certain definitions, as now or hereafter amended. Section 3. Domestic international banking facilities; establishment and operation. (a) Any bank, whether domiciled within this state or elsewhere and having total capital funds of $25 million or more as reported to its chartering authority as of December 31 of each year, may establish and operate a domestic international banking facility in this state upon compliance with the provisions of this Act. Any bank having total capital funds of $25 million or less may establish such facility upon compliance with the provisions of this Act and upon further obtaining the approval of the department. The department shall grant such approval only after it has satisfied itself that the registrant is financially sound, is operating in substantial conformity with all applicable laws and regulations, and is, along with its principals, of good character and reputation. (b) Prior to establishing a domestic international banking facility and annually thereafter for so long as the facility shall continue in
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this state, the bank shall register with the Department of Banking and Finance on such forms as the department shall prescribe and pay a registration fee as determined by the department. Such registration shall include: (1) The name and main office address of the registrant; (2) The address at which the facility is to be located; (3) The names of the individuals responsible for administering the business affairs of the facility in Georgia; (4) The name and address of the chartering authority for the registrant; (5) A resolution from the board of directors or other governing body of the registrant authorizing the establishment of the facility; (6) A statement of the registrant that it has the legal capacity under the laws pursuant to which it is organized to establish the facility and that its chartering authority (and regulatory authority if different) interposes no objection to the establishment of such facility; and (7) Such other information as the department may require. Information required in paragraphs (5) and (6) need not be resubmitted upon renewal of a registration. The facility shall promptly notify the department of any change in the management or location of the facility. (c) The domestic international banking facility shall maintain records of its business activities separate from records of the domestic banking activities of its parent or head office. (d) The domestic international banking facility shall not be

subject to any tax or license fee in this state by virtue of its business location in this state or its business activities outside of this state. Section 4. Rejection of registration. (a) The department may revoke any registration or reject any application to register or renew a registration for a domestic international banking facility upon a finding that:
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(1) The facility no longer qualifies to register under the provisions of this Act; or (2) The scope of the business conducted by the facility exceeds that authorized by this Act; or (3) The chartering authority of the parent bank of the facility requests such action in writing; or (4) The department determines, on its own initiative or otherwise, that representations made by the registrant including, but not limited to, representations under paragraph (6) of subsection (b) of Section 3 are inaccurate. (b) No facility whose registration has been rejected by the department may establish an international banking facility in this state. Section 5. Examination and supervision. (a) The Department of Banking and Finance may examine the operations of any domestic international banking facility for the purpose of determining that the scope of its activities does not exceed that allowed pursuant to this Act and that the facility is otherwise operating in compliance with the applicable laws of this state. The department may by regulation establish minimum requirements for the maintenance of books and records in sufficient form to enable the department to carry out its responsibilities hereunder. (b) The department may enter into cooperative and reciprocal agreements with the bank regulatory authority of any government for the periodic examination of banking offices and facilities of any kind, including domestic international banking facilities, located within this state and may accept reports from such authorities in lieu of conducting its own examination for compliance with laws of this state. Section 6. 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
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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 7. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 8. General repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDEDCAPITAL FACILITY IMPROVEMENTS. No. 547 (House Bill No. 469). 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 the provisions relating to capital facility improvements; to provide financial support for the construction of adequate facilities when two or more systems agree to combine in a certain 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 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 (g) of Section 48 a new paragraph to read as follows:
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When two or more systems agree to combine the total high school pupil populations either in grades 7-12, 8-12, or 9-12 across system lines for the purpose of developing a comprehensive curriculum, the State Board of Education is directed to provide full financial support for the construction of adequate facilities to house the proposed program as recommended by the educational facilities survey. This type project shall be funded in addition to the entitlements as determined above. The needs of the participating systems as determined in subsection (f) shall be reduced by the effect of funding this type project prior to the determination of the current annual entitlement. 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 7, 1981. INTANGIBLE RECORDING TAX EXEMPTION. Code Section 91A-3213 Amended. No. 549 (House Bill No. 475). AN ACT To amend Code Chapter 91A-32, relating to intangible recording tax, so as to exempt from taxation that part of the face amount of a long-term note secured by real estate which represents a refinancing of unpaid principal on a previous long-term note secured by real estate; to place conditions on said exemption; 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 91A-32, relating to intangible recording tax, is hereby amended by striking Code Section 91A3213, relating to instruments not subject to intangible recording tax, and inserting in its place a new Code Section 91A3213 to read as follows: 91A-3213. No additional tax for extension, transfer, assignment, etc., of instrument. (a) No tax other than as provided in this Chapter shall be required on account of any instrument which is an extension, transfer, assignment, modification, or renewal of, or which only adds additional security for, any original indebtedness or part of original indebtedness secured by an instrument subject to the tax imposed by Section 91A-3202 when: (1) It affirmatively appears that the tax as provided by this Chapter has been paid on the original security instrument recorded. (2) The original note or the holder of the note was exempt from the tax provided for in Section 91A-3202 by virtue of any other provision of law. (b) No tax shall be collected on that part of the face amount of a new long-term note secured by real estate which represents a refinancing by the original lender of unpaid principal on a previous long-term note secured by real estate if: (1) All intangible recording tax due on the previous long-term note has been paid or the previous longterm note was exempt from intangible recording tax; and (2) (A) The new long-term note contains a statement of what part of its face amount represents a refinancing of unpaid principal on the previous long-term note; or (B) The holder of the new long-term note submits an affidavit as to what part of the face amount of the new long-term note represents a refinancing of unpaid principal on the previous long-term note.
Page 777
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. REGISTRATION OF GEOLOGISTS ACT OF 1975 AMENDED. Code Chapter 84-21A Amended. No. 550 (House Bill No. 476). AN ACT To amend Code Chapter 84-21A, known as the Registration of Geologists Act of 1975, as amended, so as to continue the State Board of Registration for Professional Geologists and the laws relating thereto until July 1, 1987; to provide for the time of the termination of such board and the repeal of the laws relating thereto; to provide an effective date; to repeal a specific resolution; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-21A, known as the Registration of Geologists Act of 1975, as amended, is hereby amended by adding at the end of Code Section 84-2114A, relating to the Board of Registration for Professional Geologists, a new subsection (h) to read as follows: (h) 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 Geologists and the laws relating thereto are hereby continued until July 1, 1987, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the
Page 778
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. A resolution entitled: A Resolution Continuing the State Board of Geologists Examiners; and for other purposes., approved April 16, 1978 (Ga. Laws 1978, p. 2136) is hereby repealed in its entirety. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. GEORGIA PEACE OFFICER STANDARDS AND TRAINING ACT AMENDED. No. 551 (House Bill No. 478). 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 define retired peace officer; to provide for the registration of exempt peace officers; to provide for other matters relative to the foregoing; to provide for certain editorial changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Page 779
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 striking the comma and words ,and whose powers of arrest have been retained as authorized by the law enforcement unit from

which he retired, in the first sentence of subsection (i) of Section 2 in their entirety so that subsection (i) of Section 2, when so amended, shall read as follows: (i) `Retired peace officer' means a retired law enforcement officer who, prior to his retirement from service with the state, a subdivision or municipality thereof, was a peace officer within the meaning of such term as defined in subsection (d) above. A `retired peace officer' may be certified or registered upon voluntarily complying with certification or registration provisions of this Act. Section 2. Said Act is further amended by striking the words, comma and figures by December 31, 1978, in the first sentence of subsection (d) of Section 13 so that subsection (d) of Section 13, when so amended, shall read as follows: (d) Peace officers exempt from the certification provisions of this Act are required to register with the council. Registration as an exempt peace officer shall remain in effect for the period of time said person is employed as a peace officer. Any registration granted in this section shall not terminate upon a subsequent employment or appointment as a peace officer, provided subsequent employment or appointment as a peace officer is recognized by the council to be substantially the same or similar to the employment or appointment by virtue of which said peace officer was exempted and registered as such, and further provided that such subsequent employment or appointment be commenced within 12 months of such prior termination as a peace officer. Except as otherwise provided by subsection (c) of this section, nothing in this subsection shall be deemed to require any such exempt peace officer to comply with Section 8 and Section 9
Page 780
of this Act for the period of time same registration shall remain in effect. Section 3. Said Act is further amended by striking the words and period shall be certified or registered upon complying with certification or registration provisions of this Act., in subsection (g) of Section 13 in their entirety and inserting in lieu thereof the following: may be voluntarily registered by the council as an exempt peace officer without meeting the qualifications and requirements specified in subsections (b), (d), (e), and (h) of Section 8 of this Act. Such registration of a retired peace officer shall not terminate as provided in subsection (d) of this section., so that subsection (g), when so amended, shall read as follows: (g) A retired peace officer, as defined in Section 2, may be voluntarily registered by the council as an exempt peace officer without meeting the qualifications and requirements specified in subsections (b), (d), (e), and (h) of Section 8 of this Act. Such registration of a retired peace officer shall not terminate as provided in subsection (d) of this section. Nothing in this subsection shall be deemed to grant an exemption to persons required to be certified or registered by this Act. 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 7, 1981.
Page 781
LANDSCAPE ARCHITECTSEXEMPTIONS. Code Section 84-4004 Amended. No. 552 (House Bill No. 481). AN ACT To amend Code Section 84-4004, relating to exceptions to the provisions of Code Chapter 84-40, relating to landscape architects, as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1526), so as to provide for an exception to the requirement of a license for landscape architects for employees of state agencies, counties, and cities; 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 84-4004, relating to exceptions to the provisions of Code Chapter 84-40, relating to landscape architects, as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1526), is hereby amended by adding after subsection (c) a new subsection, to be designated subsection (d), to read as follows: (d) Any person employed by a state agency, county, or city who engages in the business of or acts in the capacity of a landscape architect, insofar as such acts are performed in the course of employment with the respective governmental entity on lands owned by the jurisdiction by whom employed., so that when so amended Code Section 84-4004 shall read as follows: 844004. Exceptions. Except as otherwise provided in this Chapter, the provisions of this Chapter shall not apply to: (a) A landscape contractor, including a residential landscape contractor, engaging in the business of, or acting in the capacity of a landscape contractor in Georgia under provisions of any law regulating landscape contracting, insofar as he engages in the business or acts in the capacity of a landscape contractor in its various forms. (b) Any person whose services are offered solely as a gardener or nurseryman.
Page 782
(c) Any person qualified by training or experience or by both training and experience whose services are offered solely as a city, regional, or urban planner. (d) Any person employed by a state agency, county, or city who engages in the business of or acts in the capacity of a landscape architect, insofar as such acts are performed in the course of employment

with the respective governmental entity on lands owned by the jurisdiction by whom employed. None of the foregoing, however, shall use the title `landscape architect' without complying with the provisions of this Chapter. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. STATE BOARD OF PHARMACY ACT AMENDED. Code Title 79A Amended. No. 553 (House Bill No. 486). AN ACT To amend Code Title 79A, relating to pharmacists, pharmacies, and drugs, as amended, so as to provide for a definition; to provide for exemptions for clinic pharmacies; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
Page 783
Section 1. Code Title 79A, relating to pharmacists, pharmacies, and drugs, as amended, is hereby amended by adding after subsection (b) in Code Section 79A-102 a new subsection (b.1) to read as follows: (b.1) `Clinic pharmacy' means a pharmacy which is attached to, located in, or otherwise a part of any health clinic or infirmary primarily providing outpatient medical treatment and care, which clinics or infirmaries shall include, without being limited to, state, county, municipal, school, prison, and industrial clinics and infirmaries but shall not include private physicians' offices. Section 2. Said Code title is further amended by designating the first sentence of Section 79A-501 as subsection (a) and inserting thereafter the following new subsection (b): (b) The State Board of Pharmacy is authorized to grant pharmacy licenses to clinic pharmacies under this Code chapter, which clinic pharmacies may be partially or totally exempted from the requirements of Code Section 79A-508, relating to utensils and equipment, and Code Section 79A-510, relating to prescription departments, as the Board finds appropriate to the conduct of such clinic pharmacies., so that when so amended Code Section 79A-501 shall read as follows: 79A-501. (a) It shall be the duty of the State Board of Pharmacy to examine all applicants for a license as a pharmacy, and to grant certificates or licenses to such persons, firms or corporations as may be entitled to the same. (b) The State Board of Pharmacy is authorized to grant pharmacy licenses to clinic pharmacies under this Code chapter, which clinic pharmacies may be partially or totally exempted from the requirements of Code Section 79A-508, relating to utensils and equipment, and Code Section 79A-510, relating to prescription departments, as the Board finds appropriate to the conduct of such clinic pharmacies. 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 7, 1981. LOANS BY INSURED FINANCIAL INSTITUTIONS. Code Section 57-101.2 Amended. No. 554 (House Bill No. 488). AN ACT To amend Code Section 57-101.2, relating to loans by insured financial institutions, so as to remove the provisions relating to the repeal of said Code section; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 57-101.2, relating to loans by insured financial institutions, is hereby amended by striking subsection (d) of Code Section 57-101.2, which reads as follows: (d) This section shall stand repealed on July 1, 1981., in its entirety. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Page 785
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. HOSPITALIZATION AND TREATMENT PROCEDURES FOR ALCOHOLICS, ETC. Code Chapter 88-4 Amended. No. 555 (House Bill No. 489). AN ACT To amend Code Chapter 88-4, relating to hospitalization and treatment procedures for alcoholics, drug dependent individuals, and drug abusers, as amended, so as to change certain procedures regarding the failure of patients to comply with treatment plans; 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 88-4, relating to hospitalization and treatment procedures for alcoholics, drug dependent individuals, and drug abusers, as amended, is hereby amended by striking in its entirety Code Section 88-406.3, which reads as follows: 88-406.3. Failure to comply with treatment plan. If at any time during a period of outpatient treatment ordered, the patient should fail to comply with the outpatient treatment plan, or should the physician in charge of the patient's treatment determine at any point in the patient's treatment that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, the treating physician or the chief medical officer of the facility may petition for an order from the court, originally approving the involuntary treatment of the patient, to authorize any peace officer to take the patient

Page 786
into custody and to deliver him forthwith to the treatment facility pending completion of a full and fair hearing as provided herein. If, in the discretion of the court, such an order is issued, the chief medical officer shall submit to the court an updated individualized treatment plan for the patient. Copies of such petition shall be served upon the patient and his representatives, within five days after the patient is taken into custody pursuant to such order, and shall be accompanied by the updated plan and those items required by paragraphs (1), (2), (4), and (5) of Section 88-406.2(a). No sooner than 10 days and no later than 15 days after the patient is taken into custody, a full and fair hearing shall be held to determine whether or not the patient should be hospitalized and the court may issue any order authorized under subsection (c) of Section 88-406.2, subject to the limitations in subsection (d) of said Section., and inserting in lieu thereof a new Code Section 88-406.3 to read as follows: 88-406.3. Failure to comply with treatment plan. If at any time during a period of outpatient treatment ordered, the patient should fail to comply with the outpatient treatment plan, or should the physician in charge of the patient's treatment determine at any point in the patient's treatment that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, the treating physician or the chief medical officer of the facility may petition for an order from the court, originally approving the involuntary treatment of the patient or from the court of the county in which the patient is a resident or where the patient may be found, to authorize any peace officer to take the patient into custody and to deliver him forthwith to the treatment facility pending completion of a full and fair hearing as provided herein. If, in the discretion of the court, such an order is issued, the chief medical officer shall submit to the court of the county in which the treatment facility is located an updated individualized treatment plan for the patient. Copies of such petition shall be served upon the patient and his representatives, within five days after the patient is taken into custody pursuant to such order, and shall be accompanied by a copy of the updated plan as provided for in paragraph (3) of Section 88-406.2(a) and those items required by paragraphs (1), (2), (4), and (5) of Section 88-406.2(a). No sooner than 10 days and no later than 15 days after the patient is taken into custody, a full and fair hearing shall be held in the court of the county in which the treatment facility is located to determine whether or not
Page 787
the patient should be hospitalized and the court may issue any order authorized under subsection (c) of Section 88-406.2, subject to the limitations in subsection (d) of said 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 April 7, 1981. HOSPITALIZATION AND TREATMENT PROCEDURES FOR THE MENTALLY ILL. Code Chapter 88-5 Amended. No. 556 (House Bill No. 490). AN ACT To amend Code Chapter 88-5, relating to hospitalization and treatment procedures for the mentally ill, as amended, so as to change certain procedures regarding the failure of patients to comply with service plans; 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 88-5, relating to hospitalization and treatment procedures for the mentally ill, as amended, is hereby amended by striking in its entirety Code Section 88-506.3, which reads as follows: 88-506.3. Failure to comply with service plan. If at any time during a period of outpatient treatment ordered, the patient should fail to comply with the outpatient service plan, or should the physician
Page 788
in charge of the patient's treatment determine at any point in the patient's treatment that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, the treating physician or the chief medical officer of the facility may petition for an order from the court, originally approving the involuntary treatment of the patient, to authorize any peace officer to take the patient into custody and to deliver him forthwith to the treatment facility pending completion of a full and fair hearing as provided herein. If, in the discretion of the court, such an order is issued, the chief medical officer shall submit to the court an updated individualized service plan for the patient. Copies of such petition shall be served upon the patient and his representatives, within five days after the patient is taken into custody pursuant to such order, and shall be accompanied by the updated plan and those items required by paragraphs (1), (2), (4), and (5) of Section 88-506.2(a). No sooner than 10 days and no later than 15 days after the patient is taken into custody, a full and fair hearing shall be held to determine whether or not the patient should be hospitalized and the court may issue any order authorized under subsection (c) of Section 88-506.2, subject to the limitations in subsection (d) of said Section., and inserting in lieu thereof a new Code Section 88-506.3 to

read as follows: 88-506.3. Failure to comply with service plan. If at any time during a period of outpatient treatment ordered, the patient should fail to comply with the outpatient service plan, or should the physician in charge of the patient's treatment determine at any point in the patient's treatment that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, the treating physician or the chief medical officer of the facility may petition for an order from the court, originally approving the involuntary treatment of the patient or from the court of the county in which the patient is a resident or where the patient may be found, to authorize any peace officer to take the patient into custody and to deliver him forthwith to the treatment facility pending completion of a full and fair hearing as provided herein. If, in the discretion of the court, such an order is issued, the chief medical officer shall submit to the court of the county in which the treatment facility is located an updated individualized service plan for the patient. Copies of such petition shall be served upon the patient and his representatives, within five days after
Page 789
the patient is taken into custody pursuant to such order, and shall be accompanied by a copy of the updated plan as provided for in paragraph (3) of Section 88-506.2(a) and those items required by paragraphs (1), (2), (4), and (5) of Section 88-506.2(a). No sooner than 10 days and no later than 15 days after the patient is taken into custody, a full and fair hearing shall be held in the court of the county in which the treatment facility is located to determine whether or not the patient should be hospitalized and the court may issue any order authorized under subsection (c) of Section 88-506.2, subject to the limitations in subsection (d) of said 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 April 7, 1981. ACT PROVIDING FOR CONSTRUCTION, ETC. OF PIPELINES AMENDED. No. 557 (House Bill No. 496). AN ACT To amend an Act providing that corporations constructing, running, or operating pipelines for the transportation of petroleum and petroleum products shall have the right of eminent domain, approved February 26, 1943 (Ga. Laws 1943, p. 1662), so as to change certain provisions relating to the right of such corporations to traverse public property; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
Page 790
Section 1. An Act providing that corporations constructing, running, or operating pipelines for the transportation of petroleum and petroleum products shall have the right of eminent domain, approved February 26, 1943 (Ga. Laws 1943, p. 1662), 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. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same and declared as in the public interest that corporations engaged in constructing running or operating pipe lines in this State as common carriers in interstate or intrastate commerce for the transportation of petroleum and petroleum products shall have the right of eminent domain, and that property, which, by the exercise of such right, shall be condemned, shall be deemed to have been condemned for public purposes. It is, therefore, declared as in the public interest that corporations engaged in constructing, running or operating pipe lines in this State for the transportation of said products shall have the right to traverse with pipe lines any property owned by any subdivision of the State, including, without limiting the generality of the foregoing, any property owned by municipalities, counties, or other subdivisions of the State, but not including agencies, departments, boards, bureaus, commissions, or authorities of the State. Section 2. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. Be it further enacted that such rights shall be exercised only to the extent necessary for such purposes. Such streets, roads, highways, streams, water courses or channels, including but without limiting the generality of the foregoing, streets, roads, highways, streams, water courses or channels owned by or under the jurisdiction of municipalities or other subdivisions of the State, and including county roads, streets, highways, streams, water courses and channels, may be traversed for such purposes; provided that in traversing any State highway the same shall be done under reasonable regulations promulgated by the Department of Transportation, and in traversing a county road or municipal street the same shall be done under reasonable regulations promulgated by the governing authority having jurisdiction over such road or street; and provided further that in traversing any other public property the same shall be done under such reasonable regulations as shall be promulgated by the authority having jurisdiction over such other public property.
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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 April 7, 1981. LIMITATION ON AD VALOREM TAX EXECUTIONS. Code Section 91A-326.1 Enacted. No. 558 (House Bill No. 515). AN ACT To amend Code Chapter 91A-3, relating to tax executions, so as to provide a one-year period of limitation for enforcement of executions for ad valorem taxes on real property in amounts less than $1; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 91A-3, relating to tax executions, is hereby amended by adding a new Code Section 91A-326.1 to read as follows: 91A326.1. Limitation of certain ad valorem tax executions. (a) This Code section shall apply only to real property ad valorem taxes which are due in an amount less than $1. (b) Any execution for ad valorem taxes in an amount less than $1 shall be enforced within one year after the execution is issued or the taxes become due, whichever is earlier. (c) A tax execution which has become barred under this Code section shall not be subject to revival; and the taxpayer shall not be personally liable for such taxes after the execution becomes barred.
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(d) Amounts of taxes due on more than one piece of real property or for more than one tax year shall not be added together so as to exceed the $1 limit if each of said amounts is individually less than $1. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. COMMISSIONER OF LABORACT REGULATING EMPLOYMENT OF CHILDREN AMENDED. No. 559 (House Bill No. 525). AN ACT To amend an Act providing for regulating the employment of children, approved January 30, 1946 (Ga. Laws 1946, p. 67), as amended, to clarify the minimum age of employable minors; so as to allow the Commissioner of Labor to designate hazardous machines, processes, and industries by regulations; to change from four days to thirty days the period within which an employment certificate must be returned to the Commissioner of Labor; to provide for the issuance of identification cards; to authorize the principal administrative officer of private schools to issue employment certificates to students of such private schools; to provide for other matters relative to the foregoing; to provide for the issuance of rules and regulations; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for regulating the employment of children, approved January 30, 1946 (Ga. Laws 1946, p. 67), as amended, is hereby amended by striking Section 1 in its entirety which reads as follows:
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Section 1Minimum Age. No minor under fourteen (14) years of age shall be employed, permitted or suffered to work in any gainful occupation at any time; provided that this law shall not be construed to apply to the work of a minor in agriculture, domestic service in private homes, or in employment by a parent or a person standing in place of a parent. No child under sixteen years shall be employed by or permitted to work in or about any mill, factory, laundry, manufacturing establishment or workshop nor in any occupation which has been designated as hazardous in accordance with Section Two of this Act. Boys twelve and thirteen years of age may be permitted to work in wholesale and retail stores, provided work permits are procured as provided in Section Eight of this Act and provided there is compliance with the provisions of Sections Three, Five and Six as to hours of work. and substituting in lieu thereof the following: Section 1Minimum Age. No minor under twelve (12) years of age shall be employed, permitted or suffered to work in any gainful occupation at any time; provided that this law shall not be construed to apply to the work of a minor in agriculture, domestic service in private homes, or in employment by a parent or a person standing in place of a parent. No child under sixteen years shall be employed by or permitted to work in or about any mill, factory, laundry, manufacturing establishment or workshop nor in any occupation which has been designated as hazardous in accordance with Section Two of this Act. Section 2. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2 Hazardous Industries. No child under the age of sixteen years shall be employed, permitted or suffered to work at any occupation or in any position which the Commissioner of Labor may declare by Regulation dangerous to life and limb or injurious to the health or morals of such child.
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Section 3. 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: Section 7 Employment Certificates. (a) No employment certificate shall be issued to any child until he shall have submitted to the issuing officer; (1) A statement from the employer that at the present time, if he were furnished with a certificate from the school superintendent as required by law, he could place the child at work, giving the character of employment, it being understood that the employer shall not undertake to employ the child for any specific

length of time, (2) A certified copy of a birth certificate or a legal transcript of parts thereof issued in accordance with the Georgia law. (b) No child between the ages of twelve and sixteen years shall be employed by or permitted to work for any person, firm or corporation, as defined in Section 1 of this Act, unless and until a certificate showing the true age of such child and that such child is not less than twelve years of age and is physically fit to follow the employment sought to be obtained, shall be issued by the superintendent of the schools or, if a student of a licensed private school, the principal administrative officer thereof (or by some member of his staff authorized by him in writing) in the County or City where said child resides. Upon the termination of the employment of any child between twelve and sixteen years of age, the employer knowing such termination, the employer shall return within five days the employment certificate to the authority issuing same, and thereafter a new certificate shall be issued only upon presentation by the child of a new statement for employment. If the employer shall have no knowledge of the child's having terminated employment, but the child shall have failed to appear for work during the period of thirty days, the employer shall then return the certificate to the authority issuing same. The certificate mentioned in the foregoing subsection shall state the full name, date and place of birth of the child, with the name and address of the parents, guardian, or person sustaining the parental relationship to such child, and that the child has appeared before the officer, and the evidence of age required herein. (c) A like certificate (a copy of which shall be made a part of the child's school file) shall be issued in cases of all children between the ages of sixteen and eighteen. The certificate must show that the said child is fully sixteen years of age to qualify said child to work between the hours of 9 p.m. and 6 a.m. and to be employed in any of the
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occupations covered by Section 2 of this Act. In addition to the certificate, the superintendent of schools (or some member of his staff authorized by him) shall issue an identification card to each child in this category of employment. The identification card will certify that the child is eligible for employment. The child shall be exempt from future filings of employment certificates unless the certificate of the child is revoked by the Commissioner of Labor. (d) Blank forms of these certificates and identification cards shall be furnished by the Commissioner of Labor to the superintendent of schools in the respective cities and counties. A duplicate copy of each certificate shall be filed with the Commissioner of Labor within thirty days from its issuance. The Commissioner of Labor may, at any time, revoke any certificate if, in his judgment, the certificate was improperly issued. He is authorized to investigate the true age of any child employed, hear evidence, and require the production of relevant books or documents. If the certificate shall be revoked, the then employer shall be notified, and the said child shall not thereafter be employed or permitted to labor until a new certificate shall have been legally obtained. Provided, that manufacturing plants desiring age certificates for minors eighteen to twenty-one, may request certificates from school superintendents who can use discretion as to their issuance. Section 4. Said Act is further amended by adding at the end of Section 9 the following: and the Commissioner of Labor shall issue Rules and Regulations pursuant thereto, so that when so amended, Section 9 shall read as follows: Section 9 Enforcement. It shall be the duty of the State Labor Department to enforce the provisions of this Act and the Commissioner of Labor shall issue Rules and Regulations pursuant thereto. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
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Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. CHILD SUPPORT RECOVERY ACT AMENDED. No. 560 (House Bill No. 531). AN ACT To amend the Child Support Recovery Act, approved March 28, 1973 (Ga. Laws 1973, p. 192), as amended, particularly by an Act approved April 7, 1976 (Ga. Laws 1976, p. 1537), so as to provide that when a responsible parent fails to pay support when due following an administrative determination of his support obligation or after he has entered into a written support agreement with the Department of Human Resources, such department is entitled to either the process of garnishment as in other cases where judgment has been rendered or to issue to an employer of the responsible parent an order to withhold and deliver a portion of his disposable earnings to the department; to provide for an administrative hearing to finally determine whether the responsible parent has a defense or other legal excuse for failing to pay such support payments and to determine the amount of support due and owing; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Child Support Recovery Act, approved March 28, 1973 (Ga. Laws 1973, p. 192), as amended, particularly by an Act approved April 7, 1976 (Ga. Laws 1976, p. 1537), is hereby amended by striking subsections (a) and (b) of Section 15A, which read as follows:
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(a) If, having received notice of the final determination of his support obligation as provided in section 12(c) above, the responsible parent fails to make such support payments within thirty (30) days of the due date specified by the final determination or by a court in affirmance of a final determination, the Department shall be entitled to the process of garnishment as in cases where judgment has been obtained, or shall be authorized to issue an order to withhold and deliver, as provided herein. (b) Prior to the institution of garnishment proceedings or the issuance of an order to withhold and deliver, the Department shall conduct a hearing to finally determine the amount of support payments which are overdue., in their entirety and inserting in lieu thereof new subsections (a) and (b) as follows: (a) If, having received notice of the final determination of his support obligation or having entered into a written agreement with the department to provide child support in the manner provided in Section 12 above, the responsible parent fails to make support payments within 30 days of the due date specified by the final determination or a court order in affirmance of the final determination or by the written support agreement, then the department shall be entitled to the process of garnishment as in cases where judgment has been obtained, or shall be authorized to issue an order to withhold and deliver, as provided herein. (b) Prior to the institution of garnishment proceedings or the issuance of an order to withhold and deliver, the department shall conduct a hearing to finally determine: (1) Whether the responsible parent has a defense or other legal excuse for his failure to make support payments; and (2) The amount of support payments which are due and owing. 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 April 7, 1981. GAME AND FISH CODE AMENDED. Code Title 45 Amended. No. 561 (House Bill No. 540). AN ACT To amend Code Title 45, known as the Game and Fish Code, approved March 16, 1977 (Ga. Laws 1977, p. 396), as amended, so as to revise the definition for the term trapping; to revise the provisions pertaining to conservation rangers; to delete the provisions pertaining to wildlife technicians; to add certain animals to the list of nongame species that can be lawfully taken; to revise the taxidermist tag requirements; to designate the weapons permissible for hunting bear and feral hogs; to revise the provisions governing the use of pitfalls, snares, and other devices; to change the closed season date for hunting quail; to change the open and closed season dates for hunting squirrel and to correct certain typographical errors; to revise certain provisions for the taking or possession of certain sized fish and to provide additions to the list of streams on which size limits are established; to provide additions to the list of streams on which artificial lure restrictions are established and to make revisions to certain artificial lure stream designations; to provide an addition to the list of inherently dangerous wild animals; 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 45, known as the Game and Fish Code, approved March 16, 1977 (Ga. Laws 1977, p. 396), as amended, is
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hereby amended by striking in its entirety subsection (69) of Section 45-102 pertaining to the definition of the term trapping and substituting in lieu thereof the following new definition which shall read as follows: (69) `Trapping' means taking, killing or capturing wildlife with traps and includes all lesser acts such as placing, setting or staking such traps whether they result in taking or not and every attempt to take and every act of assistance to any person in taking or attempting to take wildlife with traps. Section 2. Said Code title is further amended by striking in its entirety Section 45-116 pertaining to conservation rangers and substituting in lieu thereof a new section which reads as follows: 45-116. Conservation Rangers. Within the department is established a unit of peace officers to be known as conservation rangers. All such conservation rangers shall be at least 21 years of age. Said unit of peace officers shall include, but not be limited to, the commissioner and other supervisory personnel; provided, however, that the commissioner and the director of the division to which peace officer functions are assigned shall be excluded from the classified service under the State Merit System of Personnel Administration as provided for in an Act approved March 13, 1975, (Ga. Laws 1975, p. 79) unless otherwise provided by law. The commissioner shall have the power to appoint conservation rangers of the state at large, of such number as may be necessary to carry out the duties assigned to them, who shall be charged with the law enforcement responsibilities pertaining to the department. Section 3. Said Code title is further amended by striking in its entirety Section 45-121 pertaining to wildlife technicians and substituting in lieu thereof the designation Reserved, so that when so amended Section 45-121 shall read as follows: 45-121 Reserved Section 4. Said Code title is further amended by inserting in the first sentence of Section 45-202 between the comma following the word mice and the words ground hogs the words coyotes, armadillos, so that when amended the first sentence of Section 45-202 shall read as

follows:
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Except as otherwise provided by law or rule or regulation, it shall be unlawful to hunt, trap, fish, take, or transport any nongame species of wildlife except that the following species may be taken to protect crops or livestock, to prevent personal injury, to obtain fish bait or to gather food: rats, mice, coyotes, armadillos, ground hogs, beaver, freshwater turtles, poisonous snakes, frogs, spring lizards, fiddler crabs, freshwater crayfish and freshwater mussels. Section 5. Said Code title is further amended by striking from the first sentence of subsection (b) of Section 45-308 the words and license number and by inserting in lieu thereof the words and address (with verification of the same by means of valid identification) so that when amended said first sentence shall read as follows: Any wildlife at the business premises of a taxidermist must have a tag attached with the owner's name and address (with verification of the same by means of valid identification), the date such wildlife was killed, and the date such wildlife was received. Section 6. Said Code title is further amended by inserting in the first sentence of subsection (c) of Section 45-503 between the word deer and the word are the words and bear and feral hogs and by adding to the end of said sentence the phrase and provided further that firearms for hunting feral hogs, other than those weapons specified in this subsection, may be authorized by rule or regulation of the Board so that when amended the first sentence of subsection (c) of Section 45-503 shall read as follows: Firearms for hunting deer, bear and feral hogs are limited to 20 gauge shotguns or larger shotguns loaded with slugs or buckshot (exception: no buckshot is permitted on State Wildlife Management Areas unless otherwise specified), muzzle loading rifles of.44 caliber or larger, and rifles using any center-fire cartridge.22 caliber or larger; provided, however, a.218 Bee;.22 Hornet;.25-20;.256 Magnum; guns using.30 caliber Army carbine cartridges; [Illegible Text]-20;.3240;.357 Magnum;.38 Special;.38-40; and.44-40 shall not be used and provided further that firearms for hunting feral hogs, other than those weapons specified in this subsection, may be authorized by rule or regulation of the Board. Section 7. Said Code title is further amended by striking in its entirety Section 45-504 pertaining to legal weapons for certain animals and substituting in lieu thereof the designation Reserved so that when amended Section 45-504 shall read as follows: 45-504. Reserved.
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Section 8. Said Code title is further amended by striking in its entirety Section 45-507 pertaining to prohibitions against the use of pitfalls, snares and other devices and substituting in lieu thereof a new Section 45-507 to read as follows: 45507. Use of Pitfalls, Snares Prohibited. It shall be unlawful for any person to make use of any pitfall, deadfall, catch, snare, trap, net, salt licks, blind pig, baited hook, or other device for the purpose of taking any game animal or game bird or any other wildlife except as otherwise provided in this Code title or by rule or regulation of the Board. Section 9. Said Code title is further amended by striking from line (1) of subsection (a) of Section 45-513 the phrase March 1 and inserting in lieu thereof the phrase March 16 so that when amended line (1) of subsection (a) of Section 45-513 shall read as follows: (1) Quail March 16 - Nov. 18 Section 10. Said Code title is further amended by striking from line (9) of subsection (a) of Section 45-513 the word Sept. and inserting in lieu thereof the word August so that when amended line (9) of subsection (a) of Section 45-513 shall read as follows: (9) Squirrel March 1 - August 14 Section 11. Said Code title is further amended by inserting after the first sentence of subsection (b) of Section 45-513 the following words which shall be the captions for the lists enumerated in said subsection: Game Species Maximum Open Season Maximum Bag [Illegible Text] so that when amended, said sentence and the ensuing captions shall 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 season and bag limits for such species.
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Game Species Maximum Open Season Maximum Bag Limits Daily Season Section 12. Said Code title is further amended by striking from line (9) of subsection (b) of Section 45-513 the word Sept. and inserting in lieu thereof the word August so that when amended line (9) of subsection (b) of Section 45-513 shall read as follows: (9) Squirrel - August 15 - Feb. 29 10 No Limit Section 13. Said Code title is further amended by striking in its entirety subsection (e) of Section 45-714 and substituting in lieu thereof a new subsection (e) to read as follows: (e) It shall be unlawful to take from or have in possession while fishing Noontootla Creek or its tributaries within the Blue Ridge Management Area any mountain trout less than sixteen inches (16) in length. Section 14. Said Code title is further amended by striking in its entirety subsection (b) of Section 45-719 pertaining to artificial lure stream designations and substituting in lieu thereof a

new subsection (b) to read as follows: (b) The following streams are hereby declared to be artificial lure streams: (1) That portion of the Chattahoochee River from Georgia Highway 20 downstream to Georgia Highway 141. (2) Noontootla Creek and its tributaries on the Blue Ridge Management Area. (3) Coleman River and its tributaries from the junction with Tallulah River upstream to Forest Service Bridge No. 54. (4) Jones Creek and its tributaries on the Blue Ridge Management Area. (5) Mountaintown Creek and its tributaries above SCS Structure No. 2.
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(6) Stanley Creek and its tributaries on the Rich Mountain Management Area. (7) Hoods Creek and its tributaries on the Warwoman Management Area. (8) Walnut Fork and its tributaries on the Warwoman Management Area. Section 15. Said Code title is further amended by striking in its entirety subsection (c) of Section 45-719 pertaining to artificial lure restrictions for Waters Creek and substituting in lieu thereof a new subsection (c) to read as follows: (c) It shall be unlawful to fish in Waters Creek or its tributary streams from its junction with Dick's Creek upstream except with one artificial lure with a single barbless hook of number six size or smaller; provided, however, a landing net less than two feet in length may be used to land fish legally taken. It shall be unlawful to have in possession while fishing said streams any bait, lure, landing net, or other gear which may not be lawfully used on said streams. Section 16. Said Act is further amended by striking the last sentence of Section 45-1003 pertaining to the hunting of game birds or game animals on shooting preserves and by inserting in lieu there of a new sentence which shall read as follows: It shall also be unlawful to hunt on a shooting preserve any game bird or game animal except during the open season for such bird or animal as prescribed by law or regulation; provided, however, that it shall be lawful to hunt bobwhite quail between October 1 and March 31 of the following year; and provided further, it shall be lawful to hunt any other pen-raised game bird between October 1 and March 31 of the following year when prior approval has been obtained from the Department. Section 17. Said Code title is further amended by adding to the list of animals considered inherently dangerous to human beings found in subsection (f) of Section 45-1101.1 the following new entry to the Family Felidae: (4) Felis concolor subsp. (Western cougar) - All subspecies Felis concolor except (1) coryi; and (2) cougar.
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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 April 7, 1981. GARNISHMENT OF CERTAIN RETIREMENT FUND BENEFITS FOR ALIMONY OR CHILD SUPPORT. Code Section 46-309 Enacted. No. 562 (House Bill No. 546). AN ACT To amend Code Chapter 46-3, relating to property and persons subject to garnishment, as amended, so as to provide exemptions from garnishment for certain employee benefit plans subject to the federal Employee Retirement Income Security Act of 1974, as amended, so that the state law conforms to federal requirements for those plans; 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 Chapter 46-3, relating to property and persons subject to garnishment, as amended, is hereby amended by adding at the end thereof a new Code Section 46-309 to read as follows: 46-309. Employee benefit plans subject to ERISA. Funds or benefits of a pension, retirement, or employee benefit plan or program subject to the provisions of the federal Employee Retirement Income Security Act of 1974, as amended, shall not be subject to the process of garnishment until currently due and payable or transferable to a member of such plan or program or to a beneficiary thereof. When so subject, these funds or benefits shall not be subject to the process of garnishment unless such garnishment is based upon a judgment for alimony or for child support and then shall be subject to the process of garnishment to the extent provided in subsection (d) of Code Section 46-301. 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 7, 1981. WORKERS' COMPENSATIONATTORNEY'S FEES. Code Section 114-712 Amended. No. 563 (House Bill No. 549). AN ACT To amend Code Section 114-712, relating to attorney's fees with respect to workers' compensation cases,

as amended, so as to eliminate the requirement that attorney's fees assessed against an opposing
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party shall be made in a lump sum; 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 114-712, relating to attorney's fees with respect to workers' compensation cases, as amended, is hereby amended by striking in its entirety paragraph (3) of subsection (b) and inserting in lieu thereof a new paragraph (3) to read as follows: (3) Any assessment of attorney's fees made under this subsection shall be in addition to the compensation ordered. 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 7, 1981. ACT PROVIDING ARREST POWERS, ETC. FOR CAMPUS POLICE AMENDED AS TO CERTAIN MUNICIPALITIES (400,000 OR MORE). No. 564 (House Bill No. 551). AN ACT To amend an Act granting certain campus policemen employed by public or private colleges and universities in this State certain law enforcement powers, approved March 30, 1977 (Ga. Laws 1977, p. 1160), as amended by an Act approved April 18, 1979 (Ga. Laws 1979, p. 1323), so as to provide that the word campus shall include certain public streets or sidewalks for educational facilities located within municipalities of this State having a population of 400,000 or more according to the United States decennial census of 1970 or any future
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such census; 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 granting certain campus policemen employed by public or private colleges and universities in this State certain law enforcement powers, approved March 30, 1977 (Ga. Laws 1977, p. 1160), as amended by an Act approved April 18, 1979 (Ga. Laws 1979, p. 1323), is hereby amended by adding at the end of paragraph (1) of Section 1 the following: The word `campus' shall also include one-quarter mile of any public street or public sidewalk connecting different buildings of the same educational facility when the buildings of the educational facility are located within the corporate limits of any municipality in this State having a population of 400,000 or more according to the United States decennial census of 1970 or any future such census., so that when so amended said paragraph (1) shall read as follows: (1) `campus' means the grounds and buildings owned or occupied by a college or university or the grounds and buildings of a school or training facility operated by or under the authority of the State Board of Education. The word `campus' shall also include one-quarter mile of any public street or public sidewalk connecting different buildings of the same educational facility when the buildings of the educational facility are located within the corporate limits of any municipality in this State having a population of 400,000 or more according to the United States decennial census of 1970 or any future such 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 April 7, 1981.
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GEORGIA COGENERATION ACT AMENDED. No. 565 (House Bill No. 576). AN ACT To amend an Act known as the Georgia Cogeneration Act, approved March 13, 1979 (Ga. Laws 1979, p. 389), so as to provide for the compliance with federal law by the Georgia Public Service 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 Cogeneration Act, approved March 13, 1979 (Ga. Laws 1979, p. 389), is hereby amended by adding at the end of Section 4 thereof the following: ; provided that nothing in this Act shall preclude the Georgia Public Service Commission from complying with federal law, so that when so amended Section 4 of said Act shall read as follows: Section 4. Any person may operate a cogeneration facility and sell any excess electric energy to an electric supplier without being subject to the jurisdiction or regulation of the Georgia Public Service Commission if the power production capacity of such cogeneration facility does not exceed thirty megawatts electric; provided that nothing in this Act shall preclude the Georgia Public Service Commission from complying with federal 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 April 7, 1981.
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INSURANCEFARMERS' MUTUAL FIRE INSURANCE COMPANIES. Code Chapter 56-20 Amended. No. 566

(House Bill No. 585). AN ACT To amend Code Chapter 56-20, relating to farmers' mutual fire insurance companies, as amended, so as to change the provisions regarding qualifications for certificates of authority; to change the provisions regarding limits of single risk; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 56-20, relating to farmers' mutual fire insurance companies, as amended, is hereby amended by adding at the end of paragraph (c) of subsection (2) of Code Section 56-2004, relating to certificates of authority, the following: provided, however, if said company writes an amount of insurance coverage of seven million ($7,000,000) dollars or more, the deposit of funds representing a surplus of its assets over its liabilities shall be an amount not less than twenty-five thousand ($25,000) dollars;, so that when so amended Code Section 56-2004 shall read as follows: 56-2004. Certificate of authority; qualifications. (1) No person shall transact or attempt to transact business as a farmers' mutual fire insurance company unless so authorized by a currently effective certificate of authority issued by the Commissioner. (2) The Commissioner shall not issue or permit to exist any certificate of authority as to any corporation or insurer not currently qualified therefor unless it is shown to the satisfaction of the Commissioner that: (a) It has received bona fide applications from not less than 25 citizens of this State for not less than $100,000 of insurance covering farm property located in the county or counties in which
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it is organized to transact business which shall not be more than four contiguous counties and those counties which are contiguous to the county of the corporation's or insurer's domicile, and with not more than the maximum amount of insurance permitted on a single risk under section 56-2012 below; (b) It has collected in cash the first payment or premium or assessment required to be paid in advance by each such applicant for its insurance, according to the company's bylaws or has received from each such applicant such form of obligation, if any, as may be provided for in the bylaws to cover liability for payment of initial assessments and such future assessments as may be levied; (c) There is on deposit to its credit, in a bank located in the county of its domicile, funds representing a surplus of its assets over its liabilities in the amount of not less than ten thousand ($10,000) dollars; provided, however, if said company writes an amount of insurance coverage of seven million ($7,000,000) dollars or more, the deposit of funds representing a surplus of its assets over its liabilities shall be an amount not less than twenty-five thousand ($25,000) dollars; (d) At the time of filing the petition for a charter as required under section 56-2003, the organizers of the proposed company have filed with the Commissioner a qualified bond in the sum of five thousand ($5,000) dollars with good and sufficient security, subject to the Commissioner's approval. The bond shall be conditioned for the prompt return to members of all money collected from them in advance and for payment of all indebtedness of the company if the organization of the company is not completed within two years after the date of the granting of the charter. (e) It must otherwise be in compliance with the requirements of this Chapter. Section 2. Said Code Chapter is further amended by striking from Code Section 562012, relating to limits of single risk, the following:
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Amount of Insurance in Force Maximum Risk $ 100,000 but less than $ 250,000 $ 2,000 $ 250,000 but less than $ 400,000 $ 2,500 $ 400,000 but less than $ 600,000 $ 3,000 $ 600,000 but less than $ 900,000 $ 4,000 $ 900,000 but less than $1,200,000 $ 5,000 $ 1,200,000 but less than $1,500,000 $ 5,500 $ 1,500,000 but less than $2,000,000 $ 6,000 $ 2,000,000 but less than $2,500,000 $ 7,000 $ 2,500,000 but less than $3,000,000 $ 8,000 $ 3,000,000 but less than $3,500,000 $ 9,000 $ 3,500,000 and over $10,000, and inserting in lieu thereof the following: Amount of Insurance in Force Maximum Risk $ 100,000 but less than $ 250,000 $ 2,000 $ 250,000 but less than $ 400,000 $ 2,500 $ 400,000 but less than $ 600,000 $ 3,000 $ 600,000 but less than $ 900,000 $ 4,000 $ 900,000 but less than $1,200,000 $ 5,000 $1,200,000 but less than $1,500,000 $ 5,500 $1,500,000 but less than $2,000,000 $ 6,000 $2,000,000 but less than $2,500,000 $ 7,000 $2,500,000 but less than $3,000,000 $ 8,000 $3,000,000 but less than $3,500,000 $ 9,000 $3,500,000 but less than $7,000,000 $10,000 $7,000,000 and over $20,000, so that when so amended, Code Section 56-2012 shall read as follows: 56-2012. Limit of single risk. The maximum amount of insurance that a farmers' mutual fire insurance company may retain on any subject or subjects of insurance reasonably exposed to loss from the same fire, shall not exceed the amount prescribed in the following schedule: Amount of Insurance in Force Maximum Risk $ 100,000 but less than $ 250,000 $ 2,000 $ 250,000 but less than $ 400,000 $ 2,500 $ 400,000 but less than $ 600,000 $ 3,000 $ 600,000 but less than $ 900,000 $ 4,000 $ 900,000 but less than $1,200,000 $ 5,000 $1,200,000 but less than $1,500,000 $ 5,500 $1,500,000 but less than $2,000,000 $ 6,000 $2,000,000 but less than $2,500,000 $ 7,000 $2,500,000 but less than $3,000,000 $ 8,000 $3,000,000 but less than $3,500,000 $ 9,000 $3,500,000 but less than $7,000,000 $10,000 $7,000,000 and over $20,000

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The classification of all risks in the above schedule and the percentage given in each shall be uniformly fixed and governed by the bylaws of the insurer. In determining the amount at risk and retained by the insurer, any valid and applicable reinsurance authorized shall be deducted from the gross amount of risk directly assumed by the insurer. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. STATE BOARD OF PARDONS AND PAROLESREVOCATION HEARINGS, ETC. No. 567 (House Bill No. 590). 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 April 18, 1975 (Ga. Laws 1975, p. 786), so as to state when preliminary hearings and final hearings are not required for revocation of parole or other conditional release; to provide when final hearings shall be held; 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 State Board of Pardons and Paroles, approved February 5, 1943 (Ga. Laws 1943, p. 185), as amended, particularly by an Act approved April 18, 1975 (Ga. Laws 1975, p. 786), is hereby amended by adding at the end of the introductory language of Section 16A the following: However, a preliminary hearing is not required if the parolee or conditional releasee: is not under arrest on a warrant issued by the Board; or has absconded from supervision; or has signed a waiver of preliminary hearing; or has admitted any alleged violation to any representative of the Board in the presence of a third party who is not a representative of the Board; or has been convicted of any crime in a federal court or in a court of this or another state., so that when so amended said introductory language of Section 16A shall read as follows: Section 16A. Whenever a parolee or conditional releasee is arrested on a warrant issued by a member of the Board for an alleged violation of parole or conditional release, an informal preliminary hearing in the nature of a court of inquiry shall be held at or near the place of the alleged violation. However, a preliminary hearing is not required if the parolee or conditional releasee: is not under arrest on a warrant issued by the Board; or has absconded from supervision; or has signed a waiver of preliminary hearing; or has admitted any alleged violation to any representative of the Board in the presence of a third party who is not a representative of the Board; or has been convicted of any crime in a federal court or in a court of this or another state. Section 2 . Said Act is further amended by striking in its entirety subsection (a) of Section 17 and inserting in lieu thereof a new subsection (a) to read as follows: (a) A parolee who has allegedly violated the terms of his parole or conditional release shall have a right to a final hearing before the Board, to be held within a reasonable time after the occurrence of one of the events listed below. However, a final hearing shall not be required if the parolee or conditional releasee has signed a waiver of final hearing or has been convicted of or entered a plea of guilty or nolo contendere to any crime, whether felony or misdemeanor, in a
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court of record of this state. The final hearing, if any, shall be held within a reasonable time: (1) after an arrest warrant has been issued by a member of the Board and probable cause for revocation has been found by the preliminary hearing officer; or (2) after a majority of the Board overrules a determination by the preliminary hearing officer that such probable cause does not exist; or (3) after the Board or 2 of its members is informed of an alleged violation and decides to consider the matter of revocation without issuing a warrant for the alleged violator's arrest; or (4) after a determination has been made that no preliminary hearing is required under Section 16A. 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 7, 1981. EXECUTIVE REORGANIZATION ACT OF 1972 AMENDEDBOARD OF PUBLIC SAFETY. No. 568 (House Bill No. 595). AN ACT To amend the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, so as to change the composition of the Board of Public Safety; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. The Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, is hereby amended by striking from the first paragraph of Section 18 the following: nine, and inserting in lieu thereof the following: ten, and by striking from subsection (b) the following: Three, and inserting in lieu thereof the following: Four, and by adding at the end of subsection (b) the

following: (4) a representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia State Firemen's Association; the first representative shall serve an initial term ending on January 20, 1984. Each subsequent term shall be for three years., so that when so amended Section 18 shall read as follows: Section 18. There is created a Board of Public Safety which shall establish the general policy to be followed by the Department of Public Safety. The Board shall consist of ten members. (a) The following three members serve ex officio: the Governor, who shall be Chairman of the Board; the Attorney General; and the official in charge of the Department of Corrections. (b) Four members shall be selected as follows: (1) a representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the
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Georgia Sheriffs' Association; the first representative shall serve an initial term ending on January 20, 1975, each subsequent term being three years; (2) a representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Association of Chiefs of Police; the first representative shall serve an initial term ending on January 20, 1974, each subsequent term being three years; (3) a representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the District Attorneys' Association of Georgia; the first representative shall serve an initial term ending on January 20, 1973, each subsequent term being three years; (4) a representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia State Firemen's Association; the first representative shall serve an initial term ending on January 20, 1984. Each subsequent term shall be for three years. (c) Within thirty days after its first meeting the Board by majority vote shall appoint three members from the State at large; no person so appointed shall be an officer or employee of any State or local governmental entity at the time of his appointment to or during his membership on the Board. The Board shall designate the initial terms of the three at-large members for two, three, and four years, respectively. Thereafter, all terms of all successors shall be four years. Any vacancy in the at-large membership shall be filled by the Board for the unexpired term. Appointments made pursuant to subsection (b) at times when the Senate is not in session shall be effective ad interim. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981.
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INSURANCEGROUP POLICIES FOR SERVICES WITHIN SCOPE OF OPTOMETRISTS. Code Section 56-2447 Enacted. No. 569 (House Bill No. 604). 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 optometrist 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 an optometrist; 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 56-2447, to read as follows: 56-2447. Policies or contracts providing reimbursement for services within the lawful scope of practice of optometrists. Notwithstanding any provisions in such policies or contracts which might be construed to the contrary, from and after July 1, 1981, 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 optometrist 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 optometrist.
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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 April 7, 1981. GENERAL ASSEMBLYDISTRIBUTION OF JOURNALS. No. 570 (House Bill No. 633). AN ACT To amend Code Section 101-205, relating to the distribution and sale of copies of laws and journals, as amended, particularly by an Act approved April 18, 1975 (Ga. Laws 1975, p. 741), so as to change the provisions relative

to the distribution of journals to members 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 Section 101-205, relating to the distribution and sale of copies of laws and journals, as amended, particularly by an Act approved April 18, 1975 (Ga. Laws 1975, p. 741), is hereby amended by striking from subdivision b. thereof, relating to the distribution of journals of the House and Senate, the following: General Assembly (each member).....one set, and by adding at the end thereof a new subdivision d. to read as follows: d. If any member of the General Assembly wishes to receive a copy of the House or Senate journals, or both, such member shall
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notify, in writing, the librarian on a form provided by the librarian. Upon receiving such written notification, the librarian shall distribute journals to the member in accordance with the request made therefor by such written notification. 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 7, 1981. GEORGIA CRIMINAL JUSTICE IMPROVEMENT COUNCIL CREATED. No. 571 (House Bill No. 643). AN ACT To create the Georgia Criminal Justice Improvement Council; to provide for members, officers, duties, functions, powers, authority, appointments, and vacancies; to provide for a staff; to provide for funds; to provide for matters relative to the foregoing; to provide for specific repeal; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) There is hereby created as a part of the legislative branch of government the Georgia Criminal Justice Improvement Council to be composed of 12 members as follows: The President of the Senate; The Speaker of the House of Representatives;
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The chairmen of the Judiciary, Special Judiciary, Public Safety, and Offender Rehabilitation committees of the Senate; The chairmen of the Judiciary, Special Judiciary, Public Safety, and State Institutions and Property committees of the House of Representatives; A member of the Senate to be appointed by the President of the Senate; and A member of the House of Representatives to be appointed by the Speaker of the House of Representatives. The members shall serve for the terms for which they are elected as members of the General Assembly, and any vacancy occurring during such term shall be filled by appointment of the President, in case of Senators, and by appointment of the Speaker, in case of Representatives. Any member shall be eligible for reappointment in the event he continues to be a member of the General Assembly. The original members shall take office on July 1, 1981. Successors to the original members and all future successors shall serve for the term for which they are elected to membership in the General Assembly. (b) The President of the Senate and the Speaker of the House of Representatives shall fix the time, date, and place of the first meeting which shall be held during the month of July, 1981, at which meeting the council shall elect a chairman and such other officers as it deems advisable. The council shall perfect its own organization, including the establishment of a quorum for the transaction of business. Thereafter, the council shall meet upon the call of the chairman and under such other procedures as the council shall decide. The President of the Senate and the Speaker of the House shall fix a time, date, and place of a meeting during the first 30 days of the legislative session in each odd-numbered year, at which time a chairman and such other officers as the council deems advisable shall be elected. (c) The members of the council shall receive no compensation for their services but shall receive the expenses and allowances provided by law for members of interim legislative committees for attending meetings of the council when the General Assembly is not in session.
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Section 2. The council shall conduct a continuing study of the criminal justice field with particular emphasis on the long-range criminal justice needs of the state. It shall develop criminal justice legislative proposals and is authorized to issue reports and assimilate information concerning its studies, its findings, and its recommendations. The council shall cooperate with departments, agencies, and instrumentalities of the state government and its political subdivisions and all such departments, agencies, and instrumentalities shall cooperate with the council. Section 3. The funds necessary to carry out the provisions of this Act shall come from the funds of the legislative branch of government. Section 4. An Act known as the Criminal Justice Planning and Coordination Act of 1978, approved April 5, 1978 (Ga. Laws 1978, p. 2004), is hereby repealed. Section 5. For the purposes of appointing members, this Act shall become effective upon approval of the Governor or upon its becoming law without his approval but for all other purposes shall become effective July 1, 1981. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981.

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ENFORCEMENT OF PROVISIONS OF CODE CHAPTER 84-3 RELATING TO CONSTRUCTION OF CERTAIN BUILDINGS. Code Section 84-321.1 Enacted. No. 572 (House Bill No. 656). AN ACT To amend Code Chapter 843, relating to architects, as amended, so as to provide for the enforcement of the provisions of said Code chapter; to prohibit the construction of certain buildings until compliance with this Code chapter; 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 84-3, relating to architects, as amended, is hereby amended by adding between Code Section 84-321 and 84-322 a new Code section, to be designated Code Section 84-321.1, to read as follows: 84-321.1. Enforcement of chapter. It shall be the duty of all public officials charged with the responsibility of enforcing codes related to construction of buildings to require compliance with Code Section 84-321 before architectural plans, drawings, and specifications are approved for construction. No building subject to the provisions of Code Section 84-321 and requiring the services of an architect shall be built without such approval prior to construction. 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 7, 1981.
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GAME AND FISHCOMMERCIAL FISHING LICENSES, ETC. Code Title 45 Amended. No. 573 (House Bill No. 685). AN ACT To amend Code Title 45, known as the Game and Fish Code, approved March 16, 1977 (Ga. Laws 1977, p. 396), as amended, so as to increase the resident and nonresident commercial saltwater fishing license fees; to provide for a resident and nonresident commercial eel fishing license; to increase a certain commercial fishing boat license fee; to provide that it shall be unlawful to fish commercially for eels except with a valid commercial eel fishing license; 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 45, known as the Game and Fish Code, approved March 16, 1977 (Ga. Laws 1977, p. 396), as amended, is hereby amended by striking from paragraph (3) of subsection (e) of Code Section 45-303 the figure 2.00 and inserting in lieu thereof the figure 10.25 and by striking from paragraph (4) of subsection (e) of Code Section 45-303 the figure 5.00 and inserting in lieu thereof the figure 100.25, so that when so amended said paragraphs shall read as follows: (3) Resident commercial saltwater fishing license Season 10.25 (4) Nonresident commercial saltwater fishing license Season 100.25 Section 2. Said Code Title is further amended by adding at the end of subsection (e) of Code Section 45-303 two new paragraphs (5) and (6) to read as follows: (5) Resident commercial eel fishing license Season 25.00 (6) Nonresident commercial eel fishing license Season 100.00

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Section 3 . Said Code title is further amended by striking from paragraph (1) of subsection (b) of Code Section 45-305 the terms twenty-five dollars ($25.00) and inserting in lieu thereof the terms fifty dollars ($50.00), so that when so amended said paragraph (1) shall read as follows: (1) A trawler (which shall be any boat or vessel which utilizes one or more trawl or power-drawn nets in the taking of shrimp, crabs, or fish), up to and including eighteen (18) feet in overall length, fifty dollars ($50.00)., and by striking from paragraph (2) of subsection (b) of Code Section 45-305 the terms twenty-five dollars ($25.00) and inserting in lieu thereof the terms fifty dollars ($50.00) and by striking the terms fifty (50) cents and inserting in lieu thereof the terms three dollars ($3.00), so that when so amended said paragraph (2) shall read as follows: (2) A trawler more than eighteen (18) feet in overall length, fifty dollars ($50.00) plus three dollars ($3.00) per foot or fraction thereof of overall length in excess of eighteen (18) feet. Section 4 . Said Code Title is further amended by inserting in subsection (a) of Code Section 45-815, between the word commercial and the words fishing license the word eel so that when so amended said subsection (a) shall read as follows: (a) It shall be unlawful to fish commercially for adult eels except with a valid commercial eel fishing license and a valid commercial fishing boat license as prescribed in Section 45-303, and except in those areas where saltwater commercial catfishing is permitted as provided in Section 45-814, and except in those areas where commercial crab traps are permitted as provided in Section 45-909, and except in those waters specifically opened to such taking by the board. 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
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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 . This Act shall become effective on April 1, 1981. Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. GEORGIA SAFETY FIRE COMMISSIONER ACT AMENDED. No. 574 (House Bill No. 693). AN ACT To amend an Act creating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. Laws 1949, p. 1057), as amended, particularly by an Act approved April 5, 1977 (Ga. Laws 1977, p. 1232), so as to provide that insurance companies which furnish information in accordance with the provisions of the Act are entitled to receive similar information; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. Laws 1949, p. 1057), as amended, particularly by an Act approved April 5, 1977 (Ga. Laws 1977, p. 1232), is hereby amended by adding to subsection (d) of Section 25A the following: Provided, further, that nothing contained herein shall prohibit an insurance company which furnishes information to an authorized agency or agencies pursuant to this section from having the right to
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request relevant information and receive, within a reasonable time not to exceed thirty days, the information requested., so that when so amended, Section 25A of said Act shall read as follows: Section 25A. (a) The State Fire Marshal, any deputy designated by the State Fire Marshal, the Director of the Georgia Bureau of Investigation or the chief of a fire department of any municipal corporation or county where a fire department is established may request any insurance company investigating a fire loss of real or personal property to release any information in its possession relative to that loss. The company shall release the information to and cooperate with any official authorized to request such information pursuant to this section. The information shall include, but is not limited to: (1) any insurance policy relevant to the fire loss under investigation and any application for such a policy; (2) policy premium payment records on such policy to the extent available; (3) history of previous claims made by the insured for fire loss with the reporting carrier; (4) material relating to the investigation of the loss, including statements of any person, proof of loss and any other relevant evidence. (b) If an insurance company has reason to suspect that a fire loss to its insured's real or personal property was caused by incendiary means, the company shall notify the State Fire Marshal and furnish him with all relevant material acquired by such company during its investigation of the fire loss. The insurer shall also cooperate with and take such action as may be requested of it by the State Fire Marshal's Office or by any law enforcement agency of competent jurisdiction. Such company shall also permit any person to inspect its records pertaining to the policy and to the loss if such person is authorized to do so by law or by an appropriate order of a superior court of competent jurisdiction.
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(c) In the absence of fraud or malice, no insurance company or person who furnishes information on its behalf is liable for damages in a civil action or subject to criminal prosecution for any oral or written statement made or any other action taken that is necessary to supply information required pursuant to this section. (d) The officials and departmental and agency personnel receiving any information furnished pursuant to this section shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding, except to the extent that nothing contained herein shall be deemed to prohibit representatives of the State Fire Marshal's Office or other authorized law enforcement officials from discussing such matters with other agency or departmental personnel or with other law enforcement officials or from releasing or disclosing any such information during the conduct of their investigation if such release or disclosure is necessary to enable them to conduct their investigation in an orderly and efficient manner. Provided, further, that nothing contained herein shall prohibit an insurance company which furnishes information to an authorized agency or agencies pursuant to this section from having the right to request relevant information and receive, within a reasonable time not to exceed thirty days, the information requested. (e) Any official referred to in subsection (a) of this section may be required to testify as to any information in his possession regarding the fire loss of real or personal property in any civil action in which any person seeks recovery under a policy against an insurance company for the fire loss. (f) (1) No person shall purposely refuse to release any information requested pursuant to subsection (a) of this section. (2) No person shall purposely refuse to notify the State Fire Marshal of a fire loss required to be reported pursuant to subsection (b) of this section. (3) No person shall purposely refuse to supply the State Fire Marshal with pertinent information required to be furnished pursuant to subsection (b) of this section. (4) No person shall purposely fail to hold in confidence information required to be held in confidence by subsection (d) of this section.

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(g) Any person willfully violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. 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 7, 1981. CRIMINAL PROCEDURETRIALS OF CERTAIN MISDEMEANORS. Code Section 27-705 Amended. No. 575 (House Bill No. 716). AN ACT To amend Code Section 27-705, relating to trials of misdemeanors upon accusations, as amended, so as to expand the list of offenses which may be tried upon the uniform traffic citation and complaint; to authorize the trial of certain misdemeanors upon a certain summons; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 27-705, relating to trials of misdemeanors upon accusations, as amended, is hereby amended by striking subsection (b) of said Code section, which reads as follows: (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).,
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and substituting in lieu thereof the following: (b) (1) In all misdemeanors arising out of the laws of this state relating to (A) the operation and licensing of motor vehicles and operators; (B) the width, height, and length of vehicles and loads; (C) motor common carriers and motor contract carriers; or (D) road taxes on motor carriers as provided in Code Chapter 91A-51, the defendant may be tried upon the uniform traffic citation and complaint as prescribed in an Act providing for a uniform citation, approved April 6, 1972 (Ga. Laws 1972, p. 1148), as now or hereafter amended. (2) In all misdemeanors arising out of the laws of this state relating to game, fish, or boating, the defendant may be tried upon the sunmmons provided for in Code Section 45-215, relating to the jurisdiction of certain courts in certain cases. 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 7, 1981. EDUCATIONRECORDS AND REPORTS OF ATTENDANCE. No. 576 (House Bill No. 738). AN ACT To amend an Act relating to school attendance, approved March 8, 1945 (Ga. Laws 1945, p. 343), as amended, so as to provide that records and reports of attendance may only be used for one purpose; 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 relating to school attendance, approved March 8, 1945 (Ga. Laws 1945, p. 343), 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. Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public and private schools in the county or independent school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all schools, public, private, denominational, or parochial to report, in writing, to the visiting teacher or attendance officer of the county or of the independent school system the names, ages, and residences of all pupils in attendance at their schools and classes within 30 days after the beginning of the school term or terms and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All schools shall keep daily records of attendance verified by the teachers certifying such records. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Such records and reports shall not be used for any purpose except providing necessary attendance information required by the State Board of Education, except with the permission of the parent or guardian of a child or pursuant to subpoena of a court of competent jurisdiction. Any person violating any provision of this section or of the rules and regulations of the State Board of Education relating to compulsory school attendance previously published one time in the official education journal of the state shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed $100.00. 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 April 7, 1981. MUNICIPALITIESSALE OF MUNICIPAL PROPERTY. Code Section 69-318 Amended. No. 577 (House Bill No.

740). AN ACT To amend Code Section 69-318, relating to the sale of municipal property, as amended by an Act approved March 14, 1978 (Ga. Laws 1978, p. 890), so as to provide that the provisions thereof, or any other law or ordinance, shall not apply to the sale of real property within its corporate limits by the governing authority of any municipal corporation to either a public authority or to a nonprofit corporation, which is classified as a public foundation (not a private foundation) under the provisions of the United States Internal Revenue Code, for the purpose of building, erecting, and operating a museum or facility thereon for the development or practice of the arts; to provide that such sale may be made in the open market or by direct negotiations without advertisement and without the acceptance of bids; to provide that the estimation of the value of any property to be sold shall be in the sole and absolute discretion of the governing authorities of the municipality or their designated agent; to provide, however, that nothing shall prevent a municipality from trading or swapping property with another property owner if said trade or swap is deemed to be in the best interest of the municipality; 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:
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Section 1. Code Section 69-318, relating to the sale of municipal property, as amended by an Act approved March 14, 1978 (Ga. Laws 1978, p. 890), is hereby amended by adding at the end thereof a new paragraph to read as follows: Notwithstanding the foregoing provisions of this section, or any other law or ordinance, the governing authority of any municipal corporation is hereby authorized to sell real property within its corporate limits for museum purposes to either a public authority, or a nonprofit corporation which is classified as a public foundation (not a private foundation) under the provisions of the United States Internal Revenue Code, for the purpose thereon of building, erecting, and operating a museum or facility for the development or practice of the arts. Such sale may be made in the open market or by direct negotiations without advertisement and without the acceptance of bids. The estimation of the value of any property to be sold shall be in the sole and absolute discretion of the governing authority of the municipality or its designated agent: provided, however, nothing shall prevent a municipality from trading or swapping property with another property owner if said trade or swap is deemed to be in the best interest of the municipality. 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 7, 1981. MUNICIPALITIESLONG TERM LEASES TO PROVIDE LIBRARY SERVICES. No. 578 (House Bill No. 741). AN ACT To authorize each municipal corporation of this state to enter into certain valid and binding long-term leases for the stated purpose of providing library service; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notwithstanding any provision of law to the contrary, each municipal corporation of this state is hereby authorized, in the discretion of its governing authority, to enter into valid and binding lease agreements with nonprofit corporations, classified as public foundations (not private foundations) under the provisions of the United States Internal Revenue Code, for the stated purpose of providing library services for any period of time not to exceed fifteen (15) years. Section 2. This Act shall become effective upon its being approved 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 April 7, 1981. PRACTICE AND PROCEDURECONFIRMATION OF SALES UNDER FORECLOSURE PROCEEDINGS ON REAL ESTATE. No. 579 (House Bill No. 744). AN ACT To amend an Act providing for confirmation of sales under foreclosure proceedings on real estate, limiting deficiency judgments in certain actions on debts secured by mortgages, security deeds and other lien contracts on real estate, and providing for advertisement of foreclosure sales, approved March 28, 1935 (Ga. Laws 1935, p. 381), so as to require a secured creditor exercising a power of sale contained in a mortgage, security deed or other lien contract on residential property to give a certain notice to certain debtors; to provide

definitions; to provide for the time and contents of such notice; to provide for applicability of such notice requirement to forclosure sales after a certain date; to prohibit waiver or release of such notice; to provide for the validity of title of a good faith purchaser; 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 providing for confirmation of sales under foreclosure proceedings on real estate, limiting deficiency judgments in certain actions on debts secured by mortgages, security deeds and other lien contracts on real estate, and providing for advertisement of foreclosure sales, approved March 28, 1935 (Ga. Laws 1935, p. 381), is hereby amended by adding before the period at the end of Section 2 the following:
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, and notice of the sale shall have been given as required by Section 4 of this Act, so that when so amended Section 2 shall read as follows: Section 2. Be it further enacted, that no sale of real estate under powers contained in mortgages, debt, deeds, or other lien contracts shall be valid unless the sale shall be advertised and conducted at the time and place and in the usual manner of sheriff's sales in the county in which such real estate, or a part thereof, is located, and notice of the sale shall have been given as required by Section 4 of this Act. Section 2. Said Act is further amended by adding, following Section 2, four new sections to be designated Sections 3, 4, 5, and 6, respectively, to read as follows: Section 3. For purposes of Sections 4, 5, and 6 of the Act, the term `debtor' means the grantor of the mortgage, security deed or other lien contract. In the event the property encumbered by the mortgage, security deed, or lien contract has been transferred or conveyed by the original debtor, the term `debtor' shall mean the current owner of the property encumbered by the debt if the identity of such owner has been made known to and acknowledged by the secured creditor prior to the time the secured creditor is required to give notice pursuant to Section 4 of this Act. Section 4. Notice of foreclosure sale. (a) Notice of the initiation of proceedings to exercise a power of sale in a mortgage, security deed or other lien contract shall be given to the debtor by the secured creditor no later than 15 days before the date of the proposed foreclosure. Such notice shall be in writing and shall be sent by registered or certified mail, return receipt requested, to the property address or to such other address as the debtor may designate by written notice to the secured creditor. The notice required by this section shall be deemed given on the official postmark day. (b) The notice required by subsection (a) shall be given by mailing a copy of the published legal advertisement, or a copy of the notice of sale submitted to the publisher, to the debtor. (c) The notice requirement of this section shall apply only to the exercise of a power of sale of property, all or a part of which is to be used as a dwelling place by the debtor at the time the mortgage, security deed or lien contract is entered into.
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Section 5. Applicability; waiver. (a) The requirement of Section 4 of this Act shall apply to all nonjudicial foreclosure sales under a mortgage, security deed, or other lien contract taking place after the effective date of this Act, this statute being procedural and remedial in purpose. (b) No waiver or release of the notice requirements of this Act shall be valid when made in or contemporaneously with the security instrument containing the power of nonjudicial foreclosure sale; but notwithstanding the requirements of this Act, a subsequent quitclaim deed in lieu of foreclosure shall be valid and effective as such. Section 6. All deeds under power shall contain recitals setting forth the giving of notice in compliance with this Act or a statement of the facts which render the same inapplicable thereto, which facts may include without limitation the nonresidential character of the property. The effect of such recitals shall be to protect the validity of the title of any subsequent purchaser in good faith other than the lender. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. WORKERS' COMPENSATIONSUBSEQUENT INJURY TRUST FUND. Code Chapter 114-9 Amended. No. 580 (House Bill No. 746). AN ACT To amend Code Chapter 114-9, relating to the Subsequent Injury Trust Fund in conjunction with workers' compensation, as amended, so as to provide that the employer or the insurer keep the Administrator of the Subsequent Injury Trust Fund informed as to any proposed
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settlement agreement between the employee and the employer or the insurer; to provide that the employer or the insurer obtain the approval of the Subsequent Injury Trust Fund Administrator on all settlement agreements between the employee and the employer or the insurer in all cases where there is a reimbursement agreement; to authorize the Administrator to petition the State Board of Workers' Compensation to rescind a reimbursement agreement where the employer or the insurer failed to obtain the Administrator's approval on a settlement 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. Code Chapter 114-9, relating to the Subsequent Injury Trust Fund in conjunction with workers' compensation, as amended, is hereby amended by adding immediately following Code Section 114-917 a new Code section, to be designated Code Section 114-918, to read as follows: 114-918. Reimbursement agreements, settlement agreements; notification to Administrator. (a) After the employer or insurer and the Administrator of the Subsequent Injury Trust Fund reach an agreement with respect to reimbursement, and the reimbursement agreement is approved by the State Board of Workers' Compensation, or the Board otherwise orders reimbursement pursuant to Code Section 114-907, the employer or the insurer shall have a continuing obligation to keep the Administrator of the Subsequent Injury Trust Fund informed as to any proposed settlement agreement, pursuant to Code Section 114-106, between the employee and the employer or the insurer. (b) The employer or the insurer shall obtain the approval of the Subsequent Injury Trust Fund Administrator on any and all settlement agreements between the employee and the employer or the insurer in all cases where there is a reimbursement agreement between the employer or the insurer and the Subsequent Injury Trust Fund prior to submitting the settlement agreement to the State Board of Workers' Compensation for approval; provided, however, that if the employer or insurer fail to obtain such approval of the Administrator of the Subsequent Injury Trust Fund to such a settlement agreement, and the State Board of Workers' Compensation approves said agreement presented to it, the reimbursement agreement between the employer or the insurer and the Subsequent Injury
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Trust Fund shall become null and void, and the State Board of Workers' Compensation shall, upon the petition of the Administrator of the Subsequent Injury Trust Fund issue an order rescinding the reimbursement agreement. Provided, further, that nothing herein shall prohibit the parties from reaching a compromise settlement as to reimbursement from the Subsequent Injury Trust Fund, upon approval 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 7, 1981. EXECUTIVE REORGANIZATION ACT OF 1972 AMENDEDDIVISION OF ENVIRONMENTAL PROTECTION. No. 581 (House Bill No. 758). AN ACT To amend the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, so as to provide for the transfer of functions from the Department of Natural Resources to the Division of Environmental Protection; to provide for the qualifications of the Director of the Division of Environmental Protection; to provide that said Director may be in the unclassified service; to provide for the authority and duties of said Director; 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:
Page 839
Section 1. The Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, is hereby amended by striking in its entirety Section 1534 pertaining to the Division of Environmental Protection and by substituting in lieu thereof a new Section 1534 to read as follows: Section 1534. Division of Environmental Protection Created; Head; Functions Transferred. There is created within the Department a Division of Environmental Protection. All of the functions transferred to the Department in Sections 1502, 1517, 1530, and 1531 of this Act and those functions of the Georgia Surface Mined Land Use Board, transferred to the Department in Section 1509 of this Act, relating to strip mining, are hereby assigned to the Division of Environmental Protection. The Division shall also carry out the functions and duties assigned to it by the `Georgia Air Quality Control Act of 1978' (Ga. Laws 1978, p. 275), as now or hereafter amended. The Division shall have a Director who shall be both appointed and removed by the Board of Natural Resources with the approval of the Governor. The Director shall be a qualified professional, competent in the fields of environmental protection. The Director may be included in the unclassified service. The Director of the Division shall be responsible for enforcing the environmental protection laws of Georgia, including those enumerated above and any others which may be assigned to the Division. The Director shall hire the personnel for the Division and he shall supervise, direct, account for, organize, plan and execute the functions vested in the Division by this Act. Section 2. Said Act is further amended by striking Section 1529, which reads as follows: Section 1529. Air Quality Control Functions Transferred. All functions related to Air Quality Control, Ga. L. 1967, p. 581, as amended (Ga. Code Ann. sec. 88-903 et al), performed by the Department of Public Health and the Board of Health are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in the Georgia Laws to the functions transferred in this section means the Department of Natural Resources., in its entirety. 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

Page 840

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 April 7, 1981. GEORGIA SECURITIES ACT OF 1973 AMENDEDEXEMPTIONS. No. 582 (House Bill No. 834). AN ACT To amend an Act regulating, among other things, the sale of securities in this state, known as the Georgia Securities Act of 1973, approved April 18, 1973 (Ga. Laws 1973, p. 1202), as amended by an Act approved March 19, 1974 (Ga. Laws 1974, p. 284), an Act approved April 24, 1975 (Ga. Laws 1975, p. 928), and an Act approved April 17, 1979 (Ga. Laws 1979, p. 1296), so as to provide that any transaction involving the issuance of a security in connection with a pooled income fund for which a bank serves as trustee, investment advisor, or investment manager shall be an exempt transaction; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 841

Section 1. An Act regulating, among other things, the sale of securities in this state, known as the Georgia Securities Act

of 1973, approved April 18, 1973 (Ga. Laws 1973, p. 1202), as amended by an Act approved March 19, 1974 (Ga. Laws

1974, p. 284), an Act approved April 24, 1975 (Ga. Laws 1975, p. 928), and an Act approved April 17, 1979 (Ga. Laws

1979, p. 1296), is hereby amended by inserting at the end of Section 9 a new subsection, to be designated subsection (o),

to read as follows: (o) Any transaction involving the issuance of a security in connection with a pooled income fund if

all of the following conditions are met: (1) The fund qualifies as a recipient of tax deductible contributions under

Section 642(c)(5) of the Internal Revenue Code of 1954, as now or hereafter amended; (2) Each prospective donor is

furnished written disclosures which fully and fairly describe the operation of the fund; (3) Each person soliciting gifts

by means of the fund is either a volunteer or a person who is employed in the overall fundraising activities of the charity

that is the beneficiary of the fund who receives no commission or other special compensation based on the amount of gifts

transferred to the pooled income fund; and (4) Either: (A) A bank organized under the laws of the United States or

any bank or trust company organized and supervised under the laws of any state of the United States serves as trustee,

investment adviser, or investment manager of the fund; or (B) An investment company registered under the Investment

Company Act of 1940 as now or hereafter amended or an insurance company licensed to do business in this state serves

as investment adviser or investment manager of the fund.

Section 2. This Act shall become effective upon its

approval by the Governor or upon its becoming law without his approval.

Page 842

Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. WORKERS' COMPENSATION ACT AMENDED. Code Title 114 Amended. No. 583 (House Bill No. 851). AN ACT To amend Code Title 114, relating to workers' compensation, as amended, so as to authorize the coverage of certain volunteer firefighters and to provide for computing their compensation; to change the provisions relative to income benefits for total disability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Title 114, relating to workers' compensation, as amended, is hereby amended by adding at the end of the second paragraph of Code Section 114-101 the following: There shall also be included within said term any volunteer firefighter of any county or municipality of this State, but only for volunteer firefighting services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer firefighters., so that when so amended said second paragraph shall read as follows: 'Employee' shall include every person in the service of another under any contract of hire or apprenticeship, written or implied, except one whose employment is not in the usual course of the trade,

Page 843

business, occupation or profession of the employer and, except as hereinafter provided, minors are included even though working in violation of any child labor law or other similar statute: Provided, that nothing herein contained shall be

construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, when the employee is dead, include also his legal representatives, dependents and other persons to whom compensation may be payable, pursuant to the provisions of this law. All firemen and policemen whose compensation is paid by the State or any county or municipality, regardless of the method of appointment or employment, are hereby specifically included herein. All full-time county employees and employees of elected salaried county officials are hereby specifically included herein. There shall also be included within said term the various elected county officers of an individual county if the governing authority of said county shall provide therefor by appropriate resolution. There shall also be included within said term any volunteer firefighter of any county or municipality of this State, but only for volunteer firefighting services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer firefighters. Section 2 . Said Code Title is further amended by adding at the end of Code Section 114-402, providing for basis of computing compensation, a new subsection (5) to read as follows: (5) If the injured employee is a volunteer firefighter included under this Code Title for volunteer firefighting services rendered to a county or municipality of this State, such firefighter's average weekly wage shall be deemed to be the Georgia average weekly earnings of production workers in manufacturing industries for the immediately preceding calendar year, as published by the Georgia Department of Labor. Section 2.1 . Code Title 114, relating to workers' compensation, as amended, is hereby amended by striking from Code Section 114-404, relating to income benefits for total disability, the following: $110, and inserting in lieu thereof the following:
Page 844
$115, so that when so amended Code Section 114-404 shall read as follows: 114-404. Income benefits for total disability. While the disability to work resulting from an injury is total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's weekly wage, but not more than $115 per week nor less than $25 per week, except that when the weekly wage is below $25 the employer shall pay a weekly benefit equal to the average weekly wage. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. CONSTRUCTION INDUSTRY LICENSING BOARD ACT AMENDED. No. 584 (House Bill No. 852). AN ACT To amend an Act creating the Construction Industry Licensing Board, approved March 31, 1980 (Ga. Laws 1980, p. 1299), so as to exempt manufactured housing service personnel performing certain plumbing and electrical connections; to provide for 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 . An Act creating the Construction Industry Licensing Board, approved March 31, 1980 (Ga. Laws 1980, p. 1299), is hereby amended by adding a new subsection (e) at the end of Section 13 to read as follows:
Page 845
(e) The provisions of this Act shall not apply to manufactured housing service personnel who (1) couple the electrical connection from the service entrance panel outside the manufactured housing to the distribution panel board inside the manufactured housing or (2) connect the exterior sewer outlet(s) to the above ground sewer system or (3) connect the exterior water line to the above ground water system. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections. 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 7, 1981. CONSTRUCTION INDUSTRY LICENSING BOARD ACT AMENDED. No. 585 (House Bill No. 887). AN ACT To amend an Act creating the Construction Industry Licensing Board, approved March 31, 1980 (Ga. Laws 1980, p. 1299), so as to exempt persons performing certain installations, alterations, and repairs in farm and ranch buildings from the requirement of licensure; 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 Construction Industry Licensing Board, approved March 31, 1980 (Ga. Laws 1980, p. 1299), is hereby amended by adding a new subsection (f) of Section 16 to read as follows:
Page 846
(f) The provisions of this Act shall not prohibit any person from installing, altering, or repairing plumbing, plumbing fixtures, airconditioning and heating fixtures, or electrical services in a farm or ranch service building. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a

county or municipality relating to such connections. 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 7, 1981. COMMENCEMENT OF ACTIONS TO ENFORCE LIENS. Code Section 67-2002 Amended. No. 586 (House Bill No. 903). AN ACT To amend Code Section 67-2002, relating to how liens are declared and created, as amended, so as to provide for notice of the commencement of an action to enforce a lien; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 67-2002, relating to how liens are declared and created, as amended, is hereby amended by striking in its entirety the first undesignated paragraph of subsection 3. thereof, which reads as follows:
Page 847
The commencement of an action for the recovery of the amount of his claim within 12 months from the time the same shall become due, and if the action is not filed in the superior court of the county in which the claim of lien was filed, then also within such 12 months' period, the party claiming the lien shall file under oath with the clerk of the superior court of the county wherein the subject lien was filed a notice identifying the court wherein the action is brought, the style and number of the action, including the names of all parties thereto, the date of the filing of the action, and the book and page number of the records of the country wherein the subject lien is recorded in the same manner in which liens specified in section 67-2001 are filed. Failure to bring action and to file such notice within the time required shall extinguish the subject claim of lien and render the same unenforceable., and inserting in lieu thereof a new undesignated paragraph to read as follows: The commencement of an action for the recovery of the amount of his claim within 12 months from the time the same shall become due. In addition, at the time of filing such action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed. The notice shall contain a caption referring to the then owner of the property against which the lien was filed and referring to a deed or other recorded instrument in the chain of title of the affected property. The notice shall be executed, under oath, by the party claiming the lien or by his attorney of record. The notice shall identify the court wherein the action is brought, the style and number of the action, including the names of all parties thereto, the date of the filing of the action, and the book and page number of the records of the county wherein the subject lien is recorded in the same manner in which liens specified in Section 672001 are filed. The clerk of the superior court shall enter on the subject lien so referred to the book and page on which the notice is recorded and shall index such notice in the name of the then purported owner as shown by the caption contained in such notice. A separate lis pendens notice need not be filed with the commencement of this action. Failure to bring action and to file the notice described in this paragraph within the time required shall extinguish the subject claim of lien and render the same unenforceable.
Page 848
Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. FINANCIAL INSTITUTIONS CODE OF GEORGIA AMENDEDDISPOSITION OF FUNDS IN CARE OF NURSING HOMES. Code Section 41A-1610 Amended. No. 587 (House Bill No. 910). AN ACT To amend Code Section 41A1610, relating to the payment of deposits of deceased depositors, as amended, so as to provide for the disposition of funds in the care and possession of a nursing home when the owner of the funds dies intestate while confined to the nursing home; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 41A-1610, relating to the payment of deposits of deceased depositors, as amended, is hereby amended by adding a new subsection (d) at the end of said Code section to read as follows: (d) Notwithstanding any other provisions of law to the contrary, when any person dies intestate as a resident of a nursing home in this state and such nursing home is left in possession of moneys belonging to the decedent which do not exceed $1,500.00, such nursing home may deposit such moneys into a savings account in the name of the decedent in a financial institution located in the area of the nursing home or such other place designated by the decedent or the decedent's representative prior to the death of the decedent.
Page 849
Such account shall be managed in accordance with the signature contract in effect at the financial institution at the time the account is opened. Any financial institution receiving such deposits is authorized to pay the proceeds in accordance with the provisions of subsections (a), (b), and (c) of this Code section. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. EXECUTIVE REORGANIZATION ACT OF 1972 AMENDEDFRANKLIN D. ROOSEVELT WARM SPRINGS MEMORIAL ADVISORY COMMITTEE. No. 588

(House Bill No. 957). 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, particularly by an Act approved March 20, 1980 (Ga. Laws 1980, p. 593), so as to provide for the continuance of the Franklin D. Roosevelt Warm Springs Memorial Advisory Committee; to provide for the appointment of members and their terms of 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 . An Act known as the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, particularly by an Act approved March 20, 1980 (Ga. Laws 1980, p. 593), is hereby amended by striking in their entirety the last two sentences of subsection (c) of Section 16, which read as follows: Vacancies in office shall not be filled. When the last terms of office have expired, the Committee shall cease to exist.,
Page 850
and inserting in lieu thereof the following: As the terms of office of members expire, successors shall be appointed by the Governor for terms of seven years and until their successors are appointed and qualified., so that when so amended subsection (c) shall read as follows: (c) There is hereby created the Franklin D. Roosevelt Warm Springs Memorial Advisory Committee. The members of the Committee shall consist of the members of the heretofore existing Franklin D. Roosevelt Warm Springs Memorial Commission in office at the time this Section becomes effective, each of whom shall serve for the unexpired portion of his respective office on the said Commission. The Committee shall consult with and advise the Governor, the Board of Natural Resources and the Department of Natural Resources concerning the execution of the functions transferred to the Department by subsection (a) hereof. The Committee shall elect one of its members as chairman and another as vice-chairman and shall also elect a secretary and treasurer, who need not necessarily be members of the Committee. A majority of the Committee shall constitute a quorum. No member of the Committee shall be entitled to compensation, but each shall be reimbursed from State funds for actual transportation costs while traveling by public carrier, the legal mileage rate for use of a personal automobile and the actual cost of lodging and meals while away from his office on official State business. As the terms of office of members expire, successors shall be appointed by the Governor for terms of seven years and until their successors are appointed and qualified. 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 7, 1981.
Page 851
CAMPAIGN FINANCIAL DISCLOSURE ACT AMENDEDCONTRIBUTIONS DURING LEGISLATIVE SESSIONS. No. 589 (House Bill No. 996). AN ACT To amend the Campaign and Financial Disclosure Act, approved March 5, 1974 (Ga. Laws 1974, p. 155), as amended, so as to provide for the reporting of certain campaign contributions given during a legislative session to a member of the General Assembly or the campaign committee of a member 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 . The Campaign and Financial Disclosure Act, approved March 5, 1974 (Ga. Laws 1974, p. 155), as amended, is hereby amended by adding immediately following Section 8B a new Section 8C to read as follows: Section 8C. (a) Any member of the General Assembly or that member's campaign committee who accepts a reportable campaign contribution during a legislative session shall report it to the proper authority on the first day of the month following the month in which said contribution was accepted. (b) Any person subject to the provisions of Section 7A who gives a contribution to a member of the General Assembly or that member's campaign committee during a legislative session shall report it to the proper authority on the first day of the month following the month in which said contribution was given. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Page 852
Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 7, 1981. ACTIONSSUITS AGAINST REPRESENTATIVES OF OBLIGORS. Code Section 3-305 Amended. No. 590 (Senate Bill No. 2). AN ACT To amend Code Section 3-305, relating to suits against representatives of obligors, so as to reduce the period of exemption from suit for representatives of estates from 12 months to six months; to state legislative findings and intent; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 3-305, relating to suits against representatives of obligors, is hereby amended by striking the following: 12 months, and inserting in its place the following: six months, so that when so amended, said Code section shall read as follows: 3-305. Suits against representative of obligor; accrual of right of

action. Where any person shall be in possession (in his own right, or in any other capacity) of any note, bill, bond, or other obligation in writing, signed by two or more persons, and one or more of the persons
Page 853
whose names are so signed shall die before the payment of the money or the compliance with the conditions of said bond or obligation in writing, the person holding such bill, bond, note, or other obligation in writing shall not be compelled to sue the survivors alone, but may at his discretion sue the survivor or survivors, or the representatives of such deceased person or persons, or survivor or survivors, in the same action with the representative or representatives of such deceased person or persons: Provided, that nothing herein contained shall authorize the bringing of an action against the representative of any estate, until six months after the probate of the will or the granting of letters of administration on such estate or estates. This section shall be so construed as to embrace debts against copartners as well as against joint or joint and several contractors. Section 2 . The General Assembly finds that an Act approved April 5, 1971, (Ga. Laws 1971, p. 433), amended Code Section 113-1526, so as to reduce the period of exemption from suit for administrators from one year to six months but that no corresponding amendment to Code Section 3-305 was then made. It is the intent of this Act to conform the provisions of Code Section 3-305 to those of Code Section 113-1526; and this Act shall not be construed to imply that said Act approved April 5, 1971, was not effective to work a repeal by implication of Code Section 3-305 to the extent of said conflict. 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 9, 1981.
Page 854
HEALTHCOMPENSATION OF EMPLOYEES OF CERTAIN INSTITUTIONS FOR DAMAGES. Code Section 882411 Enacted. No. 591 (Senate Bill No. 3). AN ACT To amend Code Chapter 88-24, relating to rights of certain state employees, as amended, so as to provide compensation to employees of institutions operated by the Department of Human Resources for certain personal property losses sustained through patient action; 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 88-24, relating to rights of certain state employees, as amended, is hereby amended by adding a new Code section at the end of said Code chapter, to be designated Code Section 88-2411, to read as follows: 88-2411. Compensation to employees of certain institutions for damages to wearing apparel caused by patient action. When action by a patient in one of the institutions operated by the Department of Human Resources results in damage to an item of wearing apparel of an employee of the institution, the Department of Human Resources shall compensate the employee for the loss in the amount of either the repair cost or the replacement value or the cost of the item of wearing apparel, whichever is less. `Wearing apparel' shall include eyeglasses, hearing aids, clothing, and similar items worn on the person of the employee. Such losses shall be compensated only in accordance with procedures to be established by the Department of Human Resources and no compensation shall be made by said Department in excess of $500.00 per claim. 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, 1981.
Page 855
GEORGIA MEDICAL ASSISTANCE ACT OF 1977COMMISSIONER'S SALARY. No. 592 (Senate Bill No. 13). AN ACT To amend an Act known as the Georgia Medical Assistance Act of 1977, approved March 16, 1977 (Ga. Laws 1977, p. 384), as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1520), and an Act approved April 17, 1979 (Ga. Laws 1979, p. 1293), so as to provide a procedure for fixing of the salary of the Commissioner of the Department; 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 Medical Assistance Act of 1977, approved March 16, 1977 (Ga. Laws 1977, p. 384), as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1520), and an Act approved April 17, 1979 (Ga. Laws 1979, p. 1293), is hereby amended by adding a new sentence at the end of Section 6 to read as follows: The annual salary of the Commissioner shall be fixed by the Board, subject to the approval of the Governor., so that when so amended, Section 6 shall read as follows: Section 6. There is hereby created the position of Commissioner of Medical Assistance. The Commissioner shall be the chief administrative officer of the Department and, subject to the general policy established by the Board, he shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the Department. The Commissioner shall be appointed by and shall

Page 856
serve at the pleasure of the Governor. The annual salary of the Commissioner shall be fixed by the Board, subject to the approval of the Governor. 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, 1981. DEPARTMENT OF ADMINISTRATIVE SERVICESAUTOMOBILE MILEAGE ALLOWANCE FOR STATE EMPLOYEES. No. 593 (Senate Bill No. 18). 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 March 18, 1980 (Ga. Laws 1980, p. 350), 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
Page 857
approved March 18, 1980 (Ga. Laws 1980, p. 350), 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 20 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 20 cents per mile until members take office on the convening date of the General Assembly in regular session in 1983 and until that time shall receive 18 cents per mile. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. SUPERIOR COURT CLERKS' RETIREMENT SYSTEM ACT AMENDED. No. 594 (Senate Bill No. 21). 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), an Act approved March 26, 1968 (Ga. Laws 1968, p. 420), an Act approved March 29, 1971 (Ga. Laws 1971, p. 228), an Act approved March 23, 1972 (Ga. Laws 1972, p. 352), an Act approved March 24, 1976 (Ga. Laws 1976, p. 729), an Act approved April 6, 1978 (Ga. Laws 1978, p. 2069), and by an Act approved April 8, 1980 (Ga. Laws 1980, p. 1547), so as to change the provisions relating to contributions; to change the provisions relating to retirement benefits for clerks of the superior courts and their
Page 858
spouses who are retired or may retire hereafter; 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 March 3, 1964 (Ga. Laws 1964, p. 202), an Act approved March 26, 1968 (Ga. Laws 1968, p. 420), an Act approved March 29, 1971 (Ga. Laws 1971, p. 228), an Act approved March 23, 1972 (Ga. Laws 1972, p. 352), an Act approved March 24, 1976 (Ga. Laws 1976, p. 729), an Act approved April 6, 1978 (Ga. Laws 1978, p. 2069), and by an Act approved April 8, 1980 (Ga. Laws 1980, p. 1547), is hereby amended by striking from Section 7 the symbols and figures $18.00, $4,320.00, and $216.00, wherever the same shall appear, and substituting in lieu thereof the symbols and figures $36.00, $8,640.00, and $432.00, respectively, so that when so amended Section 7 shall read as follows: Section 7. Any clerk in order to participate in the benefits provided for in this Act shall make application to the superior court clerks' retirement fund of Georgia upon blanks to be furnished for that purpose by the board, giving such information as may be required by the board. He shall pay a monthly sum into the fund which shall be either 5% of the money received for official services as clerk, or $36.00 per month, whichever is the smaller sum. In computing the above percentage, the clerk shall be allowed to deduct any sums which he must expend for the operation of this office so that said 5% shall be based on his net income from said office. All clerks who make application and are accepted for membership in the fund shall furnish the board under oath with a statement of their monthly earnings and shall remit to the board, not later than the tenth day of each subsequent month, the amount due hereunder. No payments shall be made to the board earlier than for the month of April, 1952. Provided, however, any other provisions of this section to the contrary notwithstanding, any clerk receiving as net

income for his services the sum of $8,640.00 or more per annum shall, in order to participate in the benefits provided in this Act, pay into the fund a total amount of not less than $432.00 for each year. If the sum paid in by such clerk through monthly remittances does not amount to
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$432.00, he shall pay the sum necessary to make up the difference on or before the 20th day of January of the following year. Provided further, however, any other provisions of this section to the contrary notwithstanding, any clerk receiving as net income from his services a sum less than $8,640.00 per annum shall, in order to participate in the benefits provided in this Act, pay into the fund a total amount of not less than 5% of the sum which he receives for each year. If the sum paid in by such clerk through monthly remittances does not amount to such 5%, he shall pay the sum necessary to make up the difference on or before the 20th day of January of the following year. If any payments required to be made to the fund by a clerk shall remain unpaid ninety (90) days from the date such payment shall be due, such payments shall bear interest from the due date at the rate of six per cent (6%) per annum. In the event of such delinquency, in order to be eligible to receive any benefits provided by this Act, a clerk must remit with such delinquent payments the interest as provided for herein. Section 2 . Said Act is further amended by deleting the figure $450.00 from subsection (a) of Section 9 and inserting in lieu thereof the figure $520.00, so that when so amended subsection (a) of Section 9 shall read as follows: (a) In order to be eligible to receive the retirement benefits provided for in this Act, a clerk of the superior court must have served twenty years, and at least twelve years of such service must have been as clerk of the superior court, and four years must have been served continuously as clerk of a superior court immediately preceding retirement. Subject to the restrictions set out herein, a clerk in computing such service, may include service as a deputy clerk of the superior court and may include not more than four years of service as a member of the armed forces of the United States served on active duty during any period of time in which the United States was engaged in an armed conflict, regardless of whether a state of war had been declared by Congress, provided no service as a member of the armed forces of the United States shall be deemed as service as a clerk or as a deputy clerk of the superior court hereunder if such service has or will be used in the determination of any clerk's or deputy clerk's eligibility for retirement benefits or allowances from any other State or Federal retirement program, excluding social security. No person shall be eligible for the retirement benefits provided herein unless he or she has paid into the fund the amount provided for in this Act for
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the four years' service immediately preceding his or her retirement. Any such clerk who is approved for the purpose of receiving retirement benefits shall be paid a sum of $520.00 per month. No person shall receive credit for any service performed after the effective date of this Act unless payment for the period covered by such service has been made to the Board as provided for in this Act. No person shall be eligible for benefits provided herein until his or her official duties shall have terminated and unless he or she shall file application for benefits within ninety days, or as soon thereafter as possible, from the time of the termination of his or her official duties. Section 3 . Said Act is further amended by deleting the figure $450.00 from Section 9B and inserting in lieu thereof the figure $520.00, so that when so amended Section 9B shall read as follows: Section 9B. Notwithstanding any other provisions of this Act to the contrary, a clerk may retire after completing sixteen years of creditable service as provided for above, provided he or she shall have become totally and permanently disabled, after having commenced his or her service as a clerk, and any such clerk shall be entitled to receive retirement benefits in the amount of $520.00 per month. All questions relating to the degree and nature of the total and permanent disability suffered by the clerk shall be determined by the Board of Commissioners. Section 4 . Said Acts is further amended by deleting the figure $360.00 from Section 10A and inserting in lieu thereof the figure $416.00, so that when so amended Section 10A shall read as follows: Section 10A. A clerk of the superior court, if otherwise eligible, may receive the retirement benefits provided for herein if he or she has served sixteen years, at least eight years of which have been served as a clerk. The four years immediately preceding retirement must have been served as a clerk. No other type service shall be counted except service as a deputy clerk of the superior court. Any such clerk who is approved for the purpose of receiving retirement benefits shall be paid the sum of $416.00 per month. Section 5 . Said Act is further amended by deleting the figure $270.00 from Section 10B and inserting in lieu thereof the figure $312.00, so that when so amended Section 10B shall read as follows:
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Section 10B. A clerk of the superior court, if otherwise eligible, may receive the retirement benefits provided for hereinafter if he or she has served twelve years, at least eight years of which have been served as a clerk. The four years

immediately preceding retirement must have been served as a clerk. No other type service shall be counted except service as a deputy clerk of the superior court. Any such clerk who is approved for the purpose of receiving retirement benefits shall be paid the sum of $312.00 per month. Section 6 . Said Act is further amended by striking Section 10D in its entirety and substituting in lieu thereof a new Section 10D to read as follows: Section 10D. The increases in retirement benefits resulting from changes made in this Act prior to January 1, 1981, and the increases in retirement benefits resulting from changes made in this Act during calendar year 1981 shall also be used in the computation of any retirement benefits allowed a widow or widower of a deceased clerk pursuant to the terms of this Act. Section 7 . Said Act is further amended by striking from Section 10F the figure 1978 wherever the same appears and inserting in lieu thereof the figure 1981 so that when so amended Section 10F shall read as follows: Section 10F. Any other provisions of this Act to the contrary notwithstanding, each member who retired prior to April 1, 1981, and all members who have ceased their service as clerks and are awaiting to attain retirement age, shall receive benefits under this Act in the same amount as a member having the same number of years of service would receive if such member retires on April 1, 1981. The purpose of this Section is to assure that all members retired prior to April 1, 1981, and all members who have ceased their service as clerks and are awaiting retirement age, shall receive the same amount of retirement benefits as a member with the same number of years of service would receive upon such member's retirement on April 1, 1981. The provisions of this Section shall not reduce the amount of any benefits which a retired member or the spouse of a deceased member is receiving as of March 31, 1981. The increased benefits provided by this Act shall be paid to retired members and spouses of deceased members effective on April 1, 1981.
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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, 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 on April 1, 1981. Section 10 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. JUVENILESDEFINITIONS, ARRESTS, ETC. Code Sections 5A-9901.1, 24A-401, 58-612.1 Amended. No. 595 (Senate Bill No. 30). AN ACT To amend Code Section 24A-401, providing for definitions to be used in the Juvenile Court Code of Georgia, as amended, so as to provide that failure to appear and answer certain citations shall constitute a delinquent act; to amend Code Section 58-612.1, changing the legal age at which persons can purchase or possess alcoholic beverages, so as to authorize, in cases of purchase or possession of alcoholic beverages by persons under 19 years of age, the issuance of citations, the depositing of certain licenses and permits to assure appearance and procedures connected therewith, and the apprehension of certain persons for failure to appear and penalties therefor; to
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amend Code Section 5A-9901.1, relating to penalties for furnishing alcoholic beverages to and possession of alcoholic beverages by persons under 19 years of age, so as to incorporate certain provisions of this Act into and continue these provisions of this Act as a part of the new Georgia Alcoholic Beverage Code; to provide an effective date; to provide for automatic repeal of a section of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 24A-401, providing for definitions to be used in the Juvenile Court Code of Georgia, as amended, is hereby amended by striking the period at the end of paragraph (2) of subsection (e) thereof and inserting in lieu thereof a semicolon and by adding at the end of subsection (e) thereof a new paragraph (3) to read as follows: (3) Failing to appear as required by a citation issued with regard to violation of Code Section 58-612.1, as amended, or, on and after July 1, 1981, with regard to violation of Code Section 5A-510, as now or hereafter amended., so that when so amended said subsection (e) shall read as follows: (e) `Delinquent Act' means: (1) An act designated a crime by the laws of Georgia, or of another state if the act occurred in that state, or under federal laws, or by local ordinance, and the crime does not fall under paragraph (3) of subsection (g) and is not a juvenile traffic offense as defined in section 24A-3101; (2) The act of disobeying the terms of supervision contained in a court order which has been directed to a child who has been adjudged to have committed a delinquent act; (3) Failing to appear as required by a citation issued with regard to violation of Code Section 58-612.1, as amended, or, on and after July 1, 1981, with regard to violation of Code Section 5A-510, as now or hereafter amended. Section 2 . Code Section 58-612.1, changing the legal age at which persons can purchase or possess alcoholic beverages, is hereby amended by adding at the end thereof new subsections (g) and (h) to read as follows:

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(g) Unless the officer has reasonable cause to believe the person is intoxicated, a law enforcement officer may arrest by issuance of a citation a person accused of violating only subsection (a) of this Code section. The citation shall enumerate the specific charges against the person and either the date upon which the person is to appear and answer the charges or a notation that the person will be later notified of the date upon which the person is to appear and answer the charges. If the person charged shall fail to appear as required, the judge having jurisdiction of the offense may issue a warrant or other order directing the apprehension of such person and commanding that he be brought before the court to answer the charges contained within the citation and the charge of his failure to appear as required. Nothing in this subsection shall be construed to invalidate an otherwise valid arrest by citation of a person who is intoxicated. (h) A law enforcement officer arresting a person by the issuance of a citation under subsection (g) may require any such person having a driver's license or instruction permit to deposit such license or permit with the arresting officer to assure the appearance of such person to answer the charges against him. The procedures and rules connected with the acceptance of such license or permit and subsequent disposition of the case shall be the same as provided for the acceptance of a driver's license as bail on arrest for traffic offenses pursuant to an Act approved February 20, 1976 (Ga. Laws 1976, p. 213), as now or hereafter amended. Section 3 . Code Section 5A-9901.1, relating to penalties for furnishing alcoholic beverages to and possession of alcoholic beverages by persons under 19 years of age, is hereby amended by adding at the end thereof new subsections (d) and (e) to read as follows: (d) Unless the officer has reasonable cause to believe such person is intoxicated, a law enforcement officer may arrest by issuance of a citation a person accused of violating only paragraph (2) of subsection (a) of Code Section 5A-510. The citation shall enumerate the specific charges against the person and either the date upon which the person is to appear and answer the charges or a notation that the person will be later notified of the date upon which the person is to appear and answer the charges. If the person charged shall fail to appear as required, the judge having jurisdiction of the offense may issue a warrant or other order directing the apprehension of such person and commanding that he be brought before the court to answer the charges contained within the citation and the charge of his
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failure to appear as required. Nothing in this subsection shall be construed to invalidate an otherwise valid arrest by citation of a person who is intoxicated. (e) A law enforcement officer arresting a person by the issuance of a citation under subsection (d) may require any such person having a driver's license or instruction permit to deposit such license or permit with the arresting officer to assure the appearance of such person to answer the charges against him. The procedures and rules connected with the acceptance of such license or permit and subsequent disposition of the case shall be the same as provided for the acceptance of a driver's license as bail on arrest for traffic offenses pursuant to an Act approved February 20, 1976 (Ga. Laws 1976, p. 213), as now or hereafter amended. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval except that Section 3 shall become effective July 1, 1981. Section 5 . Section 2 of this Act is repealed effective July 1, 1981. Section 6 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. FRANCHISE OF CABLE TELEVISION SYSTEMS, ETC. No. 596 (Senate Bill No. 31). AN ACT To authorize the governing authorities of counties to limit the installation and operation of cable television systems within their territorial limits to operators licensed and franchised by the county; to authorize such governing authorities to grant one or more franchise
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licenses for, and to regulate by ordinance or resolution, the operation of cable television systems within their territorial limits; to provide for franchise fees; to prohibit county franchises and fees within municipalities and municipal franchises and fees within unincorporated areas; to provide for construction; to provide for a definition; to provide exceptions; to state legislative intent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Unless the context otherwise clearly requires, as used in this Act cable television system means a nonbroadcast facility consisting of a set of transmission paths and associated generation, reception, transmission, and control equipment, under common ownership and control, that distributes or is designed to distribute to subscribers the signals of one or more television broadcast stations and programs received via satellite, microwave, video tape, video discs, or produced by the franchised cable system. Section 2 . The governing authority of each county in this state is authorized to limit the operation of cable television systems within its territorial limits, except as limited by Section 3, to operators licensed and franchised by the county, to grant, in its sole discretion, one or more franchise licenses for the

operation of cable television systems within the territorial limits of that county, except as limited by Section 3, and to regulate by ordinance or resolution the operation of cable television systems licensed and franchised by that county. The governing authority of each such county, in connection with the grant of such franchises, is further authorized to charge franchise fees to cable television systems for the right to operate the systems within the unincorporated areas of the county and within any incorporated areas subject to the limitation contained in Section 3 of this Act. Cable television system franchise fees shall be negotiated between each county and each franchisee, in an amount not to exceed that authorized under applicable federal law and regulations. Section 3 . A county shall neither grant a franchise nor collect a franchise fee for the operation of cable television systems within the corporate limits of any municipality except by agreement with the municipality. A municipality shall neither grant a franchise nor collect a franchise fee for the operation of cable television systems within the unincorporated area of a county except by the agreement with the county.
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Section 4 . It is the intent of this Act to expressly confirm the authority of counties to grant franchises for, and to regulate by ordinance or resolution, cable television systems within their territorial limits, except as limited by Section 3. Nothing in this Act shall be construed to impair any cable television system franchise license lawfully issued by a county or municipality prior to the effective date of this Act; and any such license shall be entitled to the benefits hereof. Section 5 . This Act shall not apply to any cable television system owned or operated by a city, county, or school system. 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 April 9, 1981. NUISANCESPROCEDURE TO ABATE, ETC. Code Section 72-201 Amended. No. 597 (Senate Bill No. 39). AN ACT To amend Code Section 72-201, relating to authorization and procedure for abatement of nuisances generally, as amended, particularly by an Act approved March 20, 1980 (Ga. Laws 1980, p. 620), so as to provide for proper venue for the abatement of nuisances as provided in said Code section; 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 72-201, relating to authorization and procedure for abatement of nuisances generally, as amended, particularly by an Act approved March 20, 1980 (Ga. Laws 1980, p. 620), is hereby amended by striking from said Code section the following: in which the nuisance exists, and inserting in lieu thereof the following: in which venue is proper, so that when so amended Code Section 72-201 shall 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 venue is proper. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. CRIMESINSURRECTION DEFINED, ETC. Code Chapter 26-22 Amended. No. 598 (Senate Bill No. 40). AN ACT To amend Code Chapter 26-22, relating to treason and related offenses, as amended, so as to change the definition of the offenses of insurrection and inciting to insurrection; 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 26-22, relating to treason and related offenses, as amended, is hereby amended by striking Code Section 26-2202, relating to insurrection, in its entirety and inserting in lieu thereof a new Code Section 26-2202, to read as follows: 26-2202. Insurrection. A person commits the offense of insurrection when he combines with others to overthrow or attempt to overthrow the representative and constitutional form of the government of the state or any political subdivision thereof when the same is manifested by acts of violence. A person convicted of the offense of insurrection shall be punished by imprisonment for not less than one nor more than ten years. Insurrection shall be bailable only in the discretion of a judge of the superior court. Section 2 . Said Code chapter is further amended by striking Code Section 26-2203, relating to inciting to insurrection, in its entirety and inserting in lieu thereof a new Code Section 26-2203 to read as follows: 26-2203. Inciting to insurrection. A person commits the offense of inciting to insurrection when he incites others to overthrow or attempt to overthrow the representative and constitutional form of government of the state or any political subdivision thereof and he or they commit any violent act in furtherance thereof. A person convicted of the offense of inciting to insurrection shall be punished by imprisonment for not less than one nor more than ten years. Inciting to insurrection shall be bailable only in

the discretion of a judge of the superior court. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981.
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UNFAIR CIGARETTE SALES ACT REPEALED. No. 599 (Senate Bill No. 41). AN ACT To repeal an Act known as the Unfair Cigarette Sales Act, approved February 17, 1949 (Ga. Laws 1949, p. 695), as amended; to provide for a statement of purpose; 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 an Act known as the Unfair Cigarette Sales Act, approved February 17, 1949 (Ga. Laws 1949, p. 695), as amended, was declared unconstitutional in part and that the remaining provisions of this Act are not severable. Therefore, the Act should be specifically repealed. Section 2 . An Act known as the Unfair Cigarette Sales Act, approved February 17, 1949 (Ga. Laws 1949, p. 695), as amended, is hereby repealed in its entirety. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. SURETYSHIP DEFINED, ETC. Code Section 103-101 Amended. No. 600 (Senate Bill No. 42). AN ACT To amend Code Title 103, relating to suretyship, as amended, so as to abolish the distinction between contracts of suretyship and
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guaranty; to change certain definitions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Title 103, relating to suretyship, as amended, is hereby amended by striking Code Section 103-101, which reads as follows: 103-101. Definition; guaranty distinguished.The contract of suretyship is one whereby a person obligates himself to pay the debt of another in consideration of credit or indulgence, or other benefit given to his principal, the principal remaining bound therefor. It differs from a guaranty in this, that the consideration of the latter is a benefit flowing to the guarantor., in its entirety and inserting in lieu thereof a new Code Section 103-101 to read as follows: 103-101. Definition. The contract of suretyship or guaranty is one whereby a person obligates himself to pay the debt of another in consideration of a benefit flowing to the surety or in consideration of credit or indulgence or other benefit given to his principal, the principal in either instance remaining bound therefor. Sureties, including those formerly called guarantors, are jointly and severally liable with their principal unless the contract provides otherwise. There shall be no distinction between contracts of suretyship and guaranty. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981.
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REGISTRATION OF TRADENAMES, ETC. No. 601 (Senate Bill No. 44). AN ACT To amend an Act providing for the registration of trade names, partnership names, and other names not disclosing the individual or corporate ownership of trades or businesses carried on under such names, approved March 29, 1937 (Ga. Laws 1937, p. 804), as amended, so as to revise the provisions relating to the registration of such trade names, partnership names, or other names; to provide for a statement of purpose and intent; to correct certain grammatical errors; to repeal an Act amending Section 106-301 of the Code of Georgia of 1933, approved March 20, 1943 (Ga. Laws 1943, p. 398); 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 . The General Assembly hereby finds that Code Sections 106-301 to 106-304 were repealed by Section 4 of an Act providing for the registration of trade names, partnership names, and other names not disclosing the individual or corporate ownership of trades or businesses carried on under such names, approved March 29, 1937 (Ga. Laws 1937, p. 804). The General Assembly further finds that Code Section 106-301 which had been repealed by the 1937 Act was purportedly amended by an Act approved March 20, 1943 (Ga. Laws 1943, p. 398). It is the purpose of this Act to eliminate any possible confusion which might arise as a result of the purported amendment of a Code section which had previously been repealed. Section 2 . An Act providing for the registration of trade names, partnership names, and other names not disclosing the individual or corporate ownership of trades or businesses carried on under such names, approved March 29, 1937 (Ga. Laws 1937, p. 804), as amended, is hereby amended by striking Section 1, which reads as follows: Section 1. Every person, firm, partnership, or corporation carrying on in this State any trade or business under any trade name or partnership name or other names, which does not disclose the individual or corporation ownership of the trade, business, or profession carried on under such name, shall within 30 days from the approval of this Act or thereafter before commencing to do business, file in the
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office of the clerk of the Superior Court of the county in which said business is chiefly carried on, or in case of a domestic corporation, using any name other than its corporate name, in the county of its legal domicile, a registration statement, verified by affidavit, setting forth the name or names and address of the person, persons, firm, partnership, or corporation owning and carrying on said trade or business, and the trade, partnership, or other name used; and shall, upon any change of ownership, likewise file a new and amended statement of registration: Provided, that no person, firm, partnership, or corporation already registered shall be required to re-register except in the event of a change of ownership: Provided, further, that this Act shall not apply to persons practicing any profession under a partnership name., and inserting in lieu thereof a new Section 1 to read as follows: Section 1. Every person, firm, or partnership, carrying on in this state any trade or business under any trade name, or partnership name, or other name which does not disclose the individual ownership of the trade, business, or profession carried on under such name shall, within 30 days from the approval of this Act or thereafter commencing to do business, file in the office of the clerk of the superior court of the county in which said business is chiefly carried on, or in case of a domestic corporation using any name other than its corporate name in the county of its legal domicile, a registration statement, verified by affidavit, setting forth the name or names and addresses of the person, persons, firm, or partnership owning and carrying on said trade or business and stating the nature of the business being carried on and the trade, partnership, or other name used and shall, upon any change of ownership, likewise file a new and amended statement of registration. Notice of such filing giving the names and addresses of each person, firm, or partnership to engage in business under such trade name or partnership name shall be published in the paper in which the sheriff's advertisements are printed once a week for two weeks. No person, firm, or partnership already registered shall be required to register except in the event of a change of ownership. This Act shall not apply to persons practicing any profession under a partnership name. Section 3 . An Act to amend Section 106-301 of the Code of Georgia of 1933, approved March 20, 1943 (Ga. Laws 1943, p. 398), is hereby repealed in its entirety.
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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 April 9, 1981. CORPORATIONSCONTRIBUTIONS TO INFLUENCE OFFICIAL ACTIONS. Code Section 22-9901 Amended. No. 602 (Senate Bill No. 45). AN ACT To amend Code Title 22, relating to corporations, as amended, so as to change the provisions relating to the penalties for the violation of Code Section 22-5105, prohibiting corporations from contributing to influence official actions; 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 Code Section 229901 which reads as follows: 22-9901. Corporation contributions to influence official action. Any corporation, or officer thereof, or any person who shall violate the provisions of section 22-5105 on the subject of corporation contributions to influence official action shall be deemed guilty of a crime, and, on conviction shall be punished by a fine in the sum of 10 times the amount of the contribution made, but in no event shall said fine be less than $1,000; and in addition the officer or officers making or authorizing said contribution, or in anywise connected therewith,
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shall be punished by imprisonment in the penitentiary for not less than one year nor more than four years, unless the jury trying the case shall recommend him to the mercy of the court, in which event he shall pay the aforesaid fine prescribed, or in default be subjected to imprisonment not to exceed six months., in its entirety and inserting in lieu thereof a new Code Section 22-9901 to read as follows: 22-9901. Corporate contributions to influence official action. Any person or corporation, or any officer thereof, who shall violate Code Section 22-5105 relating to corporate contributions to influence official action shall be guilty of a felony and upon conviction shall be punished by a fine in the sum of ten times the amount of the contribution made or $1,000.00, whichever is greater, or by imprisonment for not less than one year nor more than four years, or both. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. EVIDENCEMATERIAL FACTS DISCOVERED BY A CONFESSION. Code Section 38413 Repealed. No. 603 (Senate Bill No. 48). AN ACT To repeal Code Section 38-413, relating to material facts discovered by a confession; 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 38-413, relating to material facts discovered by a confession, which reads as follows: 38-413. Material facts discovered by confession. Any material facts discovered by a confession by an accused may be proved, and

the fact of its discovery by reason of such information, though the confession shall be rejected., is hereby repealed in its entirety. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. CONSIDERATION FOR CONTRACTS DEFINED. Code Section 20-302 Amended. No. 604 (Senate Bill No. 51). AN ACT To amend Code Section 20-302, relating to the definition of consideration, so as to change the definition of consideration; to provide for other matters relating thereto; 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 the provisions relating to consideration in contracts, as they currently exist, were originally codified in 1863 as a statement of the common law as it then existed. Recognizing that the law of contracts has evolved and changed considerably in the intervening years since the original codification of the provisions, it is the purpose and intent of this act to
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revise and modernize the law of this state relating to consideration in contracts so as to bring it into conformity with recognized principles of contract law as they currently exist. Section 2 . Code Section 20-302, relating to the definition of consideration, is hereby amended by striking said Code section, which reads as follows: 20-302. Valid consideration; definition. A consideration is valid if any benefit accrues to him who makes the promise, or any injury to him who receives the promise., in its entirety and inserting in lieu thereof three new Code sections to read as follows: 20-302. Requirement of exchange; types of exchange. (a) To constitute consideration, a performance or a return promise must be bargained for by the parties to a contract. (b) A performance or return promise is bargained for if it is sought by the promisor in exchange for his promise and is given by the promisee in exchange for that promise. (c) The performance may consist of: (1) An act other than a promise; or (2) A forbearance; or (3) The creation, modification, or destruction of a legal relation. (d) The performance or return promise may be given to the promisor or to some other person. It may be given by the promisee or by some other person. 20-302.1. Adequacy of consideration; mutuality of obligation. If the requirement of consideration is met, there is no additional requirement of a gain, advantage, or benefit to the promisor or a loss, disadvantage, or detriment to promisee. 20-302.2. Promise reasonably inducing action or forbearance. (a) A promise which the promisor should reasonably expect to
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induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. The remedy granted for breach may be limited as justice requires. (b) A charitable subscription or a marriage settlement is binding under subsection (a) without proof that the promise induced action or forbearance. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. ACQUISITION OF PROPERTY FOR FUTURE TRANSPORTATION PURPOSES. Code Section 95A-601 Amended. No. 605 (Senate Bill No. 52). AN ACT To amend Code Section 95A-601, relating to the right to acquire property for public road and other transportation purposes, so as to change the maximum period of time within which property may be acquired for future public transportation purposes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 95A-601, relating to the right to acquire property for public road and other transportation purposes, is hereby amended by striking the word seven from the second unnumbered paragraph of this Code section and inserting in lieu thereof the word ten, so that when so amended Code Section 95A-601 shall read as follows:
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95A-601. Right to acquire property for public road and other transportation purposes. Any property may be acquired in fee simple or in any lesser interest, including scenic easements, air space, and rights of access, by a state agency or a county or municipality through gift, devise, exchange, purchase, prescription, dedication, eminent domain, or in any other manner provided by law, for present or future public road or other transportation purposes. Public road purposes shall include, but not be limited to: rights-of-way; detours; bridges; bridge approaches; ferries; ferry landings; overpasses; underpasses; viaducts; tunnels; fringe parking facilities; borrow pits; offices; shops; depots; storage yards; buildings and other necessary physical facilities of all types; roadside parks and recreational areas; the growth of trees and shrubbery along rights-of-way; scenic easements and other aesthetic purposes; drainage, maintenance or safety purposes; the elimination of encroachments, private or public crossings, or intersections; the establishment of limited-access public roads; the relocation of utilities; and any and all other purposes which may be reasonably related to the development, growth, or enhancement of the public roads in Georgia. Property shall not be acquired for `future public road purposes,'

as that term is used in this section, unless: (A) construction will be commenced on the property to be acquired within a period of not less than two years nor more than ten years following the ends of the fiscal year in which the Secretary of Transportation of the United States approves an advance of all the necessary funds to the department for the acquisition of rights-of-way for said construction under authority of the provisions of Title 23, section 108, United States Code, as now or hereafter amended; and (B) the intended acquisition in part of a specific plan of highway development, and the acquisition will assist in accomplishing one or more of the following: (1) A substantial monetary savings; (2) The enhancement of the integration of highways with public or private urban redevelopment; or (3) The forestalling of the physical or functional obsolescence of highways. In the process of acquiring property or property rights for any public road purpose, an entire lot, block, or tract of land may be acquired if by so doing the interest of the public will be best served.
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. PROCEDURES FOR PREVENTION OF FAMILY VIOLENCE, ETC. Code Section 27-207 Amended. No. 606 (Senate Bill No. 79). AN ACT To provide procedures for the prevention of family violence; to define the term family violence; to provide for jurisdiction; to provide procedures in connection with the filing of petitions; to provide for protective orders and temporary ex parte orders; to provide for enforcement of orders; to provide for assistance by law enforcement officers in family violence cases; to authorize law enforcement officers to arrest without a warrant persons accused of committing acts of family violence or violating protective orders under certain circumstances; to provide for applicability; to amend Code Section 27-207, relating to arrests without a warrant, as amended, so as to change the provisions relating to arrest without a warrant; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. As used in this Act, the term family violence means the occurrence of one or more of the following acts between spouses, parents and children, or other persons related by consanguinity or affinity living in the same household: (1) Any felony; or
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(2) Commission of offenses of battery, assault, criminal damage to property, unlawful restraint, or criminal trespass. (3) Provided, however, that the term family violence shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint or detention. Section 2. The superior court of the county where the defendant resides shall have jurisdiction over all proceedings under this Act. Section 3. (a) A person not a minor may seek relief under this Act by filing a petition with the superior court alleging one or more acts of family violence. A person not a minor may also seek relief on behalf of a minor by filing such a petition. The fee for filing a petition is $16.00. (b) Upon the filing of a verified petition in which the plaintiff alleges a substantial likelihood of immediate danger of family violence, the court may order such temporary relief ex parte as it deems necessary to protect the plaintiff or a minor of the household from violence. (c) Within ten days of the filing of the petition under this Act, a hearing shall be held at which the plaintiff must prove the allegations of the petition by a preponderance of the evidence as in other civil cases. If a hearing is not held within ten days, the petition shall stand dismissed unless the parties otherwise agree. Section 4. (a) The court may, upon the filing of a verified petition, grant any protective order or approve any consent agreement to bring about a cessation of acts of family violence. The orders or agreements may: (1) Direct a party to refrain from such acts; (2) Grant to a spouse possession of the residence or household of the parties and exclude the other spouse from the residence or household; (3) Require a party to provide a spouse and his or her children suitable alternate housing;
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(4) Award temporary custody of minor children and establish temporary visitation rights; (5) Order the eviction of a party from the residence or household and assistance to the victim in returning to it or order assistance in retrieving personal property of the victim if the respondent's eviction has not been ordered; (6) Order either party to make payments for the support of a minor child as required by law; (7) Order either party to make payments for the support of a spouse as required by law; (8) Provide for possession of personal property of the parties; (9) Order a party to refrain from harassing or interfering with the other; (10) Award costs and attorney's fees to either party; and (11) Include any additional protections or provisions as deemed necessary. (b) A copy of the order shall be issued by the clerk of the superior court to the sheriff of the county wherein the order was entered and shall be retained by the sheriff as long as that order shall remain in effect. (c) Any such orders granted under this section shall not remain in effect for more than six

months. Section 5. The remedies provided by this Act are not exclusive but are additional to any other remedies provided by law. Section 6. Code Section 27-207, relating to arrests without a warrant, as amended, is hereby amended by adding in subsection (a), following the last comma and preceding the words or for, the following: or if the officer has probable cause to believe that an act of family violence, as defined in an Act providing procedures for the prevention of family violence, has been committed,,
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so that when so amended subsection (a) shall read as follows: (a) An arrest for a crime may be made by an officer, either under a warrant, or without a warrant if the offense is committed in his presence, or the offender is endeavoring to escape, or if the officer has probable cause to believe that an act of family violence, as defined in an Act providing procedures for the prevention of family violence, has been committed, or for other cause there is likely to be failure of justice for want of an officer to issue a warrant. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDED. No. 607 (Senate Bill No. 80). 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 February 16, 1962 (Ga. Laws 1962, p. 79) and an Act approved March 11, 1964 (Ga. Laws 1964, p. 436), so as to require the delivery of certificates of title from the transferor to the transferee within a specified time; to provide for postmarks as proof of timely submission of documents; to require submission of certificate of title applications to be made so as to have the state revenue commissioner or his duly authorized county tag agents receive same within a specified time; to provide for a penalty for certificate of title applications delivered or received on an untimely basis; to provide for a time period within which rejected documents must be resubmitted and to provide for a penalty for failure to resubmit in a timely manner; to change the application fee; to change the number of days within which notice of a security interest must be delivered to the
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commissioner in order to perfect such interest as of the date of the security agreement; 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 Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. Laws 1961, p. 68), as amended, particularly by an Act approved February 16, 1962 (Ga. Laws 1962, p. 79) and an Act approved March 11, 1964 (Ga. Laws 1964, p. 436), is hereby amended by adding the following sentences between the first and second sentences of subsection (a) of Section 8: Except as provided in subsection (b) of this section, the application must be submitted to the commissioner or his appropriate authorized county tag agent by the owner of the vehicle within 90 days from the date of purchase of the vehicle or from the date the owner is otherwise required by law to register the vehicle in this state or the owner of the vehicle shall be required to pay a penalty of $10.00 in addition to the ordinary title fee as provided by this Act. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of rejection to resubmit the documents required by the commissioner for the issuance of a certificate of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner. The license plate shall be deemed to have expired at midnight of the sixtieth day following the initial rejection of the documents submitted if the documents have not been resubmitted as required above., so that when so amended subsection (a) of Section 8 shall read as follows: (a) The application for the first certificate of title of a vehicle in this state shall be made by the owner to the commissioner on the form he prescribes. Except as provided in subsection (b) of this section, the application must be submitted to the commissioner or his appropriate authorized county tag agent by the owner of the vehicle within 90 days from the date of purchase of the vehicle or from the date the owner is otherwise required by law to register the vehicle in this state
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or the owner of the vehicle shall be required to pay a penalty of $10.00 in addition to the ordinary title fee as provided by this Act. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of rejection to resubmit the documents required by the commissioner for the issuance of a certificate of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner. The license plate shall be deemed to have expired at midnight of the

sixtieth day following the initial rejection of the documents submitted if the documents have not been resubmitted as required above. Said application shall contain: (1) The name, residence, and mailing address of the owner; (2) A description of the vehicle including, so far as the following data exists: its make, model, identifying number, type of body, the number of cylinders, and whether new or used; (3) The date of purchase by applicant, the name and address of the person from whom the vehicle was acquired, and the names and addresses of the holders of all security interests and liens in order of their priority and the date thereof; and (4) Any further information the commissioner reasonably requires to identify the vehicle and to enable him to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vehicle and liens on the vehicle. Section 2 . Said Act is further amended by adding at the end of subsection (b) of Section 8 immediately following the word commissioner the following: or his appropriate authorized county tag agent so as to have the application submitted to the commissioner or his appropriate authorized county tag agent within 90 days from the date of the sale of the vehicle or the dealer, or in nondealer sales the transferee, shall be required to pay a penalty of $10.00 in addition to the ordinary title fee paid by the transferee as provided in this Act. If the documents submitted in support of the title application are rejected, the dealer submitting the documents shall have 60 days from the date of initial
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rejection to resubmit the documents required by the commissioner for the issuance of a certificate of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional penalty of $10.00 assessed against the dealer. The willful failure of a dealer to obtain a certificate of title for a purchaser shall be grounds for suspension or revocation of the dealer's state issued license and registration for the sale of motor vehicles. Should the title application be submitted through a county, the county shall be entitled to retain 50 percent of any late title application penalty fee provided for in the `Motor Vehicle Certificate of Title Act.' , so that when so amended subsection (b) of Section 8 shall read as follows: (b) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of the holder of any security interest created or reserved at the time of the sale by the dealer and the date of his security agreement and be signed by the dealer as well as the owner; and the dealer shall promptly mail or deliver the application to the commissioner or his appropriate authorized county tag agent so as to have the application submitted to the commissioner or his appropriate authorized county tag agent within 90 days from the date of the sale of the vehicle or the dealer, or in nondealer sales the transferee, shall be required to pay a penalty of $10.00 in addition to the ordinary title fee paid by the transferee as provided in this Act. If the documents submitted in support of the title application are rejected, the dealer submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of a certificate of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional penalty of $10.00 assessed against the dealer. The willful failure of a dealer to obtain a certificate of title for a purchaser shall be grounds for suspension or revocation of the dealer's state issued license and registration for the sale of motor vehicles. Section 3 . Said Act is further amended by adding immediately following Section 8 a new section, to be designated Section 8A, to read as follows: Section 8A. United States Post Office postmark as proof of timely submission of documents. In instances when an application for title is required to be submitted within a certain time period, proof
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of mailing within the designated period allowed for submission of the documents, as evidenced by a United States Post Office postmark, shall be prima facie proof that the application was timely submitted. Additionally, when the law provides for a penalty for the untimely submission of a title application, the responsibility for the collection of said penalty shall be that of the Department of Revenue. Section 4 . Said Act is further amended by striking the words, symbol, and figure one dollar ($1.00) in the second sentence of subsection (d) of Section 12 and inserting in lieu thereof the following: $3.00. Section 5 . Said Act is further amended by striking subsections (a) and (b) of Section 15 in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) If an owner transfers his interest in a vehicle other than by the creation of a security interest, he shall at the time of delivery of the vehicle execute an assignment and warranty of title, which must be subscribed and sworn to before an officer authorized to administer oaths in the state, to the transferee in the space provided therefor on the certificate of title or as the commissioner prescribes, and cause the certificate and assignment to be delivered to the transferee. If the transferor willfully fails to deliver the properly assigned certificate of title to the transferee, the transferor shall be guilty of a misdemeanor. In addition, the transferor shall be civilly liable to the transferee for all damages, including reasonable attorney's fees, occasioned by the transferor's failure to obey this section. (b) Except as provided in Section 16, the transferee shall, promptly after delivery to him of the vehicle and certificate of title, execute the application for a new certificate of title application on the form the

commissioner prescribes and cause the application and the certificate of title to be mailed or delivered to the commissioner or his appropriate authorized county tag agent with the application for change of registration for the vehicle so that the title application shall be received within 90 days from the date of the transfer of the vehicle, or the owner shall be required to pay a penalty of $10.00 in addition to the ordinary title fee as provided by this Act. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner
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for the issuance of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional $10.00 penalty assessed and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner. The license plate shall be deemed to have expired at midnight of the sixtieth day following the initial rejection of the documents if the documents have not been resubmitted as required above. Section 6 . Said Act is further amended by striking subsection (a) of Section 16 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) A dealer who buys a vehicle and holds it for resale need not apply to the commissioner for a new certificate of title but may retain the certificate delivered to him and, upon transferring the vehicle to another person other than by the creation of a security interest, shall promptly execute the assignment and warranty of title by a dealer, which must be subscribed and sworn to before an officer authorized to administer oaths in this state, and show the names and addresses of the transferee and any holder of a security interest created or reserved at the time of the resale and the date of his security agreement in the spaces provided therefor on the certificate or as the commissioner prescribes. Except as otherwise provided in subsection (c) of Section 15, the dealer shall submit a properly completed certificate of title application and proper supporting documents to the commissioner or to the appropriate authorized county tag agent so that the application and supporting documents shall be submitted to the commissioner or the appropriate authorized county tag agent within 90 days from the date of the transfer of the vehicle, or the dealer shall be required to pay a penalty of $10.00 in addition to the ordinary title fee as provided by this Act. If the documents submitted in support of the title application are rejected, the dealer submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional penalty of $10.00 assessed against the dealer. The willful failure of a dealer to obtain a certificate of title for a purchaser shall be grounds for suspension or revocation of dealer's state issued license and registration for the sale of motor vehicles. Transfers of vehicles under this section shall otherwise conform with the provisions of Section 15. Any person selling a previously registered vehicle as defined in Section 38 which is
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exempt from the provisions of this Act during this Act's implementation period need not have a certificate of title. A dealer selling a previously registered vehicle which under the provisions of this Act need not have a certificate of title need not furnish a purchaser of such a vehicle a certificate of title. At such time as previously registered vehicles are brought under the terms of this Act, from that time on a dealer when selling such a vehicle shall conform to all provisions of this Act. Section 7 . Said Act is further amended by striking in their entirety subsections (a) and (b) of Section 17 and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) If the interest of an owner in a vehicle passes to another other than by voluntary transfer, the transferee shall, except as provided in subsection (b), mail or deliver to the commissioner or his appropriate authorized county tag agent the last certificate of title if available, proof of the transfer, and his application for a new certificate in the form the commissioner prescribes with the application for change of registration for the vehicle so that the title application and other documents shall be received by the commissioner or his appropriate authorized county tag agent no later than 90 days from the date that the transferee acquired the interest in the vehicle, or the transferee shall be required to pay a penalty of $10.00 in addition to the ordinary title fee as provided by this Act. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner. The license plate shall be deemed to have expired at midnight of the sixtieth day following the initial rejection of the documents if the documents have not been resubmitted as required above. If the last certificate of title not be available for transfers under this section, then the transferee shall forward such proof of transfer as the commissioner may by regulation prescribe. (b) If the interest of the owner is terminated, whether the vehicle is sold pursuant to a power contained in a security agreement or by legal process at the instance of the holder

either of a security interest or a lien, the transferee shall promptly mail or deliver to the
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commissioner or his appropriate authorized county tag agent the last certificate of title if available, proof of transfer, his application for a new certificate in the form prescribed by the commissioner, and an affidavit made by or on behalf of the holder of a security interest in or lien on the vehicle with respect to the termination of the interest of the owner, so as to have the application and supporting documents submitted to the commissioner or his appropriate authorized county tag agent within 90 days from the date the transferee acquired the interest in the vehicle, or the transferee shall be required to pay a penalty of $10.00 in addition to the ordinary title fee as prescribed by this Act. If the documents submitted in support of the title application are rejected, the transferee submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional $10.00 penalty assessed and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner. The license plate shall be deemed to have expired at midnight of the sixtieth day following the initial rejection of the documents if the documents have not been resubmitted as required above. If the holder of a security interest or lien succeeds to the interest of the owner and holds the vehicle for resale, he need not secure a new certificate of title, but, upon transfer, shall promptly deliver to the transferee the last certificate of title if available, and such other documents as the commissioner may require by rule or regulation. Section 8. Said Act is further amended by striking the figure 1.00 in subsection (c) of Section 18 and inserting in lieu thereof the figure 3.00. Section 9. Said Act is further amended by striking from subsection (b) of Section 21 of said Act the following: 10 days, and substituting in lieu thereof the following: 20 days, so that when so amended subsection (b) of Section 21 of said Act shall read as follows:
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(b) A security interest is perfected by delivery to the commissioner of the existing certificate of title, if any, and an application for a certificate of title containing the name and address of the holder of a security interest, the date of his security interest and the required fee. It is perfected as of the time of its creation if the delivery is completed within 20 days thereafter; otherwise, as of the date of the delivery to the commissioner. When the security interest is perfected as provided in this subsection (b), it shall constitute notice to everybody of the security interest of the holder. Section 10. Said Act is further amended by striking the figure 1 in the first sentence of subsection (d) of Section 21 and inserting in lieu thereof the figure 3.00. Section 11. Said Act is further amended by striking subsection (b) of Section 22 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The holder shall immediately cause the certificate of title and application and the required fee to be mailed or delivered to the commissioner or his appropriate authorized county tag agent within 90 days of the date of creation of the security interest or lien or the lien or security interest holder shall be required to pay a $10.00 penalty in addition to the ordinary title fee as provided by this Act. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner. The license plate shall be deemed to have expired at midnight of the sixtieth day following the initial rejection of the documents if the documents have not been resubmitted as required above. Section 12. Said Act is further amended by striking subsection (b) of Section 31 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) Misdemeanors. (1) A person who:
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(A) With fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title; (B) Willfully fails to mail or deliver a certificate of title to the commissioner or a release of security interest or lien to the owner within ten days of the time required by this Act, except as provided in subsection (a); (C) Willfully violates any other provision of this Act; (D) Willfully fails or refuses to mail or deliver the certificate of title to the commissioner within ten days after having received a notice as provided for in subsection (d) of Section 12 or subsection (d) of Section 21; is guilty of a misdemeanor. (2) Any person, firm, or corporation who shall knowingly make any false statement in any title application as to the date a vehicle was sold or acquired or as to the date of creation of a security interest or lien shall be guilty of a misdemeanor and upon conviction shall be fined not more than $100.00 or imprisoned for a period not to exceed 30 days. (3) Any person, firm, or corporation who delivers or accepts a certificate of title assigned in blank

shall be guilty of a misdemeanor and upon conviction shall be fined not more than $100.00 or imprisoned for a period not to exceed 30 days for the acceptance or delivery of each certificate of title assigned in blank. Section 13. This Act shall become effective on January 1, 1982. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981.
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EDUCATIONQUICK START PROGRAMS. No. 608 (Senate Bill No. 84). AN ACT To amend an Act providing for the establishment of a special training program within the State Department of Education to provide quick start training to meet the employment needs of industry, approved April 8, 1968 (Ga. Laws 1968, p. 1138), so as to provide for training programs pursuant to annual contracts or agreements between the State Board of Education and private industrial or business firms; 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 a special training program within the State Department of Education to provide quick start training to meet the employment needs of industry, approved April 8, 1968 (Ga. Laws 1968, p. 1138), is hereby amended by designating the present provisions of Section 5 as subsection (a) thereof and by adding at the end thereof a new subsection (b) to read as follows: (b) Training programs under the provisions of this Act may also be carried out pursuant to annual contracts or agreements between the State Board of Education and private industrial or business firms under rules and regulations adopted by the State Board of Education for such purpose. Any such training program carried out pursuant to any such contract shall be assigned to a state vocational-technical school, an area vocational-technical school, or the vocational education division of a junior college operated in accordance with a joint agreement between the State Board of Education and the Board of Regents at the time a site is selected for such training program.
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Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. GENERAL ASSEMBLYCOMPENSATION OF SPEAKER OF THE HOUSE OF REPRESENTATIVES. No. 609 (Senate Bill No. 87). 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), an Act approved March 14, 1978 (Ga. Laws 1978, p. 902), an Act approved March 20, 1980 (Ga. Laws 1980, p. 756), an Act approved March 20, 1980 (Ga. Laws 1980, p. 758), and an Act approved March 24, 1980 (Ga. Laws 1980, p. 925), so as to change the provisions relating to the compensation of the Speaker of the House of Representatives; 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 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), an Act approved March 14, 1978 (Ga. Laws 1978, p. 902), an Act approved March 20, 1980 (Ga. Laws 1980, p. 756), an Act approved March 20, 1980 (Ga. Laws 1980, p. 758), and an Act approved March 24, 1980 (Ga. Laws 1980, p. 925), is hereby amended by striking subsection (23) of Section 2 in its entirety and inserting in lieu thereof a new subsection (23) to read as follows: (23) Speaker of the House of Representatives 22,800
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The Speaker of the House of Representatives shall also receive the salary and allowances authorized as a member of the General Assembly. The Speaker shall also receive as additional salary a sum equal to the amount of salary over $30,000.00 per annum which is now or hereafter received by the Lieutenant Governor, and the salary of the Speaker shall be adjusted at the beginning of each term so as to include such additional sum. Section 2 . 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 1983. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. ACT PROVIDING FOR NOTICE BEFORE BURNING WOODS, LANDS OR MARSHES AMENDED. No. 610 (Senate Bill No. 101). AN ACT To amend an Act requiring notice before burning any woods, lands, or marshes and providing for other matters relative to the foregoing, approved February 28, 1956 (Ga. Laws 1956, p. 382), so as to delete the requirement that such requirement shall only apply in those counties which recommend such notice; 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 requiring notice before burning any woods, lands, or marshes and providing for other matters relative to the

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foregoing, approved February 28, 1956 (Ga. Laws 1956, p. 382), is hereby amended by striking in its entirety Section 3 of said Act which reads as follows: Section 3. The provisions of this Act shall become effective only in those counties in this State where so recommended by two successive grand juries, and upon such recommendation, this Act shall immediately become of force and effect in said 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 April 9, 1981. INSURANCEOPTIONAL COVERAGE FOR CERTAIN MENTAL OR NERVOUS DISORDERS. Code Section 56-2447 Amended. No. 611 (Senate Bill No. 105). AN ACT To amend Code Chapter 56-24, relating to insurance contracts in general, as amended, so as to provide optional coverage for certain mental or nervous disorders in certain accident and sickness insurance benefit plans; to define certain terms; to provide for clarification; 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 Chapter 56-24, relating to insurance contracts in general, as amended, is hereby amended by adding at the end thereof a new Code Section 56-2447 to read as follows:
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56-2447. Treatment of mental disorders. (a) For the purposes of this Code section, the following words or terms shall have the following meanings: (1) `Mental disorder' shall have the same meaning as defined by The Diagnostic and Statistical Manual of Mental Disorders (American Psychiatric Association) or The International Classification of Diseases (World Health Organization) as of January 1, 1981, or as the Commissioner may further define such term by rule and regulation. (2) `Accident and sickness insurance benefit plan, policy, or contract' means: (A) An individual accident and sickness insurance policy or contract as defined in Code Chapter 56-30, relating to individual accident and sickness insurance; (B) A group and blanket accident and sickness insurance policy or contract as defined in Code Chapter 56-31, relating to group and blanket accident and sickness insurance; (C) A group contract of the type issued by a hospital service nonprofit corporation established under Code Chapter 56-17; (D) A group contract of the type issued by a health care plan established under Code Chapter 56-17A; (E) A group contract of the type issued by a nonprofit medical service corporation established under Code Chapter 56-18; (F) A group contract of the type issued by a health maintenance organization established under Code Chapter 56-36; or (G) Any similar accident and sickness benefit plan, policy, or contract. (b) Every insurer authorized to issue accident and sickness insurance benefit plans, policies, or contracts shall be required to
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make available, either as a part of or as an optional endorsement to all such policies providing major medical insurance coverage which are issued, delivered, issued for delivery, or renewed on or after January 1, 1982, coverage for the treatment of mental disorders which is at least as extensive and provides at least the same degree of coverage as that provided by the respective plan, policy, or contract for the treatment of other types of physical illnesses. Such an optional endorsement shall also provide that the coverage required to be made available herein shall also cover the spouse and the dependents of the insured if the insured's spouse and dependents are covered under said benefit plan, policy, or contract; provided that in no event shall such an insurer be required to cover outpatient treatment for more than a maximum of 40 visits per policy year. (c) The optional endorsement required to be made available under subsection (b) of this Code section shall not contain any exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to the treatment of mental disorders unless such provisions apply generally to other similar benefits provided or paid for under the accident and sickness insurance benefit plan, policy, or contract. (d) Nothing in this Code section shall be construed to prohibit an insurer, nonprofit corporation, health care plan, health maintenance organization, or other person issuing any similar accident and sickness insurance benefit plan, policy, or contract from issuing or continuing to issue an accident and sickness insurance benefit plan, policy, or contract which provides benefits greater than the minimum benefits required to be made available under this Code section or from issuing any such plans, policies, or contracts which provide benefits which are generally more favorable to the insured than those required to be made available under this Code section. (e) The requirements of this Code section with respect to a group or blanket accident and sickness insurance benefit plan, policy, or contract shall be satisfied if the coverage specified in subsections (b) and (c) of this Code section is made available to the master policyholder of such plan, policy, or contract. Nothing in this Code section shall be construed to require the group insurer, nonprofit corporation, health care plan, health maintenance organization, or master policyholder to provide or to make available such coverage to any insured under such

group or blanket plan, policy, or contract.
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(f) Nothing in this Code section shall be construed to prohibit the inclusion of coverage for the treatment of mental disorders that differs from the coverage provided in the same insurance plan, policy, or contract for physical illnesses if the policyholder does not purchase the optional coverage made available pursuant to this Code section. Section 2. This Act shall become effective October 1, 1981. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. POSTSECONDARY EDUCATIONAL AUTHORIZATION ACT OF 1978 AMENDEDEXEMPTIONS. No. 612 (Senate Bill No. 116). AN ACT To amend an Act known as the Postsecondary Educational Authorization Act of 1978, approved April 3, 1978 (Ga. Laws 1978, p. 1571), so as to change the provisions relating to exemptions from the provisions of the Act; to provide for an automatic repeal; 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 Postsecondary Educational Authorization Act of 1978, approved April 3, 1978 (Ga. Laws 1978, p. 1571), is hereby amended by adding at the end of Section 3, relating to exemptions, a new subsection, to be known as subsection (h), to read as follows: (h) (1) Liberal arts colleges and universities whose principle office and campus is located in Georgia and chartered prior to 1955 as nonprofit, degree-granting institutions, provided that
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they are either a candidate for accreditation or accredited by a regional or national accrediting agency recognized by the United States Department of Education. (2) Effective July 1, 1985, subsection (h) of Section 3 of this Act shall be null and void and shall stand 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 April 9, 1981. THE USED MOTOR VEHICLE DISMANTLERS, REBUILDERS, AND SALVAGE DEALERS REGISTRATION ACT. No. 613 (Senate Bill No. 118). AN ACT To create a State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers; to provide a short title; to provide for the membership of said board and the appointments thereto; to provide that the joint-secretary of the state examining boards shall be secretary of the board and to provide for his powers and duties; to provide for the qualifications of members of the board and for their compensation; to provide for meetings; to provide for the powers and duties of the board; to provide for licenses and qualifications of used motor vehicle dismantlers, rebuilders, and salvage dealers; to provide for expiration of licenses and renewal thereof; to provide for supplemental licenses; to provide for the fees for licenses and for renewal thereof; to provide for the contents of licenses; to provide for the display of licenses; to provide for the suspension and revocation of licenses and the grounds and procedure for the same; to
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provide for the maintenance of records by licensees and for inspection of the same; to provide that dealers who operate salvage pools shall provide certain information to purchasers; to provide penalties for violations of this Act; to provide that this Act shall not limit local licensing and regulating of used motor vehicle dismantlers, recyclers, rebuilders, used motor vehicle parts dealers, and salvage dealers; to define certain terms; to provide for the termination of said board; 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 The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act. Section 2. Definitions. (1) Board means the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers. (2) Georgia Administrative Procedure Act means Code Title 3A of the Georgia Code, as now or hereafter amended. (3) Person means any individual, copartnership, firm, association, corporation, or combination of individuals of whatever form or character. (4) Licensee means any person required to be licensed or actually licensed under this Act. (5) Established place of business means a sales room or sales office in a building, an open lot at which a business of buying, bartering, trading, offering, displaying, selling, dismantling, or rebuilding of wrecked or used motor vehicles or parts is carried on, or the place at which books and records required for the conduct of the business are kept. (6) Dealer means any person, partnership, firm, or corporation buying, selling, or using motor vehicle parts, either as a used motor vehicle parts dealer, a motor vehicle dismantler, a motor vehicle rebuilder, or a salvage dealer.
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(7) (A) Dismantler means any person, partnership, firm, or corporation engaged in the business of acquiring wrecked, abandoned, or reparable motor vehicles and selling either the usable parts, the motor vehicle as a unit, or the hulk of the motor vehicle after the usable parts have been removed. (B) For the purposes of this Act, a person, partnership, firm, or corporation shall be presumed to be engaged in the business of auto dismantling if he possesses ten or more inoperative motor vehicles for more than 45 days except in the event such vehicles are scrap vehicles being held by a scrap metal processor for recycling scrap metal, vehicles being held by a repair business awaiting repairs, or vehicles being held for other reasons as may be prescribed by the board. (8) Rebuilder means any person, partnership, firm, or corporation engaged in the business of buying more than three used, salvage, or wrecked motor vehicles per year for the purpose of restoring or rebuilding them with used or new motor vehicle parts, or both, to be sold as rebuilt motor vehicles. (9) Salvage dealer means any person, firm, or corporation who purchases a salvage vehicle or parts of a salvage vehicle for purposes of resale as parts only or as salvage. (10) Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary wheels or tracks or overhead trolley wires. (11) Motor vehicle means every vehicle which is selfpropelled, except trackless trolleys which are classed as streetcars, motorcycles, motor-driven cycles, or go-carts. (12) Used motor vehicle or used car means any motor vehicle as defined herein which has been the subject of a retail sale to a consumer. (13) Salvage vehicle means any vehicle which either: (A) Has been damaged, crushed, or otherwise reduced to such a state that its restoration would require the replacement of two or more major component parts; or
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(B) Has been acquired by an insurance company as a result of the vehicle being damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts and for which the insurance company has paid a total loss claim; or (C) Is an imported vehicle which has been damaged in shipment and disclaimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title. (14) Scrap vehicle means any vehicle which has been wrecked, destroyed, or damaged to the extent that it cannot be economically repaired, rebuilt, or made operable or roadworthy. (15) Part means any used motor vehicle part that has been installed as standard or optional equipment on a motor vehicle, has been removed from the motor vehicle on which it was originally attached or affixed, and is the subject of sale or resale as a part and not as scrap. (16) Major component part means one of the following subassemblies of a motor vehicle: (A) front clip assembly (fenders, grille, hood, and bumper), (B) rear clip assembly (quarter panels, floor panel assembly), (C) engine and transmission, or (D) top assembly, with the exception of soft tops. (17) Salvage pool or salvage disposal sale means a sale at auction or by private bid of wrecked or reparable motor vehicles, either at wholesale or retail, by insurance companies, underwriters, or dealers. Section 3. Doing business without registering and obtaining license unlawful. It shall be unlawful for any dealer to do business in this state without first registering and obtaining a license from the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers as provided in this Act. Section 4. State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers created; membership; terms. There is hereby created a State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers which shall be composed of the director of the Georgia Bureau of Investigation
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or his official designee and ten members to be appointed by the Governor. The original appointments shall be made as follows: one member shall be appointed for a term of four years, three members shall be appointed for terms of three years each, three members shall be appointed for terms of two years each, and three members shall be appointed for terms of one year each; and they shall serve until their successors are appointed and qualified. Thereafter all appointees shall be for a term of four years. Said terms shall be staggered so that new members of the board will be appointed each year. All members shall be residents of the State of Georgia. Not less than one nor more than three members shall be appointed from each of the following businesses: salvage dealers, used motor vehicle dismantlers, used motor vehicle rebuilders, motor vehicle insurers; and at least two members shall not be from any of the abovementioned businesses. Section 5. Same; secretary. The joint-secretary of the state examining boards shall serve as the secretary of the board in all matters as set forth in Code Chapter 84-1. Section 6. Same; chairman; rules and regulations; meetings; compensation. (a) The board shall elect a chairman and any other officers which the board feels are required from among the members of the board for a one-year term. The board shall promulgate rules and regulations for the procedure and operation of the board. The board shall meet as often as is necessary upon the call of the chairman to perform the duties imposed upon it by the terms of this Act. (b) Notwithstanding any other provisions of law to the contrary, each member of the board shall receive the sum of $44.00 per day in addition to 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 for each day's actual attendance at scheduled meetings of the board or of any of its divisions or committees, hearings of the board, or scheduled board examinations. Such per diem and travel expenses of members of the board may be paid for attendance at other official duties or business of the board or in attendance at a state, regional, or national meeting pertaining to the work of the board. Such per diem and travel expenses are defined as, and are limited to, those normally allowed to employees of the Office of the Secretary of State. Expense vouchers submitted by members of the board are subject to approval of the president or chairman of the board and the joint-secretary.
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Section 7. Same; powers and duties. (a) The board shall have the following powers and duties: (1) To receive applications for registration as a dealer and to authorize the joint-secretary to license such dealers in the manner provided by law. (2) To suspend, revoke, or refuse to renew such licenses. (3) To publish on or before September 1 of each year an alphabetical listing of all dealers licensed pursuant to this Act and to distribute copies of the same to the Georgia Department of Public Safety, the Georgia Department of Revenue, the Georgia Bureau of Investigation, to all sheriffs in this state, and to all county and municipal police departments in this state. (4) To make such rules and regulations as may be necessary to effectuate the administration and enforcement of this Act. (5) To do all other things necessary and proper to carry out the provisions of this Act. (b) Any such rule or regulation adopted by the board shall be adopted in accordance with the Georgia Administrative Procedure Act. (c) Any hearing required to be held by the board shall be in accordance with the Georgia Administrative Procedure Act. Section 8. Applications for license as dealer; bond; selfinsurance. (a) Each application for a license as a dealer shall be made to the board and shall contain the information required by this Act and shall be accompanied by the fee prescribed by law. (b) Each such application shall be made upon the form prescribed by the board and shall contain the name and address of the applicant; or, when the applicant is a partnership, the name and address of each partner; or, when the applicant is a corporation, the names and addresses of the principal officers of the corporation and the state in which incorporated, and an established place or places of business where the business is to be conducted, and the nature of such business, and such other information as may be required by the board. Every such application shall be verified by the oath or
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affirmation of the applicant if an individual or, in the event an applicant is a partnership or corporation, then by a partner or officer thereof. Every such application for a license shall show that the dealer maintains an automobile dealer's public liability and property damage insurance with liability limits of not less than $50,000.00 per person and $100,000.00 per accident; personal insurance liability coverage; and $25,000.00 property damage liability coverage unless applicant qualifies under subsection (e) of this section. (c) (1) Each application for a license shall show that the prospective licensee has or has made provision for a bond. The required bond shall be executed with a surety company duly authorized to do business in this state. The bond shall be payable to the Secretary of State, shall be conditioned upon the faithful observance of all the provisions of this Act, and shall be used to indemnify any person who suffers any loss by reason of a failure by a licensee to observe the provisions of this Act. (2) The bond shall be in the amount of $10,000.00, shall be filed immediately upon the granting of the license with the board by the licensee, and shall be approved by the board as to form and as to the licensed status and solvency of the surety. For its service in filing the bond, the board shall require the licensee to pay a fee, the amount of which shall be fixed by rule of the board. The prospective licensee may file the required bond with the board prior to the granting of a license for the board's approval as hereinbefore mentioned. (3) Whenever any person shall file an action in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this Act, such person, in order to secure his recovery, may give notice to the Secretary of State of such alleged liability and of the amount of damages claimed, after which notice the Secretary of State shall be bound to retain, subject to the order of the court in which the action is pending, a sufficient amount of the proceeds of the bond of the applicant to pay the judgment in said action. In the event that a judgment is rendered against the applicant in an action in which it is determined that the applicant is liable for damages under this Act, and the applicant has not paid such judgment within ten days of the date such judgment became final, then said person may petition the court for an order directing the
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Secretary of State of liquidate the bond or a portion thereof sufficient to pay such judgment to the extent the judgment may be satisfied with the proceeds of the bond. (4) No bond may be canceled unless the board is notified in writing by a

certified letter at least 20 days prior to the proposed cancellation. (d) The board may in its discretion allow the holder of a license to file in lieu of the required bond a bond of insurance by an insurance company authorized to do business in the state. The bond of insurance must substantially comply with the provisions of subsection (c) above. (e) The board may in its discretion permit self-insurance in lieu of a bond or bond of insurance wherever it decides that the financial ability of the dealer warrants such privilege or it is satisfied that an applicant or licensee is possessed and will continue to be possessed of the ability to pay judgments obtained or claims against the applicant or licensee. The board may issue to the applicant, licensee, or dealer a certificate of self-insurance. The board may cancel such self-insurance upon reasonable grounds, such as failure to pay any judgment rendered against the applicant in which it is determined that the applicant is liable for damages under this Act within 30 days after such judgment has become final. (f) The board may also require the following information in addition to the application: (1) Fingerprints. (2) Personal history statements, including information concerning the applicant's character, honesty, and integrity, as the board may consider necessary. (3) The kind or kinds of business to be conducted and the trade name, if any, under which the applicant intends to conduct business. (g) Supplemental licenses shall be issued for each place of business operated or proposed to be operated by the licensee that is not contiguous to other premises for which a license is issued.
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Section 9. License fees. (a) The board shall be authorized to charge a license fee of $50.00 for each licensure period or portion thereof for which a license or renewal is obtained. (b) The licenses issued under the provisions of this Act shall specify the location of each place of business, each branch, or other location occupied or to be occupied by the licensee in conducting his business; and the license or supplemental license issued therefor shall be conspicuously displayed on each of such premises. In the event any such location is changed, the board shall endorse the change of location on the license without charge. There shall, however, be but one license fee for any one place of business even though such business may be embraced in more than one of the definitions set out in Section 2 of this Act. (c) Each application for a license shall show that the applicant or dealer has obtained or has applied for a Certificate of Registration, State Revenue Department Form ST-2, commonly known as a Sales Tax Number Certificate. The board shall not renew any license unless the applicant or holder shows that he maintains a Certificate of Registration, State Revenue Department Form ST-2, in accordance with the laws of this state providing for the issuance of such certificates. Section 10. Issuance, specifications, and display of licenses; book and forms; refusal to issue licenses; temporary permits; restricted licenses. (a) Upon receipt of each properly made application accompanied by the required information and bond of insurance, the board shall file such application and make a thorough investigation of the application. When satisfied that the applicant, if an individual, or each of the partners or principal officers of the applicant, if a partnership or corporation, is of good moral character and that the applicant so far as can be ascertained has complied and will comply with the provisions of this Act, the laws of this state, and the rules and regulations promulgated by the board, the board shall issue to the applicant a license to carry on and conduct the kind or kinds of business covered under this Act. (b) The license so granted shall specify the name and address of the applicant and if the applicant is a partnership or corporation the name and address of each partner or principal officer of the corporation. The license shall specify the location of each place of business or branch or other location occupied or to be occupied by the licensee in
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conducting his business. The license or supplemental license shall be conspicuously displayed on each of such premises and, in the event any such location is changed, the board shall issue a new license with the changed address or endorse the changed address on the original license at no charge to the licensee. (c) The board shall have the power and duty to issue or direct the joint-secretary to issue the license and for reasonable cause the board may refuse to issue or renew a license. (1) The board may refuse to issue a license to an applicant when it determines that the applicant, or any partner or principal officer of the applicant if a partnership or corporation has (A) violated any law enacted for the prevention of theft of motor vehicles, parts, or accessories; (B) submitted an application containing incorrect information or made any material misrepresentation to the board in connection with an application for a license; (C) failed for more than 30 days after the occurrence of a change which renders no longer accurate any information contained in any application for a license to make an amendatory application under Section 8 of this Act; (D) been guilty of a fraudulent act in connection with selling, bartering, exchanging, offering for, or otherwise dealing in used automobile parts or dismantled, wrecked, burned, or rebuilt motor vehicles; (E) has been convicted of a felony or a crime involving moral turpitude arising out of or connected with any business licensed under this Act; (F) failed to file or produce for the board any reports, records, or documents required to be filed or produced under the provisions of this Act or any rule or regulation made by the board pursuant to this Act; or (G) based on the information contained on the application, or by subsequent investigation, is not

of good moral character. (2) No license shall be refused until the applicant or licensee shall have been afforded a hearing in accordance with the Georgia Administrative Procedure Act. (d) Pending the satisfaction of the board that the applicant has met the requirements under this Act, it may issue a temporary permit to the applicant. The temporary permit shall allow the applicant to operate for a period not to exceed 120 days while the board is completing its investigation and determination of all facts relative to the qualification of the applicant to such license. Such temporary permit shall be invalid when the applicant's license has been issued or refused.
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Section 11 . Granting licenses; expiration and renewal. (a) All licenses issued under the provisions of this Act shall expire on December 31 of the calendar year following the calendar year in which issued and shall become invalid on that date, but renewal of such license may be made between January 1 and March 31 following the date of expiration by the payment of a renewal fee to be fixed by rule of the board. (b) Failure to apply for renewal of a license as a used parts dealer and to remit the renewal fee by March 31 following the date of expiration shall not withdraw the right of renewal, but the board shall be authorized to charge an additional fee for late submission of the renewal fee. Section 12 . Suspension, revocation, or refusal to renew. (a) The board may, upon its own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any dealer licensed under this Act or anyone who shall assume to act in such capacity; and the board shall have power, in addition to the other powers authorized by this Act, to suspend for a specified time to be determined in its discretion, to refuse to renew, or to revoke any license issued by virtue of the provisions of this Act where the licensee is found by a majority of the members of the board to be guilty of any one or more of the following: (1) Used a false or fictitious name, knowingly made any false statements, or concealed any material fact in any application or other document filed with the board; or (2) Willfully and intentionally failed to comply with any provisions of this Act or any lawful rule or regulations issued by the board under the provisions of this Act; or (3) Made by any means any substantial misrepresentation to the board or to the public; or (4) Demonstrated unworthiness or incompetency to act as a salvage dealer, motor vehicle dismantler, rebuilder, or used parts dealer in such a manner as to safeguard the interest of the public; or (5) Engaged in fraud or fraudulent practice in the conduct of a business licensed under this Act; or
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(6) Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate any of the provisions of this Act; or (7) Committed any act constituting any felony or any crime involving violence or moral turpitude arising out of or in connection with any business licensed under this Act; and the conviction, pleas of guilty, or plea of nolo contendere of a felony or a crime involving violence or moral turpitude shall be conclusive evidence of the commission of such crime. A fine or sentence based on a conviction, a plea of guilty, or plea of nolo contendere to a charge or indictment by either the federal or state government for tax evasion or failure to pay taxes shall be considered a crime involving moral turpitude; or (8) Purchased, or concealed, or had in his possession, or otherwise acquired or disposed of a vehicle, knowing the same to be stolen; or (9) Failed to meet and maintain the requirements for issuance of a license as provided for in this Act; or (10) Engaged in any other conduct, whether of the same or different character than heretofore specified, which constitutes dishonest dealings; or (11) Failed to pay within 30 days after written demand from the board any fees or penalties due on vehicles acquired for dismantling or rebuilding; or (12) Failed to keep or maintain the records required to be kept by this Act. (b) The board may refuse to renew the license of any dealer licensed under this Act upon any one or more of the grounds enumerated in subsection (a) of this section. Section 13 . Appeal of decision of the board. Any action or decision of the board which would be subject to appeal under the Georgia Administrative Procedure Act may be appealed in the same manner as specified under that Act to the same courts, with the same rights and limitations as specified in that Act.
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Section 14 . Licensee's records. (a) Every licensee shall maintain for three years and submit monthly to the board in the form the board prescribes a record of: (1) Every vehicle, vehicle body, chassis, or major component of or for a vehicle received or acquired by him, its description and any identifying numbers, the date of its receipt or acquisition, and the full name, address, and driver's license number or social security number of the person from whom received or acquired; provided, however, that in the event such purchase or acquisition is from a used parts dealer, used motor vehicle dismantler, salvage dealer, or established place of business, the name and address of the corporation or company shall be sufficient provided the seller is registered under the provisions of this Act. (2) Every vehicle, vehicle body, chassis, or

major component disposed of by him, its description and any identifying numbers, the date of its receipt or acquisition, and the full name, address, and driver's license number or social security number of the person to whom disposed; provided, however, that in the event such disposal is to a used parts dealer, used motor vehicle dismantler, salvage dealer, or established place of business, the name and address of the corporation or company shall be sufficient provided the purchaser or acquirer is registered under the provisions of this Act. (3) Every vehicle wrecked, dismantled, or crushed by him and the date of its wrecking or dismantling. (b) Every licensee shall make reports in such form and containing such information as the board may by rule or regulation require. (c) The possession of motor vehicles or parts covered by this Act shall be prima-facie evidence that they were purchased for the purpose of resale. Section 15 . Salvage pools; information to be furnished to purchasers. All dealers licensed under the provisions of this Act who operate salvage pools shall furnish to the purchaser of any motor vehicle sold the make, model, year, body style, and vehicle identification number of the particular vehicle sold. In the event that the operator of a salvage pool is an insurance company, the claim number of the vehicle shall be furnished to the purchaser in addition to the other required information.
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Section 16 . Inspection. Every person licensed under the provisions of this Act, as a condition of his license, shall be deemed to have granted authority and permission to the board or any peace officer to inspect any record or document and any motor vehicle or motor vehicle part or accessory at or on the premises of his principal or additional place of business at any reasonable time during the day or night during reasonable business hours. Section 17 . Compliance with Motor Vehicle Certificate of Title Act. Any dealer who purchases a wrecked or salvage motor vehicle or rebuilds a wrecked or salvage motor vehicle shall fully comply with the provisions of the Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. Laws 1961, p. 68), as now or hereafter amended, regarding titling and inspection of salvage and rebuilt vehicles and shall comply with any rules and regulations adopted by the commissioner of the Department of Revenue pursuant to this Act. Section 18 . Licensing of dealers by political subdivisions. Nothing in this Act shall prohibit any lawful regulation or licensing of used car dealers, used motor vehicle parts dealers, dismantlers, or rebuilders by any city, county, or other political subdivision of this state. No such political subdivision shall grant a business license to any dealer required to be licensed under this Act until such dealer has made bona fide application to the board to be licensed under this Act and the board has taken action under the application other than refusal, cancellation, revocation, or failure to renew the applicant's license. Section 19 . Offenses. Any person violating any provision of this Act shall be guilty of a misdemeanor. Section 20 . Additional remedies. In addition to any other remedy provided by law, the board, the Attorney General, any district attorney in this state, or any county or city attorney in this state may bring an action to enjoin any person from selling, trading, transferring, or disposing of any used motor vehicle parts in violation of the provisions of this Act. Section 21 . Civil penalty for violations. (a) Any person who commits or causes to be done any act that violates any provision of this Act or fails to do any act or causes to be omitted any act that is required by any provision of this Act shall be subject to a civil penalty not to exceed $1,000.00 for each such violation. A violation of any such provision shall for the purposes of this section constitute a
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separate offense as to any motor vehicle part and each day in which any person sells, trades, transfers, or disposes of used motor vehicle parts without being licensed pursuant to this Act shall constitute a separate offense. (b) Said penalty shall be recoverable by a civil action brought by the board, the Attorney General, any district attorney, solicitor, or city or county attorney in any superior or state court having proper jurisdiction. The proceeds of any civil penalty shall be remitted by the clerk of court in which said case is filed to the board; provided, however, that in an action brought on behalf of a county or municipality, one-half of the proceeds of such civil penalty shall be paid into the treasury of such county or municipality. Section 22 . Termination date. Pursuant to Section 9 of An 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 Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers created in Section 4 of this Act is 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, this Act shall stand repealed in its entirety. During the 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 23 . Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Approved April 9, 1981.
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CRIMESPUBLIC INDECENCY DURING PLAYS, ETC. Code Section 26-2105 Repealed. No. 614 (Senate Bill No. 122). AN ACT To repeal in its entirety Code Section 26-2105, relating to engaging in conduct constituting public indecency during the course of a play, night club act, motion picture, television production, or other exhibition or mechanical reproduction of human conduct and counseling persons to participate in such conduct; 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 26-2105, relating to engaging in conduct constituting public indecency during the course of a play, night club act, motion picture, television production, or other exhibition or mechanical reproduction of human conduct and counseling persons to participate in such conduct, which reads as follows: 26-2105. (a) Every person who, during the course of a play, night club act, motion picture, television production or other exhibition, or mechanical reproduction of human conduct, engages in conduct which would be public indecency under Code section 26-2011 if performed in a public place, shall be guilty of participation in indecent exposure and upon conviction shall be punished as for a misdemeanor. (b) Every person who procures, counsels or assists any person to engage in such conduct or who knowingly exhibits or procures, counsels or assists in the exhibition of a motion picture, television production or other mechanical reproduction containing such conduct shall be guilty of a misdemeanor., 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.
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Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. MECHANICS AND MATERIALMEN'S LIENSBONDING REQUIREMENTS. Code Section 67-2004 Amended. No. 615 (Senate Bill No. 126). AN ACT To amend Code Chapter 67-20, relating to mechanics' and materialmen's liens, as amended, so as to change certain bonding requirements; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 67-20, relating to mechanics' and materialmen's liens, as amended, is hereby amended by striking Code Section 67-2004 in its entirety and inserting in lieu thereof a new Code Section 67-2004 to read as follows: 67-2004. When any person entitled under this chapter to claim a lien against real estate located in this state shall file his lien in the office of the clerk of the superior court of the county in which said real estate is located, the owner of the real estate, or the contractor employed to improve said property, may, before or after foreclosure proceedings are instituted, discharge said lien by filing a bond in the office of that clerk. The bond shall be conditioned to pay to the holder of said lien the sum that may be found to be due the holder upon the trial of any action that may be filed by that lien holder to recover the amount of his claim within 12 months from the time that claim becomes due. The bond shall be in double the amount claimed under that lien and shall be either a bond with good security approved
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by the clerk of said court or a cash bond, except in cases involving a lien against single-family residential property, in which event the bond shall be in the amount claimed under the lien. Upon the filing of the bond provided for herein, the real estate shall be discharged from the lien. With respect to property bonds, the clerk shall not accept any real property bond unless the real property is scheduled in an affidavit attached thereto setting forth a description of such property and indicating the record owner thereof, including any liens and encumbrances and amounts thereof, market value and the value of such sureties' interest therein, executed by the owner or owners of such interest and such bond and affidavit is recorded in the same manner and at the same cost as other deeds of real property. So long as the bond exists it shall constitute a lien against the property described in the attached affidavit. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. GEORGIA MEDICAL ASSISTANCE ACT OF 1977CLAIMS. No. 616 (Senate Bill No. 138). AN ACT To amend an Act known as the Georgia Medical Assistance Act of 1977, approved March 16, 1977 (Ga. Laws 1977, p. 384), so as to permit the Department of Medical Assistance to make claim against the estate of a Medicaid recipient for the amount of any medical assistance payments made on the recipient's behalf by the Department; to provide for the waiver of such claim should the Department determine enforcement of the claim would result in substantial and unreasonable hardship to dependents of the individual against whose estate the claim exists; 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 Medical Assistance Act of 1977, approved March 16, 1977 (Ga. Laws 1977, p. 384), is hereby amended by adding between Sections 8 and 9 thereof a new Section 8.1 to read as follows: Section 8.1. Department claims against estate of Medicaid recipients. In accordance with applicable federal law and regulations, including those under Title XIX of the Social Security amendments of 1965, the Department of Medical Assistance may make claim against the estate of a Medicaid recipient for the amount of any medical assistance payments made on such person's behalf by the Department. The Commissioner shall waive such claim if he determines enforcement of the claim would result in substantial and unreasonable hardship to dependents of the individual against whose estate the claim exists. 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, 1981. SHERIFF'S RETIREMENT FUND OF GEORGIA ACT AMENDED. No. 617 (Senate Bill No. 141). AN ACT To amend an Act providing for a Sheriff's Retirement Fund of Georgia, approved April 16, 1963 (Ga. Laws 1963, p. 630), as amended, particularly by an Act approved April 9, 1968 (Ga. Laws 1968, p. 1203), so as to provide for the collection of additional legal costs in
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each civil suit, action, case, or proceeding; to provide that such costs shall be remitted to the board; 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 providing for a Sheriff's Retirement Fund of Georgia, approved April 16, 1963 (Ga. Laws 1963, p. 630), as amended, particularly by an Act approved April 9, 1968 (Ga. Laws 1968, p. 1203), is hereby amended by designating the present language of Section 10 as subsection (a) thereof and by adding at the end thereof a new subsection (b) to read as follows: (b) In addition to all other legal costs, the sum of $1.00 shall be charged and collected in each civil suit, action, case, or proceeding, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by personal representative for leave to sell or invest, trade name registrations, applications for change of name, and all other proceedings of a civil nature filed in the superior courts. The clerks of the superior courts shall collect such fees, and the fees so collected shall be remitted to the Board of Commissioners of the Sheriff's Retirement Fund quarterly or at such other time as said board may provide. It shall be the duty of the clerks of the superior courts to keep accurate records of the amounts due the board under this subsection, and such records may be audited by the board at any time. The sums remitted to the board under this subsection shall be used only for the purposes provided for in this Act. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981.
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HEALTHPERMITS TO OPERATE CERTAIN MEDICAL INSTITUTIONS. Code Section 88-1905 Amended. No. 618 (Senate Bill No. 145). AN ACT To amend Code Section 88-1905, relating to the application for and issuance of permits to operate certain medical institutions, so as to provide that the Department of Human Resources may accept the certification or accreditation of an institution by certain bodies as evidence of compliance with departmental requirements; to provide that an additional inspection of such certified and accredited institutions by the Department of Human Resources may not be required before a permit is issued or renewed; to provide for departmental inspections, revocation, and refusal to issue or renew permits under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 88-1905, relating to the application for and issuance of permits to operate certain medical institutions, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 88-1905 to read as follows: 88-1905. Permits to operate required; application; issue. (a) Any person or persons responsible for the operation of any institution as defined or classified pursuant to this Chapter, or who may hereafter propose to establish and operate such an institution, shall submit an application to the Department of Human Resources for a permit to operate said institution, such application to be made on forms prescribed by the Department of Human Resources. No institution shall be operated in Georgia without such a permit, which shall be displayed in a conspicuous place within the building. Failure or refusal to file an application for a permit as required herein shall constitute a violation of this Chapter and shall be dealt with as provided for in Chapter 88-3 of this Title. Following inspection and classification of the institution for which a permit is applied, the Department of Human Resources may issue a permit or a provisional permit, or refuse to issue a permit or a provisional permit. Permits issued shall remain in force and effect until revoked or suspended; provisional

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permits issued shall remain in force and effect for such limited period of time as may be specified by the Department of Human Resources. (b) The Department of Human Resources may accept the certification or accreditation of an institution by the Joint Commission on Accreditation of Hospitals, the American Osteopathy Association, or other accreditation body in accordance with specific standards, as evidence of that institution's compliance with the substantially equivalent departmental requirements for issuance or renewal of a permit or provisional permit prior to the issuance or renewal of such permits. The Department of Human Resources may not require an additional departmental inspection of any institution whose certification or accreditation has been accepted by said Department, except to the extent that such specific standards are less rigorous or less comprehensive than departmental requirements. Provided, however, that nothing contained herein shall prohibit departmental inspections for violations of said standards or requirements, or the revocation of or refusal to issue or renew permits as authorized by Section 88-1906 of this Chapter, or for violation of any other applicable law or regulation pursuant thereto. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. CLERKS OF SUPERIOR COURTSQUALIFICATIONS, TRAINING, ETC. Code Chapter 24-27 Amended. No. 619 (Senate Bill No. 149). AN ACT To amend Code Chapter 24-27, relating to clerks of the superior courts, as amended, so as to provide for the election, qualifications,
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and term of office of clerks of the superior courts; to provide for sanctions for failure to complete training requirements; to create a new Code section to establish the Superior Court Clerks Training Council; to provide for voting and advisory members; to provide the procedure for conducting business; to provide for the payment of expenses of the members of the council; to provide for the functions of the council; to amend an Act relating to retirement benefits and eligibility of clerks of the superior courts, approved February 15, 1952 (Ga. Laws 1952, p. 238), as amended, particularly by an Act approved April 6, 1978 (Ga. Laws 1978, p. 2069), so as to exclude certain years of service from retirement eligibility; 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 intent. The General Assembly declares it to be in the best interest of the citizens of the State of Georgia that qualifications and standards of the office of clerk of superior court be determined and set so as to improve both the capabilities and training of those persons who hold the office of clerk. It is hereby declared to be the intent of the General Assembly that proper qualifications and standards be required of the person holding the office of clerk of superior court so as to increase the effectiveness and capabilities of the several clerks of superior court of this state to manage the administrative procedures and public records of the office. Section 2 . Code Chapter 24-27, relating to clerks of the superior courts, as amended, is hereby amended by striking Code Section 242701, relating to terms, in its entirety and inserting in lieu thereof a new Code Section 24-2701 to read as follows: 242701. (a) The clerks of the superior courts shall be elected for the term of four years. (b) (1) No person shall be eligible to offer for election to or hold the office of clerk of the superior court who does not meet all of the following qualifications: (A) Be a citizen of the United States; (B) Be a resident of the county in which he seeks the office of clerk of superior court for at least two years prior to his qualifying for the election to the office;
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(C) Be a registered voter; (D) Have attained the age of at least 25 years prior to the date of qualifying for election to the office. This subparagraph shall not apply to any person serving as a clerk of the superior court on July 1, 1981; (E) Have obtained a high school diploma or its recognized equivalent; (F) Have not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, or any other state, or the United States; and (2) Each person offering his candidacy for the office of clerk of superior court shall file an affidavit with the judge of the probate court or county board of elections prior to or at the time for qualifying, affirming that he has, or meets, all of the qualifications required pursuant to the provisions of this subsection. (c) (1) Any person who is elected or appointed as a clerk of the superior court after July 1, 1981, and who was not serving as a clerk of the superior court on July 1, 1981, shall satisfactorily complete 40 hours of training in the performance of his duties and shall place a certificate of training issued by the Institute of Continuing Judicial Education of Georgia on file with the judge of the probate court of the county in which he serves within one year from the date of his election or appointment in order to become a certified clerk of superior court. (2) Any person who is elected or appointed as a clerk of superior court after July 1, 1981, and who does not satisfactorily complete the training required by paragraph (1) of this subsection or who does not place a certificate of training issued by the Institute of Continuing Judicial Education of Georgia on file within the time periods required by paragraph (1) shall become a certified clerk of the superior court upon completion of the requirements at any later time.

For each year the training requirements required by paragraph (1) are not completed and the certificate is not placed on file, the clerk of the superior court will not receive credit for that year of service for determining eligibility for retirement under the Superior Court Clerks' Retirement Fund of Georgia.
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(3) Each clerk of superior court may complete 20 hours of additional training per annum during each year in which he serves as a clerk of the superior court and may file a certificate of additional training issued by the Institute of Continuing Judicial Education of Georgia with the judge of the probate court in the county by July 1 of each year. (4) A clerk of superior court may appoint an employee of his office as clerk pro tempore for a period not exceeding five days per year in order for the clerk to attend training authorized or required by this subsection. If any clerk, because of a lack of personnel in his office, is unable to appoint an employee of his office as clerk pro tempore for this purpose, then the probate judge shall serve as clerk pro tempore for such period. The appointment of clerk pro tempore shall be approved by the judge of the superior court and recorded in the minutes of the court. (5) All expenses of training authorized or required by this subsection, including any tuition which may be fixed by the Institute of Continuing Judicial Education, shall be paid by the clerk taking the training but may be reimbursed from county funds by action of the county governing authority. Section 3 . Said Code chapter is further amended by adding after Code Section 24-2701 a new Code Section 24-2701.1 to read as follows: 24-2701.1 (a) The Superior Court Clerks Training Council is hereby established. The council shall consist of ten voting members and two advisory members and shall be composed as follows: (1) Seven members shall be elected to a term of four years by the members of the Superior Court Clerks Association of Georgia; provided, however, that with respect to the initial election, one shall be elected for a one-year term, two for a two-year term, two for a three-year term, and two for a four-year term. (2) Three members shall be judges of the superior courts appointed to a term of four years by the Judicial Council of Georgia. (3) Two advisory members appointed by the Superior Court Clerks Training Council shall serve on the training council in an advisory capacity only, without voting privileges.
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(4) Membership on the training council does not constitute public office and no member shall be disqualified from holding public office by reason of his membership. (b) The business of the training council shall be conducted in the following manner: (1) The training council at its initial meeting, which shall be held promptly after the appointment of its members, shall elect a chairman, a vice-chairman, and a secretary-treasurer from among its members who shall serve until the first meeting in the succeeding year. Thereafter, the chairman, vice-chairman, and secretary-treasurer shall be elected at the first meeting of each calendar year. (2) Six voting members of the training council shall constitute a quorum for the transaction of business. (3) The training council shall maintain minutes of its meetings and such other records as it deems necessary. (c) The members of the training council shall receive no salary but shall be reimbursed for mileage incurred in the performance of their functions in accordance with state travel regulations if sufficient funds are appropriated by the state or accrue from contributions to the training council. (d) The council is vested with the following functions and authority: (1) To meet at such times and places as it may deem necessary; (2) To recommend to the Institute of Continuing Judicial Education of Georgia the curriculum, including the methods of instruction, composing the basic certification course for new clerks of superior court and to approve such curriculum adopted by the institute; (3) To recommend to the Institute of Continuing Judicial Education the curriculum for the annual recertification training authorized for clerks of superior court by this Code chapter and to approve such curriculum adopted by the Institute of Continuing Judicial Education; and
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(4) To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the power granted to it. Section 4 . An Act relating to retirement eligibility and benefits of clerks of the superior courts, approved February 15, 1952 (Ga. Laws 1952, p. 238), as amended, particularly by an Act approved April 6, 1978 (Ga. Laws 1978, p. 2069), is hereby amended by striking subsection (a) of Section 9 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) In order to be eligible to receive the retirement benefits provided for in this Act, a clerk of the superior court must have served 20 years, and at least 12 years of such service must have been as clerk of the superior court, and four years must have been served continuously as clerk of a superior court immediately preceding retirement. Subject to the restrictions set out herein, a clerk, in computing such service, may include service as a deputy clerk of the superior court and may include not more than four years of service as a member of the armed forces of the United States served on active duty during any period of time in which the United States was

engaged in an armed conflict, regardless of whether a state of war had been declared by Congress, provided no service as a member of the armed forces of the United States shall be deemed as service as a clerk or as a deputy clerk of the superior court hereunder if such service has or will be used in the determination of any clerk's or deputy clerk's eligibility for retirement benefits or allowances from any state or federal retirement program, excluding social security. A clerk of the superior court may not include service for eligibility purposes for years in which the clerk has not completed the training requirements set out in paragraph (1) of subsection (c) of Code Section 24-2701. No person shall be eligible for the retirement benefits provided herein unless he or she has paid into the fund the amount provided for in this law for the four years' service immediately preceding his or her retirement. Any such clerk who is approved for the purpose of receiving retirement benefits shall be paid a sum of $450.00 a month. No person shall receive credit for any service performed after the effective date of this Act unless payment for the period covered by such service has been made to the board as provided for in this Act. No person shall be eligible for benefits provided herein until his or her official duties shall have terminated and unless he or she shall file application for benefits within 90 days, or as soon thereafter as possible, from the time of the termination of his or her official duties.
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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 9, 1981. AGRICULTURELICENSED GRAIN DEALERS, ETC. No. 620 (Senate Bill No. 152). AN ACT To amend an Act relating to licensing of grain dealers, approved March 18, 1976 (Ga. Laws 1976, p. 512), as amended by an Act approved March 4, 1977 (Ga. Laws 1977, p. 245), so as to change the amount and method of calculating the bond coverage required of grain dealers; to authorize the Commissioner of Agriculture to publish the names and locations of licensed grain dealers and those operations who buy grain for cash; to provide for notice in license revocation proceedings to be given by certified or registered mail; 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 licensing of grain dealers, approved March 18 1976 (Ga. Laws 1976, p. 512), as amended by an Act approved March 4, 1977 (Ga. Laws 1977, p. 245), 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. (a) Before any license may be issued by the Commissioner, the applicant shall make and deliver to the Commissioner a surety bond. Subject to a minimum of $10,000 and a maximum of $100,000, the bond shall be in an amount calculated in the following
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manner: The bond shall be in an amount of 20% of the average dollar volume of grain purchases from producers. The average dollar volume is the average of the highest dollar volume of grain purchases made in any single month for each of the three preceding calendar years, or such shorter period of years as the applicant has done business as a grain dealer. (b) If a grain dealer operates his grain-dealing activities at more than one physical location, he shall furnish a surety bond for each location of grain-dealing activities, each bond to be completed in the above manner, and each bond to be subject to the above-stated minimum and maximum amounts. (c) The surety bonds required by this section shall be upon forms prescribed by the Commissioner, and shall be executed by a surety company authorized to transact business in the State of Georgia. Such bonds shall be conditioned to secure the faithful accounting for, and payment to, the producers, their agents or representatives, of the proceeds of all grain handled or sold by such dealer. In lieu of a surety bond, the Commissioner may accept a cash bond which shall be subject, in all respects, to the same claims and actions as would exist against a surety bond. Section 2 . Said Act is further amended by adding the words certified or between the words by and registered in the third sentence of Section 13, so that as amended, Section 13 shall read as follows: Section 13. Before the Commissioner shall refuse a license or revoke any license, he shall give ten days' notice, by certified or registered mail, to the applicant or licensee of a time and place of hearing. At such hearing the applicant or licensee shall be privileged to appear in person or by or with counsel and to produce witnesses. If the Commissioner shall find the applicant or licensee to be in violation of the provisions of this Act, the Commissioner may refuse, suspend or revoke such license, and shall give immediate notice of his action to the applicant or licensee. Section 3 . Said Act is further amended by adding, between Section 15 and Section 16, a new Section 15A to read as follows: Section 15A. The Commissioner may publish the names and locations of licensed grain dealers and the names and locations of
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those operations certifying payment will be made on a cash or certified check basis. Section 4 . This Act shall become effective July 1, 1981. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved

April 9, 1981. GEORGIA STATE WAREHOUSE ACT AMENDEDMINIMUM REQUIRED BOND. No. 621 (Senate Bill No. 154). AN ACT To amend an Act known as the Georgia State Warehouse Act, approved December 22, 1953 (Ga. Laws 1953, Nov. Sess., p. 412), as amended by an Act approved February 23, 1955 (Ga. Laws 1955, p. 261), an Act approved March 9, 1956 (Ga. Laws 1956, p. 688), an Act approved March 17, 1959 (Ga. Laws 1959, p. 246), and an Act approved March 11, 1977 (Ga. Laws 1977, p. 289), so as to increase the minimum required bond; 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 Warehouse Act, approved December 22, 1953 (Ga. Laws 1953, Nov. Sess., p. 412), as amended by an Act approved February 23, 1955 (Ga. Laws 1955, p. 261), an Act approved March 9, 1956 (Ga. Laws 1956, p. 688), an Act approved March 17, 1959 (Ga. Laws 1959, p. 246), and an Act approved March 11, 1977 (Ga. Laws 1977, p. 289), is hereby amended by striking from line 19 of Section 6 the figure $5,000.00 and inserting in lieu thereof the figure $10,000.00 so that when so amended Section 6 shall read as follows:
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Section 6. Bonds. Every person intending to engage in business as a warehouseman under the provisions of this Act shall, prior to commencing such business and periodically thereafter as the Commissioner shall require, execute and file with the Commissioner a good and sufficient bond to the State, executed only by a surety corporation of the warehouseman's choice qualified under the laws of the State to secure the faithful performance of his obligation as a warehouseman under the terms of this Act and the rules and regulations prescribed thereunder, said bond to be computed in direct ratio to the licensed storage capacity of the warehouse bonded. The Commissioner shall have authority to fix the bond for any part of licensed storage capacity of the warehouse being used, but in no event shall the amount of the bond be required to exceed 12% of the value of the products stored, and shall be in such form and amount, shall have such surety or sureties, subject to service of process in suits on the bonds with this State, as the Commissioner may prescribe; provided, however, the minimum bond to be posted for each warehouse shall be $10,000.00 and the maximum bond to be required for each warehouse shall be $100,000.00. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, he may require an additional bond or bonds to be given by the warehouseman concerned, conforming with the requirements of this section. Unless same be given within the time fixed by a written demand therefor, the license of such warehouseman shall be suspended or revoked; provided, however, that the provisions of sections 26 and 27 shall apply to this as well as all other sections of 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 April 9, 1981.
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REQUIREMENTS RELATIVE TO POLITICAL SUBDIVISION RETIREMENT SYSTEMS AMENDED. No. 622 (Senate Bill No. 155). AN ACT To amend an Act providing requirements relative to local retirement, pension, and emeritus systems, approved March 28, 1974 (Ga. Laws 1974, p. 1407), so as to change the provisions relative to actuarial investigations and reports submitted to the state auditor; to provide for certain reports to the Governor and members of the General Assembly; to provide for withholding state funds payable to political subdivisions 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: Section 1 . An Act providing requirements relative to local retirement, pension, and emeritus systems, approved March 28, 1974 (Ga. Laws 1974, p. 1407), is hereby amended by striking subsection (c) of Section 2 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) Once every three years, the board of trustees or other governing authority of each local retirement system shall have the system's actuary make an actuarial investigation. Such actuarial investigation shall include the results of any actuarial investigation into the then current assumptions as to rates of interest, mortality, disability, withdrawal and retirement. The actuarial investigation shall also include consideration of the experience of the retirement system under its assumptions and a comparison of results with the previous actuarial investigations and may also include such other studies as may be necessary or desirable for the completeness and accuracy of the actuarial investigation. The actuarial investigation shall also include a valuation of the contingent assets and liabilities of the retirement system and a determination of the payment necessary to amortize over a stated period any unfunded accrued liability disclosed. As an exhibit to the actuarial investigation, the local retirement system board of trustees or other governing authority thereof shall attach a copy of all the provisions of the plan for the local retirement system, including the requirements and conditions for
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qualifying to participate, the nature of benefits under the plan, and the manner in which the local retirement system is funded. Beginning on July 1, 1982, and every three years thereafter on such date, the board of trustees or other governing authority of each such local retirement system shall have on file with the state auditor an actuarial investigation meeting the requirements of this subsection. The provisions of this subsection shall not apply to a retirement or pension program which is established pursuant to an insurance contract between an insurer and a county, municipality, local board of education, or other political subdivision or between an insurer and any commission, board, or other agency of any such political subdivision. As used in the preceding sentence, the word `insurance' and the word `insurer' shall have the meanings set forth, respectively, in Code Sections 56-102 and 56-103 of the Georgia Insurance Code. Municipalities providing a retirement program for their employees pursuant to a contract with the Board of Trustees of the Joint Municipal Employees Retirement System shall not be required to submit actuarial investigations under this subsection or financial reports under Section 3 of this Act. In lieu of such actuarial investigations and reports, the Board of Trustees of the Joint Municipal Employees Retirement System shall prepare a comprehensive report once every three years based on the information required under Sections 21 and 22 of the Act creating the Board of Trustees of the Joint Municipal Employees Retirement System, approved March 31, 1965 (Ga. Laws 1965, p. 421), as amended. Said comprehensive report shall be filed with the state auditor at the same time as actuarial investigations are filed as provided in this subsection. Any county providing a retirement program for its employees pursuant to a contract with, or a program offered by, the Association County Commissioners of Georgia shall also be exempt from the requirements of this subsection and Section 3 of this Act, if the Association County Commissioners of Georgia files with the state auditor, at the same time actuarial investigations are filed under this subsection, a comprehensive report substantially equivalent to the comprehensive report filed by the Board of Trustees of the Joint Municipal Employees Retirement System as provided above. Section 2 . Said Act is further amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. Financial reports. (a) The board of trustees or other governing authority of each local retirement system shall file a
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financial report on such local retirement system with the state auditor at the same time each actuarial investigation is filed with said officer as provided by subsection (c) of Section 2 of this Act. (b) The financial report shall include, for each of the three fiscal years covered by the report, the following information: (1) The receipts of the local retirement system including member contributions, employer contributions, any other contributions, investment income, gains from the sale of the system's assets, and any other receipts from whatever source derived; and (2) The disbursements of the local retirement system including benefit payments to retirees or beneficiaries, refunds to members, losses from the sale of the system's assets, and administrative expenses of the system. (c) The financial report shall also include statistics on the membership and beneficiaries of the local retirement system. There shall be attached to the financial report an exhibit showing all amendments to or changes in the local retirement system which have been made since the filing of the previous actuarial investigation under subsection (c) of Section 2 of this Act. (d) The first financial report shall be filed on July 1, 1982, and subsequent reports shall be filed every three years thereafter on July 1. (e) The financial reports, the actuarial investigations, and all exhibits thereto and modifications thereof shall be a matter of public record open to inspection by the public. (f) The financial reports required by this section shall apply to retirement or pension programs established pursuant to an insurance contract, as described by subsection (c) of Section 2 of this Act. Section 3 . Said Act is further amended by redesignating Section 4 as Section 6 and by adding new Sections 4 and 5 to read as follows: Section 4. Reports of the state auditor. Based on the most recent actuarial investigations on file pursuant to subsection (c) of Section 2 of this Act and financial reports submitted under Section 3 of this Act, the state auditor, once every three years beginning on January 1,
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1983, shall submit a report on the condition of local retirement systems to the Governor and each member of the General Assembly. The report shall deal specifically with any local retirement system which the state auditor has reason to believe is not in actuarially sound condition. A copy of the state auditor's report shall also be sent to the applicable governing authority of the political subdivision and the applicable board of trustees or other governing authority of the local retirement system which the state auditor finds is not in actuarially sound condition. Section 5. Duty to submit actuarial investigations and financial reports. It shall be the duty of the governing authority of each county, municipality, or other political subdivision whose employees are covered under a local retirement system and the duty of a local board of education whose employees are covered under a local retirement system to cause the actuarial investigations required by Section 2 of this Act to be made and to cause such actuarial investigations to be filed with the state auditor as required by

said section. It shall also be their duty to cause financial reports to be submitted to the state auditor as required by Section 3 of this Act. If a required actuarial investigation and financial report are not submitted, then within 30 days after the date on which such investigation and report were due in the office of the state auditor, the state auditor shall notify, in writing, the governing authority of the county, municipality, or other political subdivision whose employees are covered under the applicable local retirement system. If the actuarial investigation and financial report are not received by the state auditor within 60 days after the date such notice is sent to the governing authority, the state auditor shall notify the director of the fiscal division of the Department of Administrative Services, and it shall be the duty of that officer to withhold any state funds payable to the applicable political subdivision or local board of education until such time as the actuarial investigation and financial report are submitted to the state auditor. The state auditor shall advise the director of the fiscal division of the Department of Administrative Services within five days after receiving the actuarial investigation and financial report to release any state funds payable to the applicable political subdivision.
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Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. SALE OF PULPWOOD AND TIMBER. Code Section 5-1601.1 Enacted. No. 623 (Senate Bill No. 159). AN ACT To amend Code Chapter 5-16, relating to inspection and sale of naval stores and lumber, as amended, so as to provide requirements in connection with the sale of pulpwood and timber; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 5-16, relating to inspection and sale of naval stores and lumber, as amended, is hereby amended by adding following Code Section 5-1601 a new Code Section 5-1601.1 to read as follows: 5-1601.1. Sale of pulpwood and timber; price. Any person using weight as a basis to determine board feet, cords, or units of pulpwood or timber who buys or offers to buy any pulpwood or timber within the State of Georgia shall provide the seller or prospective seller of such pulpwood or timber with a quotation of the price of such pulpwood or timber calculated in dollars per thousand pounds. The provisions of this section shall not prohibit or restrict the use of any acceptable method to calculate the weight or quantity of pulpwood or timber. The provisions of this section shall not be construed as requiring the purchase or use of scales for the purpose of measuring wood or be construed as altering the common trade definition of a cord as being equivalent to 128 cubic feet. Any person violating the
Page 936
provisions of this section 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 April 9, 1981. INSURANCEINDUSTRIAL LIFE INSURANCE. Code Title 56 Amended. No. 625 (Senate Bill No. 183). AN ACT To amend Code Title 56, relating to insurance, as amended, so as to provide for the licensing and regulation of industrial insurance and all related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Title 56, relating to insurance, as amended, is hereby amended by striking Code Chapter 56-29, relating to industrial life insurance, in its entirety and inserting in lieu thereof a new Code chapter to read as follows: CHAPTER 56-29 INDUSTRIAL LIFE INSURANCE 56-2901. Industrial life insurance defined; stacking prohibited. (a) Industrial life insurance is that form of insurance under which not more than two thousand ($2,000) dollars on a single life, exclusive of additional benefits in the event of death from accidental means, is payable on any such policy for which the premiums are payable monthly or more frequently, and which bears the words `industrial
Page 937
policy' or `weekly premium policy' or words of similar import imprinted on the face of the policy as a part of the descriptive matter. (b) No insurer shall knowingly issue an industrial life insurance policy insuring the life of a person if the issuance of such policy would cause the aggregate face amount of industrial life insurance payable on the life of such person under any and all such policies (issued by such insurer) to exceed the sum of two thousand ($2,000) dollars, exclusive of additional benefits in the event of death from accidental means. 56-2902. Industrial insurance policies; standard provisions required. (a) No policy of industrial life insurance shall be delivered or issued for delivery in this state unless it contains in substance the following provisions or contains provisions which in the opinion of the Commissioner are more favorable to policyholders: (1) Grace period. A provision that the insured is entitled to a grace period of not less than 30 days within which the payment of any premium after the first may be made, during which period of grace the policy shall continue in force; but, if a claim arises under the policy during such period of grace, the amount of any premium due or overdue may be deducted from any amount payable under the policy in settlement; (2) Incontestability.

A provision that the policy (exclusive of provisions relating to disability benefits or to additional benefits in the event of death by accident or accidental means) shall be incontestable, except for nonpayment of premiums, after it has been in force during the lifetime of the insured for a period of two years from its date of issue; (3) Alteration of contract. A provision that no agent shall have the power or authority to waive, change, or alter any of the terms or conditions of any policy, except that at the option of the insurer, prior to the issuance of a policy, the terms or conditions may be changed by an endorsement or rider which is signed by a duly authorized officer of the insurer and receipt of which is acknowledged by the applicant in writing; (4) Misstatement of age. A provision that, if the age of the person insured or of any other person whose age is considered in determining the premium or benefit has been misstated, any
Page 938
amount payable or benefit accruing under the policy shall be such as the premium would have purchased at the correct age or ages. (5) Dividends. A provision in participating policies that beginning not later than the end of the third policy year, the insurer shall annually ascertain and apportion the divisible surplus, if any, that will accrue on the policy anniversary or other dividend date specified in the policy. Except as hereinafter provided, any dividend becoming payable shall at the option of the party entitled to elect such option be either: (A) Payable in cash; or (B) Applied to any one of such other dividend options as may be provided by the policy. If any such other dividend options are provided, the policy shall further state which option shall be automatically effective if such party shall not have elected some other option. If a policy specifies a period within which such other option may be elected, such period shall be not less than 30 days following the date on which such dividend is due and payable. The annually apportioned dividend shall be deemed to be payable in cash within the meaning of subparagraph (A) above even though the policy provides that payment of such dividend is to be deferred for a specified period, provided such period does not exceed six years from the date of apportionment and that interest will be added to such dividend at a specified rate. If a participating policy provides that the benefit under any paid-up nonforfeiture provision is to be participating, it may provide that any divisible surplus becoming payable or apportioned while the insurance is in force under such nonforfeiture provision shall be applied in the manner set forth in the policy; (6) Policy loan. A provision that after three full years' premiums have been paid and after the policy has a cash surrender value and while no premium is in default beyond the grace period for payment, the insurer will loan on the execution of a proper note or loan agreement by the owner of the policy, and on proper assignment of the policy and on the sole security thereof, at a specified rate of interest, a sum equal to or, at the option of the owner of the policy, less than the cash value of the policy at the end of the current policy year and of any dividend additions thereto; and that the company may deduct from such loan value or
Page 939
from the proceeds of the loan any existing indebtedness on or secured by the policy not already deducted in determining such cash value including interest due or accrued and any unpaid balance of the premium for the current policy year, and may collect interest in advance of the loan to the end of the current policy year. The policy shall reserve to the insurer the right to defer the granting of a loan, other than for the payment of any premium to the insurer, for six months after the application therefor. The policy may also provide that if interest on any indebtedness is not paid when due it shall then be added to the existing indebtedness and shall bear interest at the same rate. The policy may provide that if and when the total indebtedness on the policy, including interest due or accrued, equals or exceeds the amount of the loan value thereof, then the policy shall terminate and become void, but not until at least 30 days' notice shall have been mailed by the insurer to the last known address of the insured or policy owner and of any assignee of record at the home office of the insurer. The policy, at the insurer's option, may provide for an automatic premium loan, subject to an election of the party entitled to elect. No condition other than as herein provided shall be exacted as a prerequisite to any such loan. This paragraph shall not apply to term insurance or to term insurance benefits provided by rider or supplemental policy provisions or to any policy with a loan value of less than $25.00; (7) Tables of options and values. A statement of the mortality table and interest rate used in calculating the cash surrender values and the paid-up nonforfeiture benefits available under the policy, together with a table showing the cash surrender value, if any, reduced paid-up value if any, and the extended term value, if any, available under the policy on each policy anniversary, either during the first 20 policy years or during the term of the policy, whichever is shorter. Upon written request, the company will furnish an extension of such table beyond the year shown in the policy. Such values and benefits shall be calculated upon the assumption that there are no dividends or paid-up additions credited to the policy and that there is no indebtedness to the insurer on the policy; (8) Reinstatement. A provision that unless the policy has been surrendered for its cash surrender value or its cash surrender value has been exhausted, or unless the paid-up term insurance, if any, has expired, the policy will be reinstated at any time within

Page 940

three years from the date of premium default upon written application therefor, the production of evidence of insurability satisfactory to the insurer, the payment of all premiums in arrears, and the payment or reinstatement of any other indebtedness to the insurer upon the policy. All such sums may bear interest not exceeding 6 percent per annum compounded annually; provided, however, acceptance of all or any part of a premium more than 30 days in arrears by the agent or company without requiring reinstatement application shall continue the policy in force without showing any lapse of time; (9) Title. On each such policy there shall be placed a title which shall briefly and accurately describe the nature and form of the policy; (10) Payment of premiums. (A) A provision that all premiums shall be payable in advance either at the home or district office or to any agent of the company upon delivery of a receipt signed by said agent. Such receipt shall bear the agent's license number and signature of one or more of the officers who shall be named in the policy. (B) In the case of weekly premium policies, there shall be a provision that upon proper notice to the insurer, while premiums on the policy are not in default beyond the grace period, of the intention to pay future premiums directly to the insurer at its home office or any office designated by the insurer for the purpose, the insurer will, at the end of a period of 26 weeks from the due date of the first premium so paid and for any additional weekly premium payment thereafter, for which period such premiums are so paid continuously without default beyond the grace period, refund a stated percentage of the premiums in an amount which fairly represents the savings in collection expense. (11) Payment of claims. A provision that, when a policy shall become a claim by the death of the insured, settlement shall be made upon receipt of due proof of death and, at the insurer's option, surrender of the policy or proof of the interest of the claimant or both. If an insurer shall specify a particular period prior to the expiration of which settlement shall be made, such

Page 941

period shall not exceed two months from the receipt of such proofs; (12) Entire contract. A provision that, if any reference is made to the application for insurance or to the constitution, bylaws, or rules of the insurer as forming part of or affecting the policy between the parties, then there shall be included in or attached to said policy when issued a correct copy of the application signed by the applicant and the constitution, bylaws, and rules referred to. All statements made by the applicant in the application shall be deemed to be representations and not warranties. No statement in the application shall be used to void the policy or deny payment of a claim unless a copy of such application has been attached to and made a part of such policy when issued; (13) Conversion privilege. A provision that upon written request and without evidence of insurability (except for any additional amount of insurance) an industrial life policyholder is guaranteed the privilege of converting any industrial insurance policy to any form of ordinary life insurance with less frequent premium payments regularly issued by the insurer and the privilege of converting small industrial policies with the same insurer into one larger policy with combined benefits; (14) Space for name of designated beneficiary. There shall be a space on the front or back page of the policy for the name of the designated beneficiary. (b) An exact copy of the application shall be given to the applicant at the time of the sale which discloses and contains the following information and language: (1) An itemized list of all policies presently in force with all insurers, showing company name(s), premiums charged, amounts of insurance, total premiums, and total amounts of insurance provided; (2) The premium cost of the insurance policy purchased; (3) The premium cost for each optional additional benefit, if any, shall be shown separately and conspicuously apart from the premium charge for the basic natural death benefit;

Page 942

(4) The following statements shall appear on the applicant's copy in not less than ten point type:

(c) Any of such

required provisions or portions thereof not applicable to single premium or term policies or to provisions relating to

disability benefits or to additional benefits in the event of death or dismemberment by accidental means shall to that

extent not be incorporated therein. 56-2903. Prohibited provisions. No policy of industrial life insurance shall contain any

of the following provisions: (1) A provision by which the insurer may deny liability under the policy for the reason that

the insured has previously obtained other insurance from the same insurer. (2) A provision giving the insurer the right to

declare the policy void because the insured has had any disease or ailment, whether specified or not, or because the

insured has received

Page 943

institutional, hospital, medical, or surgical treatment or attention. However, a policy may contain a provision which gives the insurer the right to declare the policy void if the insured has, within two years prior to the issuance of the policy,

received institutional, hospital, medical, or surgical treatment or attention and the insured or claimant under the policy fails to show that the condition occasioning such treatment or attention was not of a serious nature or was not material to the risk. The policy may also contain a provision that the policy shall not become effective if on the date of the application for the policy the insured had knowledge that he was afflicted with any serious disease tending to shorten life, which fact was not shown on the application for the policy. (3) A provision giving the insurer the right to declare the policy void because the insured has been rejected for insurance, unless such right be conditioned upon a showing by the insurer that knowledge of such rejection would have led to a refusal by the insurer to make such contract. 56-2904. Provisions of life insurance chapter applicable. In addition to the requirements specifically set forth in this Code chapter, no policy of industrial life insurance shall be delivered or issued for delivery in this state unless it complies with Code Sections 562503.1, 56-2504, 56-2507, 56-2508, 56-2509, and 56-2510. 56-2905. Optional additional benefits. Any policy of industrial life insurance may provide a weekly benefit for disability, caused by sickness or accident, not greater than $40.00 per week. 56-2906. Exemption of industrial life insurance proceeds from creditors. The proceeds and avails of any industrial life insurance policy shall be free from the claims of creditors and representatives of the insured and of persons effecting the same to the same extent and under the same conditions as provided for in the case of other life insurance policies under Code Section 56-2505. 56-2907. Refund upon examination. Every industrial life policy or contract, issued for delivery in this state shall have printed thereon or attached thereto a notice stating in substance that the person to whom the policy or contract is issued shall be permitted to return the policy or contract within ten days after receipt thereof and to have the premium paid refunded if, after examination of the policy or contract,
Page 944
the purchaser is not satisfied with it for any reason. If the purchaser, pursuant to such notice, returns the policy or contract to the insurer at its home or branch office or to the agent through whom it was purchased, it shall be void from the beginning and the parties shall be in the same position as if no policy or contract had been issued. Without limiting any other method of returning a policy or contract under this Code section, it shall be prima-facie evidence of the fact and date of return of a policy or contract if the policy or contract is dispatched by at least first class mail to the insurer or agent, as provided above, and a receipt provided by the United States Postal Service is obtained. Section 2. Code Section 562502, relating to insurance policies containing the entire contract, is hereby amended by striking the words: and industrial life insurance policies, so that when so amended said Code section shall read as follows: 56-2502. Policies to contain the entire contract.Except for group life insurance policies, all life insurance policies which contain any reference to the application for insurance, or to the constitution, bylaws, or other rules of the insurer as forming part of or as affecting the contract between the parties shall include or have attached to said policy a correct copy of the application signed by the applicant and of the constitution, bylaws, and rules referred to. Unless included in or attached to the policy, no such application, constitution, bylaws or rules shall be considered a part of the contract or as an independent contract, nor shall it be received in evidence either as part of or as affecting the contract or as an independent contract in any controversy between the parties to or interested in the policy. This section shall not apply to applications for reinstatement. Section 3. Code Section 56-2504, relating to life insurance nonforfeiture provisions, as amended, is hereby amended by striking from paragraph (b) of subsection (1) the words in the case of ordinary insurance or five full years in the case of industrial insurance, so that when so amended said paragraph (b) of subsection (1) shall read as follows: (b) That, upon surrender of the policy within sixty (60) days after the due date of any premium payment in default after premiums
Page 945
have been paid for at least three full years, the insurer will pay, in lieu of any paid-up nonforfeiture benefit, a cash surrender value of such amount as may be hereinafter specified;. Section 4. Said Code Section 56-2504 is further amended by striking from paragraph (d) of subsection (1) the words in the case of ordinary insurance or the fifth policy anniversary in the case of industrial insurance, so that when so amended said paragraph (d) of subsection (1) shall read as follows: (d) That, if the policy shall have become paid-up by completion of all premium payments or if it is continued under any paid-up nonforfeiture benefit which became effective on or after the third policy anniversary, the insurer will pay, upon surrender of the policy within thirty (30) days after any policy anniversary, a cash surrender value of such amount as may be hereinafter specified;. Section 5. This Act shall become effective January 1, 1982, and shall apply to all policies and contracts of industrial life insurance issued or entered into on and after January 1, 1982; except that the Insurance Commissioner may adopt rules and regulations and take other administrative actions necessary or proper for the implementation of this Act at any time after it is approved by the Governor or otherwise becomes law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981.

Page 946
LICENSES TO CARRY PISTOLS OR REVOLVERSRETIRED LAW ENFORCEMENT OFFICERS. Code Section 26-2904 Amended. No. 626 (Senate Bill No. 189). AN ACT To amend Code Section 26-2904, relating to licenses to carry a pistol or revolver, as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1607), so as to provide that certain retired law enforcement officers may obtain a license without the payment of any fee; 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 26-2904, relating to licenses to carry a pistol or revolver, as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1607), is hereby amended by adding a new subsection, to be known as subsection (f), to read as follows: (f) Any person who has served as a law enforcement officer for at least ten of the 12 years immediately preceding the retirement of such person as a law enforcement officer shall be entitled to be issued a license as provided in this Code section without the payment of any of the fees provided in this Code section. Such person must comply with all the other provisions of this Code section relative to the issuance of such licenses. `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 and conservation rangers.
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. GEORGIA COMPUTER SYSTEMS PROTECTION ACT. No. 627 (Senate Bill No. 198). AN ACT To prohibit certain computer related crimes; to provide for a short title; to provide for legislative intent; to provide for definitions; to prohibit computer fraud; to prohibit certain accessing, altering, damaging, or destroying of computers, computer systems, or computer networks and to prohibit certain attempts relating thereto; to provide for penalties; to provide for venue of trials; to require reports of violations and provide immunity from liability for such reports; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short title. This Act may be cited as the Georgia Computer Systems Protection Act. Section 2. Legislative intent. The General Assembly finds that: (1) Computer related crime is a growing problem in the government and in the private sector; (2) Such crime occurs at great cost to the public since losses for each incident of computer crime tend to be far greater than the losses associated with each incident of other white collar crime; (3) The opportunities for computer related crimes in state programs and in other entities which operate within the state through the introduction of fraudulent records into a computer
Page 948
system, unauthorized use of computer facilities, alteration or destruction of computerized information files, and stealing of financial instruments, data, or other assets are great; (4) Computer related crime operations have a direct effect on state commerce; and (5) The prosecution of persons engaged in computer related crime is difficult under current Georgia criminal statutes. Section 3. Definitions. For purposes of this section, unless the context clearly indicates otherwise: (1) Computer means an internally programmed, general-purpose, digital device that automatically processes substantial data. (2) Computer system means a set of connected devices including a computer and possibly other devices such as data input, output, or storage devices, data communication circuits, and operating system computer programs that make the system capable of performing special-purpose data processing tasks for which it is specified. (3) Computer network means a set of two or more computer systems that automatically transmit data over communication circuits connecting them. (4) Computer program means an ordered set of data that are coded instructions or statements that when executed by a computer cause the computer to process data. (5) Property includes, but is not limited to, financial instruments, data, computer programs, documentation associated with data and computer systems and programs, all in machinereadable or human-readable form, and any other tangible or intangible item of value. (6) Services includes, but is not limited to, providing a computer system to perform tasks. (7) Financial instruments means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit
Page 949
card, or marketable security, or any computer system representation thereof. (8) Access means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of, a computer, computer

system, or computer network. (9) Computer software means a set of computer programs, procedures, and associated documentation concerned with the operation of a computer system. (10) Data is a representation of information, knowledge, facts, concepts, or instructions which are being prepared or have been prepared in a formalized manner, and is intended to be processed, is being processed, or has been processed in a computer system or computer network and should be classified as intellectual property and may be in any form including but not limited to computer printouts, magnetic storage media, punched cards, or stored internally in the memory of the computer. Section 4. Computer fraud and abuse. (a) Whoever knowingly and willfully, directly or indirectly, without authorization, accesses, causes to be accessed, or attempts to access any computer, computer system, computer network, or any part thereof which, in whole or in part, operates in commerce or is owned by, under contract to, or in conjunction with state, county, or local government or any branch, department, or agency thereof, any business, or any entity operating in or affecting commerce for the purpose of: (1) Devising or executing any scheme or artifice to defraud, or (2) Obtaining money, property, or services for themselves or another by means of false or fraudulent pretenses, representations, or promises shall, upon conviction thereof, be fined a sum of not more than two and one-half times the amount of the fraud or theft, or imprisoned not more than 15 years, or both. (b) Whoever intentionally and without authorization, directly or indirectly accesses, alters, damages, destroys, or attempts to damage
Page 950
or destroy any computer, computer system, or computer network, or any computer software, program or data shall, upon conviction thereof, be fined not more than $50,000.00 or imprisoned not more than 15 years, or both. Section 5. For the purpose of venue under the provisions of this Act, any violation of this Act shall be considered to have been committed: in any county in which any act was performed in furtherance of any transaction which violated the Act; in the county of the principal place of business in this state of the owner or lessee of a computer, computer system, computer network or any part thereof; in any county in which any violator had control or possession of any proceeds of said violation or of any books, records, documents, property, financial instrument, computer software, computer program or other material or objects which were used in furtherance of said violation; and in any county from which, to which or through which any access to a computer or computer network was made whether by wires, electromagnetic waves, microwaves or any other means of communication. Section 6. It is the duty of every business, partnership, college, university, person, state, county, or local governmental agency or department or branch thereof, corporation, or other business entity who has reasonable grounds to believe that a violation of this Act has been committed to promptly report the suspected violation to law enforcement authorities. When acting in good faith, such business, partnership, college, university, person, state, county, or local governmental agency or department or branch thereof, corporation, or other business entity shall be immune from any civil liability for such reporting. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981.
Page 951
EFFECTIVE DATE OF THE FEDERAL CENSUS AS USED IN STATUTORY LAW. No. 628 (Senate Bill No. 200). AN ACT To amend an Act establishing an effective date for the federal census as used in the statutory law of Georgia, approved April 12, 1963 (Ga. Laws 1963, p. 608), so as to change the effective date for purposes of application of certain laws; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing an effective date for the federal census as used in the statutory law of Georgia, approved April 12, 1963 (Ga. Laws 1963, p. 608), is hereby amended by striking from the end of Section 1 the following: midnight, December 31, of the year in which such census is conducted by the United States of America or any agency thereof, and inserting in lieu thereof the following: determined as follows: (1) The effective date of the census shall be midnight, December 31, of the year in which the census is conducted for the purpose of making operative and of force the following laws: (A) An Act providing minimum salaries for sheriffs, approved April 2, 1971 (Ga. Laws 1971, p. 380), as amended; (B) An Act providing minimum salaries for superior court clerks, approved March 30, 1973 (Ga. Laws 1973, p. 256), as amended; (C) An Act providing minimum salaries for tax collectors and tax commissioners, approved March 31, 1976 (Ga. Laws 1976, p. 988), as amended; and
Page 952
(D) An Act providing minimum salaries for probate judges, approved April 5, 1978 (Ga. Laws 1978, p. 1953), as amended; (2) For purposes of any program of grants of state funds to local governments, the effective date of the census shall be July 1 of the first year after the year in which the census is conducted; (3) The effective date of the

census shall be July 1 of the second year after the year in which the census is conducted for the purpose of making operative and of force all other statutory laws which do not expressly provide otherwise, so that when so amended Section 1 shall read as follows: Section 1. Whenever there is used in the statutory law of Georgia the term `Federal Census', `United States Census', `Decennial Census', or similar words referring to the official census conducted every ten (10) years by the United States of America or any agency thereof as required by Article I, Section II, Paragraph III of the Constitution of the United States, the effective date of such census for the purpose of making operative and of force any statutory law of Georgia shall be determined as follows: (1) The effective date of the census shall be midnight, December 31, of the year in which the census is conducted for the purpose of making operative and of force the following laws: (A) An Act providing minimum salaries for sheriffs, approved April 2, 1971 (Ga. Laws 1971, p. 380), as amended; (B) An Act providing minimum salaries for superior court clerks, approved March 30, 1973 (Ga. Laws 1973, p. 256), as amended; (C) An Act providing minimum salaries for tax collectors and tax commissioners, approved March 31, 1976 (Ga. Laws 1976, p. 988), as amended; and (D) An Act providing minimum salaries for probate judges, approved April 5, 1978 (Ga. Laws 1978, p. 1953), as amended;
Page 953
(2) For purposes of any program of grants of state funds to local governments, the effective date of the census shall be July 1 of the first year after the year in which the census is conducted; (3) The effective date of the census shall be July 1 of the second year after the year in which the census is conducted for the purpose of making operative and of force all other statutory laws which do not expressly provide otherwise. 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, 1981. GEORGIA CODE OF PUBLIC TRANSPORTATION AMENDED. Code Title 95A Amended. No. 629 (Senate Bill No. 202). AN ACT To amend Code Title 95A, known as the Georgia Code of Public Transportation, approved April 18, 1973 (Ga. Laws 1973, p. 947), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 1422), so as to provide that all counties in the state shall notify the Georgia Department of Transportation when a road or street is abandoned or added to the road system of the county; to provide that all municipalities in the state shall notify the Georgia Department of Transportation when a road or street is abandoned or added to the road system of the municipality; to provide an effective date; to repeal conflicting laws; and for other purposes.
Page 954
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, p. 947), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 1422), is hereby amended by adding after the first paragraph in subsection (d) of Code Section 95A-401, relating to maps of the county road system, a new paragraph to read as follows: In addition to keeping on file a map of the county road system, the county shall notify the department within three months after a county road is added to the local road or street system and the county shall notify the department within three months after a local road or street has been abandoned. This notification shall be accompanied by a map or plat depicting the location of the new or abandoned road., so that when said subsection is so amended it shall read as follows: (d) Map of county road system. A county shall keep on file in the office of the county clerk, available for public inspection, the map of the county road system prepared by the department as provided in subsection (a) of Code Section 95A-204. In addition to keeping on file a map of the county road system, the county shall notify the department within three months after a county road is added to the local road or street system and the county shall notify the department within three months after a local road or street has been abandoned. This notification shall be accompanied by a map or plat depicting the location of the new or abandoned road. Section 2. Said Code title is further amended by adding after the first paragraph in Code Section 95A502, relating to the responsibility of a municipality for its system of streets, a new paragraph to read as follows: A municipality shall notify the department within three months after a municipal street is added to the municipal street system and a municipality shall notify the department within three months after a municipal street is abandoned. This notification shall be accompanied by a map or plat depicting the location of the new or abandoned street.,
Page 955
so that when said Code section is so amended it shall read as follows: Section 95A-502. Responsibility for municipal street system and other work. A municipality shall plan, designate, improve, manage, control, construct, and maintain an adequate municipal street system and shall have control of and responsibility for all construction, maintenance, or other

work related to the municipal street system. Such work may be accomplished through the use of municipal forces, including prison labor, by contract as authorized herein, or otherwise as permitted by law. A municipality shall notify the department within three months after a municipal street is added to the municipal street system and a municipality shall notify the department within three months after a municipal street is abandoned. This notification shall be accompanied by a map or plat depicting the location of the new or abandoned street. 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 9, 1981. GEORGIA CODE OF PUBLIC TRANSPORTATION AMENDED. Code Title 95A Amended. No. 630 (Senate Bill No. 203). AN ACT To amend Code Title 95A, known as the Georgia Code of Public Transportation, approved April 18, 1973 (Ga. Laws 1973, pp. 9471191),
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as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, pp. 1422, 1433), an Act approved March 4, 1977 (Ga. Laws 1977, pp. 263, 265), so as to authorize the Department to promulgate rules and regulations governing the trimming of trees and vegetation on the state's rights-of-way; to provide for the appointment by the Commissioner of the Department of Transportation of an Outdoor Advertising Council; to provide for the duties of such council; to provide for the issuance by the Commissioner of the Department of Transportation of tree trimming permits and renewals thereof; to provide for the establishment of permit fees and annual renewals of such permits; to provide for the payment of compensation and expenses to members of such council; 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. 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, 1433), an Act approved March 4, 1977 (Ga. Laws 1977, pp. 263, 265), is hereby amended by inserting in Code Section 95A-920, relating to the authority of the department to promulgate regulations, after the comma and the word Article and before the word consistent the following: and the issuance, revocation, and renewal of permits for the trimming of trees and vegetation on the state's rights-of-way authorized by Section 95A-934.4 hereof, so that when so amended Code Section 95A-920 shall read as follows: 95A-920. Authority of Department to Promulgate Regulations. The department is hereby authorized to promulgate rules and regulations governing the issuance and revocation of permits for the erection and maintenance of outdoor advertising authorized by Sections 95A-915 and 95A-915.1 hereof and which are not prohibited by the provisions of this Article, and the issuance, revocation, and renewal of permits for the trimming of trees and vegetation on the state's rights-of-way authorized by Section 95A-934.4 hereof, consistent with the safety and welfare of the traveling public, and as may be necessary to carry out the policy of the state declared in this Article, and consistent with the purposes of the Highway Beautification Act of 1965,
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Public Law 89-285, as amended, and contained in Title 23, United States Code, `Highways'. The department is further authorized to promulgate such rules and regulations as are necessary to carry out the provisions of this Article. Section 2. Said Code Title is further amended by adding thereto a new Section 95A-934.3, which shall be inserted in its appropriate numerical order within the Georgia Code of Public Transportation and which shall read as follows: 95A934.3 Outdoor Advertising Citizens Advisory Council. The commissioner shall appoint an Outdoor Advertising Citizens Advisory Council composed of seven members. The council shall include the Chairman of the Senate Transportation Committee; the Chairman of the House Highway Committee; a member from the Georgia Conservancy; a member from the Garden Clubs of Georgia, Inc.; two members with business interest in the outdoor advertising industry; and the Director of the Operations Division of the Georgia Department of Transportation. Such Advisory Council shall aid the commissioner in formulating policies and discussing problems related to the administration of this chapter. In addition, said council shall advise the commissioner on the standards and policies to be used by the department in the following specific areas: (a) Study whether the trimming of trees and vegetation on state's rights-of-way should be permitted in front of legal and nonconforming outdoor advertising signs. (b) If the commissioner after consultation with the Advisory Council determines that such trimming should be permitted, the Advisory Council shall advise the department on the manner and standards under which such permits should be granted by the department as well as the standards for the maintenance of such trimmed areas. Provided, further, that an applicant for a tree trimming permit and the annual renewal thereof shall be made upon the 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. The applicant shall attach to the application form either a copy of the landscape plan for the area desired to be trimmed and after approval by

the department shall trim the area at its own expense
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or shall request that the department develop a landscape plan and trim the area and the applicant shall then reimburse the department for the plan and the trimming. An application fee of $25.00 shall accompany the application for each tree trimming permit and both application and the fee shall be submitted to the department. There shall be a fee of $25.00 for the annual renewal of the permit. The money received from these permit fees shall be used to help defray the expenses of administering the provisions of this subsection, any provisions of 91A-214, as amended, to the contrary notwithstanding. (c) The Advisory Council shall meet within 60 days after the effective date of this Act to elect a chairman and vicechairman and to establish the rules governing its operation. The Advisory Council shall meet at the call of the chairman and shall meet not less than semi-annually nor more than 12 times per year. Each Advisory Council member shall be compensated at a rate of $44.00 per day and shall be reimbursed for any necessary expenses. Any full-time state employee on the council shall draw no compensation but shall receive necessary expenses. The Commissioner of Transportation is authorized to pay from department funds the compensation and expenses. Section 3 . Said Code Title is further amended by adding thereto a new Section 95A-934.4, which shall be inserted in its appropriate numerical order within the Georgia Code of Public Transportation and which shall read as follows: 95A-934.4 Permits for trimming. Notwithstanding any other provisions of Code Title 95A, relating to the `Georgia Code of Public Transportation', the commissioner shall have the authority to issue permits and the annual renewal thereof for the trimming of trees and vegetation on the state's rights-of-way for the purposes of administering this chapter. 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
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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 9, 1981. ACT AUTHORIZING COUNTIES TO ESTABLISH AND OPERATE LAW LIBRARIES AMENDED AS TO CERTAIN COUNTIES (550,000 OR MORE). No. 631 (Senate Bill No. 205). AN ACT To amend an Act authorizing counties to establish and maintain law libraries, approved March 19, 1971 (Ga. Laws 1971, p. 180), as amended, particularly by an Act approved April 10, 1973 (Ga. Laws 1973, p. 430), and an Act approved March 24, 1976 (Ga. Laws 1976, p. 700), so as to provide that in certain counties all funds collected under the authority of said Act shall be paid into the general treasury of such county to be used for lawful purposes of the courts of said county; to provide that disbursements for the purposes of said Act shall be in accordance with the budget procedures established in such counties; to provide that in such counties there shall be no treasurer of the board of trustees; 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 counties to establish and maintain law libraries, approved March 19, 1971 (Ga. Laws 1971, p. 180), as amended, particularly by an Act approved April 10, 1973 (Ga. Laws 1973, p. 430),
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and an Act approved March 24, 1976 (Ga. Laws 1976, p. 700), is hereby amended by adding immediately following Section 10 a new section to be designated Section 10A to read as follows: Section 10A. Notwithstanding any other provision of this Act, in all counties of this state having a population of 550,000 or more according to the 1970 United States decennial census or any future such census, all funds collected by reason of this Act shall be paid into the general treasury of such county to be used for lawful purposes of the courts of said county, including the maintenance of a county law library, and there shall be no county law library fund. All disbursements for the purposes of this Act shall be in accordance with the budget procedures which may be established in such counties. In such counties there shall be no treasurer of the board of trustees. The County Governing Authorities of such counties shall report to the Board of Trustees, not later than January 15 of each year the amount of money collected in the preceeding calendar year by the assessment of such fees as provided in this Act. 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 April 9, 1981. THE WELFARE REORGANIZATION ACT OF 1937 AMENDEDMEMBERS OF BOARDS OF FAMILY AND CHILDREN SERVICES IN CERTAIN COUNTIES (550,000 OR MORE). No. 632 (Senate Bill No. 206). AN ACT To amend an Act known as The Welfare Reorganization Act of 1937, approved February 26, 1937 (Ga. Laws 1937, p. 355), as
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amended, particularly by an Act approved March 22, 1963 (Ga. Laws 1963, p. 222), so as to provide that the board of family and children services in certain counties shall consist of seven members; 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 Welfare Reorganization Act of 1937, approved February 26, 1937 (Ga. Laws 1937, p. 355), as amended, particularly by an Act approved March 22, 1963 (Ga. Laws 1963, p. 222), is hereby amended by adding at the end of Section 10 of said Act a new paragraph to read as follows: In addition to the five members otherwise provided for in this section, the board of family and children services in any county of this state having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census shall include an additional two members who shall be subject to the provisions of this section in the same manner as the five members otherwise provided for in this section. Each member provided for in this paragraph shall be appointed for a term of five years and until the appointment and qualification of the member's successor, except that in the initial appointment of such two additional members, one member shall be appointed for a four-year term; and one member for a five-year term and such members shall serve until the appointment and qualification of a successor. 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 April 9, 1981.
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GEORGIA MEDICAL ASSISTANCE ACT OF 1977 AMENDEDCRIMES. No. 633 (Senate Bill No. 220). AN ACT To amend an Act known as the Georgia Medical Assistance Act of 1977, approved March 16, 1977 (Ga. Laws 1977, p. 384), so as to provide that it is unlawful to obtain or attempt to obtain medical assistance and other benefits and payments under certain circumstances; to provide that it is unlawful for a provider to accept certain payments to which he is not entitled; to provide civil and criminal penalties; to provide procedures; to provide for appeals; to provide for all other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Medical Assistance Act of 1977, approved March 16, 1977 (Ga. Laws 1977, p. 384), is hereby amended by adding a new Section after Section 8 thereof, to be designated Section 8B, to read as follows: 8B. Unlawful to obtain benefits and payments under certain circumstances; penalties; procedures.(a) As used in this Section, `person' means any person, firm, corporation, partnership or other entity. (b) It is unlawful for any: (1) Person to obtain, or attempt to obtain, for himself or any other person any medical assistance or other benefits or payments under this Act to which the person is not entitled, or in an amount greater than that to which the person is entitled, when the assistance, benefit, or payment is obtained, or attempted to be obtained, by: (A) Knowingly and wilfully making a false statement or false representation; or (B) Deliberate concealment of any material fact; or (C) Any fraudulent scheme or device.
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(2) Provider to knowingly and wilfully accept medical assistance payments to which he is not entitled, or in an amount greater than that to which he is entitled, or to knowingly and wilfully falsify any report or document required under this Act. (c) Any person violating a provision of subsection (b) is guilty of a felony and, upon conviction of the violation, shall be punished for each offense by a fine of not more than $10,000.00, or by imprisonment for not less than one year, nor more than ten years, or by both such a fine and such imprisonment. (d) In addition to any other penalties provided by law, each person violating a provision of subsection (b) shall be liable to a civil penalty equal to the greater of (1) three times the amount of any such excess benefit or payment or (2) $1,000 for each excessive claim for assistance, benefit, or payment. Additionally, interest on the penalty shall be paid at the rate of 12% per annum from the date of payment of any such excessive amount, or from the date of receipt of any claim for an excessive amount when no payment has been made, until the date of payment of such penalty to the Department. (e) (1) Whenever the Commissioner proposes to recover an amount provided for in subsection (d) of this Section, he shall give 30 days' written notice of his intended

actions. The notice shall inform the person in violation of a provision of subsection (b) of his right to a hearing, the method by which he may obtain a hearing, and that he may be represented by an authorized representative, such as legal counsel, relative, friend, or other spokesman, or that he may represent himself. (2) All hearings held by virtue of this subsection shall be conducted in the same manner as any other contested case within the Department, and subject to the rules and regulations regarding hearings within the Department. As in all contested cases within the Department, the person against whom the Commissioner is proceeding under this subsection shall have the right to appeal any adverse administrative decision to the superior court of the county of his residence or the Superior Court of Fulton County, once he exhausts all administrative remedies within the Department.
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(3) If the person against whom the Commissioner is proceeding under this subsection fails to request a hearing or fails to exhaust all administrative remedies within the Department, then his case shall be treated as an unappealed administrative decision. In any unappealed administrative decision where the aggrieved party fails to request a hearing or fails to exhaust all administrative remedies, the Commissioner shall issue an order to the person against whom the Commissioner is proceeding, directing payment of any amount found to be due pursuant to subsection (d) within 10 days after service of the order. Upon failure to comply with the Commissioner's order, the Commissioner may issue a certificate to the clerk of the superior court of the county of residence of the person who is the subject of the order. A copy of such certificate shall be served upon the person against whom the order was entered. Thereupon, the clerk shall immediately enter upon his record of docketed judgments the name of the person so indebted, and of the State, a designation of the statute under which such amount is found to be due, the amount due, and the date of the certification. Such entry shall have the same force and effect as the entry of a docketed judgment in the superior court. Such entry on the docket by the Commissioner shall be without prejudice to the right of the aggrieved party to contest such entry by affidavit of illegality or otherwise provided by 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 April 9, 1981.
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BUSINESS DEVELOPMENT CORPORATIONSLOANS, MEETINGS, ETC. Code Chapter 41A-34 Amended. No. 634 (Senate Bill No. 222). AN ACT To amend Code Chapter 41A-34, relating to business development corporations, approved March 25, 1974 (Ga. Laws 1974, p. 705), as amended by an Act approved April 17, 1975 (Ga. Laws 1975, p. 445), so as to provide that members may voluntarily make loans to a business development corporation that are not subject to the restrictions specified for loans which they are obligated to make and to modify certain of such restrictions; to clarify that a business development corporation may borrow money from any lending institution and from any agency established under the Small Business Investment Act of 1958 without shareholder or member approval; to provide that a business development corporation can adopt bylaws for internal governance; to clarify that a business development corporation may redeem its own shares or other securities; to clarify the limitations on the liability of a member or shareholder of a business development corporation for debts of the corporation; to change the date by which the annual meeting of a business development corporation is required to be held; to correct typographical errors; 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 41A-34, relating to business development corporations, approved March 25, 1974 (Ga. Laws 1974, p. 705), as amended by an Act approved April 17, 1975 (Ga. Laws 1975, p. 445), is hereby amended by striking subsections (c) and (e) of Code Section 41A-3401, relating to definitions, in their entirety and inserting in lieu thereof new subsections (c) and (e) and a new subsection (f) to read as follows: (c) `Member' means any lending institution authorized to do business in this State which shall undertake to make member loans to a corporation created under this Chapter, upon its call, and in accordance with the provisions of this Chapter.
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(e) `Loan limit' means, for any member, the maximum amount permitted to be outstanding at any one time on member loans made by such member to the corporation, as determined under the provisions of this Chapter. (f) `Member loan' means a loan made by a member upon the call of the corporation pursuant to Code Section 41A-3408. Section 2. Said Code Chapter is further amended by striking paragraph (6) of subsection (a) of Code Section 41A-3402, relating to articles, in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows: (6) the amount and number of authorized shares, the par value of each share and the minimum amount of capital with which it shall do business and, if

there is more than one class of stock, a description of the different classes, the names and post office addresses of the subscribers of stock and the number of shares subscribed by each. The aggregate of the subscription shall be the minimum amount of capital with which the corporation shall commence business, which shall not be less than $100,000.00. The articles may also contain any provisions consistent with the laws of this State for the regulation of the affairs of the corporation. Section 3. Said Code Chapter is further amended by striking Code Section 41A-3406, relating to powers, in its entirety and inserting in lieu thereof a new Code Section 41A-3406 to read as follows: 41A-3406. Powers. In furtherance of its purposes and in addition to the powers now or hereafter conferred on business corporations by the laws of this State, the corporation shall, subject to the restrictions and limitations herein contained, have the following powers: (a) to elect, appoint and employ officers, agents and employees; to make contracts and incur liabilities for any of the purposes of the corporation; provided, that the corporation shall not incur any secondary liability by way of the guaranty or endorsement of the obligations of any person or corporation or in any other manner; (b) to borrow money and to do all things necessary or desirable to secure aid, assistance, loans and other financing from its members (whether as member loans or otherwise), from any lending institution, from any agency established under the Small Business Investment
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Act of 1958, as amended, or other similar federal or State legislation, now or hereafter enacted, for any of the purposes of the corporation; to issue therefor its bonds, debentures, notes or other evidences of indebtedness, whether secured or unsecured, and to secure the same by mortgage, pledge, deed of trust or other lien on its property, franchise, rights and privileges of every kind and nature or any part thereof or interest therein, without securing shareholder or member approval; to redeem or otherwise reacquire its shares in the circumstances and subject to the restrictions now or hereafter set forth for business corporations by the laws of this State. (c) to make loans to any person or corporation, and to establish and regulate the terms and conditions with respect to any such loans and the charges for interest and services connected therewith; provided, however, that the corporation shall not approve any application for a loan unless and until the person applying for said loan shall show that he has applied for the loan through ordinary banking channels and that the loan has been refused by at least two banks or other financial institutions that would be qualified by law to make such a loan, it not being the intention hereof to take from any financial institution any such loans or commitments as may be desired by such organizations generally in the ordinary course of their business; (d) to purchase, receive, hold, lease, or otherwise acquire, and to sell, convey, transfer, lease, or otherwise dispose of real and personal property, together with such rights and privileges as may be incidental and appurtenant thereto and the use thereof, including, but not restricted to, any real or personal property acquired by the corporation from time to time in the satisfaction of debts or enforcement of obligations; (e) to acquire the good will, business rights, real and personal property and other assets, or any part thereof, or interest therein, of any persons or corporations, and to assume, undertake, or pay the obligations, debts, and liabilities of any such person or corporation, to acquire improved or unimproved real estate for the purpose of constructing industrial plants or other business establishments thereon or for the purposes of disposing of such real estate to others for the construction of industrial plants or other business establishments; and to acquire, construct or reconstruct, alter, repair, maintain, operate, sell, convey, transfer, lease, or otherwise dispose of industrial plants or business establishments;
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(f) to acquire, subscribe for, own, sell, hold, assign, transfer, mortgage, pledge or otherwise dispose of the stock, shares, bonds, debentures, notes or other securities and evidences of interest in, or indebtedness of any person or corporation, and, while the owner or holder thereof, to exercise all the rights, powers, and privileges of ownership, including the right to vote thereon; (g) to mortgage, pledge, or otherwise encumber any property, right or thing of value, acquired pursuant to the powers contained in subsections (d), (e) or (f) as security for the payment of any part of the purchase price therefor; (h) to cooperate with and avail itself of the facilities of the United States Department of Commerce, the Georgia Department of Community Development, and any other similar state or federal governmental agencies; and to cooperate with and assist, and otherwise encourage organizations in the various communities of this State in the promotion, assistance and development of the business prosperity and economic well-being of such communities or of this State or any political subdivision thereof; (i) to make, amend and repeal bylaws, not inconsistent with its articles of incorporation or with the laws of this State, for the administration and regulation of the affairs of the corporation, which bylaws may establish internal governance procedures and standards including but not limited to procedures for voting by proxy at, and for giving notice of, meetings of directors and of shareholders and members, procedures and standards for the payment of dividends, and the delegation by the board of directors of its authority under the articles and this Chapter to one or more committees of the board or to officers of the corporation, and which bylaws may give the board of directors or committees thereof the power to pass resolutions necessary or convenient to carry out the purposes of the

corporation; and (j) to do all things necessary or convenient to carry out the powers expressly granted in this Chapter. Section 4. Said Code Chapter is further amended by striking Code Section 41A-3408, relating to membership and loans by members, in its entirety and inserting in lieu thereof a new Code Section 41A-3408 to read as follows:
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41A-3408. Membership; Loans by Members. (a) Any lending institution may request membership in the corporation by making application to the board of directors on such form and in such manner as said board of directors may require; and membership shall become effective upon acceptance of such application by said board. (b) Each member of the corporation shall make member loans to the corporation when called upon by it to do so on such terms and other conditions as shall be approved from time to time by the board of directors, subject to the following conditions: (1) all loan limits for member loans may, at the option of the board of directors, be established at the $1,000 amount nearest the amount computed in accordance with provisions of this Section; and (2) no member loan to the corporation shall be made if immediately thereafter the total amount of the obligations (whether under member loans or otherwise) of the corporation would exceed fifty times the amount then paid in on the capital of the corporation. (c) The total amount outstanding on member loans to the corporation made by any member at any one time, when added to the amount of the investment in the capital of the corporation then held by such member, shall not exceed the lesser of: (1) twenty percent of the aggregate of the capital of the corporation then outstanding plus the total amount then outstanding on all member loans to the corporation, including, in said total amount, outstanding amounts validly called as member loans but not yet loaned; (2) the following limit, to be determined each calendar year of membership on the basis of the audited balance sheet of such member at the close of its fiscal year immediately preceding; or, in the case of an insurance company, its last annual statement to the State Insurance Commissioner: (i) five percent of the statutory capital base of a bank or trust company;
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(ii) one-half of one percent of the total outstanding loans made by building and loan or savings and loan associations; (iii) two and one-half percent of the capital and unassigned surplus of stock insurance companies, except fire insurance companies; (iv) two and one-half percent of the unassigned surplus of mutual insurance companies, except fire insurance companies; (v) one-tenth of one percent of the assets of fire insurance companies; and (vi) such limits as may be approved by the board of directors of the corporation for other lending institutions; or (3) $750,000. (d) Subject to paragraphs (1) and (3) of subsection (c) of this Section, each call for member loans made by the corporation shall be prorated among the members of the corporation in substantially the same proportion that the adjusted loan limit of each member bears to the aggregate of the adjusted loan limits of all members. The adjusted loan limit of a member shall be the amount of such member's loan limit as determined by reference to paragraph (2) of subsection (c) of this Section, reduced by the balance of outstanding member loans made by such member to the corporation and the investment in capital of the corporation held by such member at the time of such call. (e) All member loans to the corporation shall be evidenced by bonds, debentures, notes or other evidences of indebtedness of the corporation, which shall be freely transferable at all times and which shall bear interest at a rate of interest determined by the board of directors to be the prime rate prevailing at the date of issuance thereof on unsecured commercial loans plus one-quarter of one percent. Section 5. Said Code Chapter is further amended by striking Code Section 41A-3410, relating to powers of shareholders and members, in its entirety and inserting in lieu thereof a new Code Section 41A-3410 to read as follows:
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41A-3410. Powers and Rights of Shareholders and Members. (a) The shareholders and the members of the corporation shall have the following powers of the corporation: (1) to determine the number of and elect directors as provided in Section 41A-3412; (2) to amend its charter as provided in Section 41A-3411; (3) to dissolve the corporation as provided in Section 41A-3417; and (4) to exercise such other of the powers of the corporation consistent with this Chapter as may be conferred on the shareholders and the members by the bylaws. (b) As to all matters requiring action by the shareholders and the members of the corporation, said shareholders and said members shall vote separately thereon by classes and, except as otherwise herein provided, such matters shall require the affirmative vote of a majority of the votes to which the shareholders present or represented at the meeting shall be entitled and the affirmative vote of a majority of the votes to which the members present or represented at the meeting shall be entitled. (c) Each shareholder shall have one vote, in person or by proxy, for each share of stock held by him, and each member shall have one vote, in person or by proxy, except that any member having a loan limit of more than $1,000 shall have one additional vote, in

person or by proxy, for each additional $1,000 which such member is authorized to have outstanding on loans to the corporation at any one time, as determined under Section 41A-3407(c). (d) A holder of or subscriber to shares of the corporation or a member of the corporation shall be under no obligation to the corporation or its creditors with respect to such shares, subscriptions or membership except in the circumstances set forth in Section 22-601 of the Georgia Corporation Code as in effect on January 1, 1979, except that this subsection does not affect the obligation of a member to loan funds to the corporation pursuant to valid call. Section 6. Said Code Chapter is further amended by striking Code Section 41A-3412, relating to board of directors, officers and
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agents, in its entirety and inserting in lieu thereof a new Code Section 41A-3412 to read as follows: 41A-3412. Board of Directors, Officers and Agents. The business affairs of the corporation shall be managed and controlled by a board of directors, a president, a vice president, a secretary, a treasurer and such other officers and such agents as the corporation shall authorize by its bylaws. The board of directors shall consist of such number not less than fifteen nor more than twenty-one as shall be determined in the first instance by the incorporators and thereafter annually by the members and the shareholders of the corporation. The board of directors may exercise all the powers of the corporation except such as are conferred by law or by the bylaws of the corporation upon the shareholders or members and shall choose and appoint all the agents and officers of the corporation and fill all vacancies except vacancies in the office of director, which shall be filled as hereinafter provided. The annual meeting shall be held prior to May 1 or, if no annual meeting shall be held in the year of incorporation, then within ninety days after the approval of the articles at a special meeting as hereinafter provided. At such annual meeting or at each special meeting held as provided in this Section, the members of the corporation shall elect two-thirds of the board of directors, and the shareholders shall elect the remaining directors. The directors shall hold office until the next annual meeting of the corporation or special meeting held in lieu of the annual meeting after the election and until their successors are elected and qualified, unless sooner removed in accordance with provisions of the bylaws. Any vacancy in the office of a director elected by the members shall be filled by the directors elected by the members, and any vacancy in the office of a director elected by the shareholders shall be filled by the directors elected by the shareholders. Directors and officers shall not be responsible for losses unless the same shall have been occasioned by the willful misconduct of such directors and officers. Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
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Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. SCRAP METAL PROCESSORSRECORDS, ETC. No. 635 (Senate Bill No. 223). AN ACT To require that scrap metal processors maintain records of certain business transactions; to provide definitions of certain terms; to specify the content and form of such records; to provide for a minimum period of time to maintain such records; to provide for the inspection of said records by duly authorized law enforcement officers; to provide that scrap metal processors shall comply with other provisions of law regarding certificates of title and vehicle license plates; to provide for punishment for failure to comply with this Act; to provide that local laws are not superseded; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Definitions. The following words and terms shall have the meaning indicated unless the context clearly indicates a different meaning: (1) Scrap metal processor means any person, firm, or corporation engaged in the business of buying scrap vehicles, automotive parts, or other metallic waste by weight to process such material into scrap meta for remelting purposes, who utilizes machinery and equipment for processing ferrous and nonferrous metallic scrap into prepared grades, and whose principal product is metallic scrap.
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(2) Scrap vehicle means any vehicle which has been crushed or flattened by mechanical means or which has been otherwise damaged to the extent that it cannot economically be repaired or made roadworthy. (3) Licensed seller means any person, firm, or corporation licensed by a state board of registration in this state for salvage dealers, dismantlers, or rebuilders, which may now or hereafter be created. Section 2. Permanent records required; content. Every scrap metal processor shall maintain records which shall contain in legible English the following information: (1) For all purchases of vehicles or scrap vehicles from licensed sellers: (A) the date of purchase; (B) the name of the seller; (C) a general description of the purchase; (D) the number of scrap vehicles purchased; (E) the vehicle identification number of vehicles which are not scrap vehicles, if available; if not available, a notation of the make and year of such vehicles; and (F) the amount paid for the purchase. (2) For all purchases of vehicles or scrap vehicles from nonresident sellers or

sellers who are not licensed: (A) the date of purchase; (B) the name and address of the seller; (C) the name and motor vehicle operator's license number of the driver delivering the material; (D) a general description of the purchase;
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(E) the number of scrap vehicles purchased; (F) the vehicle identification number, if available, of vehicles purchased which are not scrap vehicles or, if not available, a notation of the make and year of such vehicles; and (G) the amount paid for the purchase. Section 3. Records open for inspection. The records shall be open to the inspection of any duly authorized law enforcement officer during the ordinary hours of business. Section 4. Compliance with other provisions of law regarding titles and tag registrations. Should a scrap metal processor be presented the certificate of title or vehicle license plate for any vehicle or scrap vehicle purchased, said scrap metal processor shall mail or deliver the same to the Georgia Department of Revenue as required by law. Section 5. Penalties. Any scrap metal processor or his agent who shall: (1) fail to make an entry of any material matter in his records; or (2) make any false entry therein; or (3) falsify, obliterate, destroy, or remove from his place of business such records; or (4) refuse to allow any duly authorized law enforcement officer to inspect such records, or any vehicles or scrap vehicles in his possession, during the ordinary hours of business; or (5) fail to maintain the records required by Section 2 of this Act for at least two years shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $1,000.00. Section 6. Records maintained for two years. The records required by Section 2 of this Act shall be maintained for a period of not less than two years.
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Section 7. Local laws not superseded. Nothing herein shall supersede existing local laws nor relieve a scrap metal processor from the necessity of complying with them. The requirements of local laws shall be construed as cumulative to the provisions of this Act. Section 8. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. GEORGIA PROFESSIONAL CORPORATION ACT AMENDED. No. 636 (Senate Bill No. 225). AN ACT To amend the Georgia Professional Corporation Act, approved March 11, 1970 (Ga. Laws 1970, p. 243), so as to include by its terms the professions of registered professional nursing and harbor piloting among those covered thereby; 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 Professional Corporation Act, approved March 11, 1970 (Ga. Laws 1970, p. 243), is hereby amended by striking the language or veterinary medicine from subsection (a) of Section 2 and substituting in its place the following: veterinary medicine, registered professional nursing, or harbor piloting, so that when so amended said subsection (a) of Section 2 shall read as follows:
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(a) `Profession' means the profession of certified public accountancy, architecture, chiropractic, dentistry, professional engineering, land surveying, law, applied psychology, medicine and surgery, optometry, osteopathy, podiatry, veterinary medicine, registered professional nursing, or harbor piloting. 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, 1981. DISPOSITION OF UNCLAIMED PROPERTY ACT AMENDED. No. 637 (Senate Bill No. 229). AN ACT To amend an Act known as the Disposition of Unclaimed Property Act, approved April 3, 1972 (Ga. Laws 1972, p. 762), as amended, so as to require every banking or financial organization to report and deliver unclaimed property to the state revenue commissioner; to provide for the filing of initial reports; to provide that no banking or financial organization shall deduct an account maintenance charge or otherwise impose an account maintenance charge in excess of a certain amount each month on any account on which there has been no deposit or withdrawal for 12 or more months; 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 Disposition of Unclaimed Property Act, approved April 3, 1972 (Ga. Laws 1972, p. 762), as
Page 978
amended, is hereby amended by striking Section 13 in its entirety and inserting in lieu thereof a new Section 13 to read as follows: Section 13. Report of abandoned property held by banking or financial organizations. (a) Every person holding funds or other property, tangible or intangible, presumed abandoned under Section 3 of this Act and every banking or

financial organization holding funds or other property, tangible or intangible, presumed abandoned under Section 8 shall report to the state revenue commissioner with respect to the property as hereinafter provided. (b) The report shall be verified and shall include: (1) The name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of any property of the value of $25.00 or more presumed abandoned under Section 3 or Section 8 of this Act; (2) The date when the property became payable, demandable, or returnable, and the date of the last transaction with the owner with respect to the property; and (3) Other information which the state revenue commissioner prescribes by rule as necessary for the administration of this section. (c) If the person holding property presumed abandoned is a successor to other persons who previously held the property for the owner or if the holder has changed his name while holding the property, he shall file with his report all prior known names and addresses of each holder of the property. (d) The report shall be filed before November 1 of each year as of June 30 next preceding. The state revenue commissioner may postpone the reporting date upon written request by any person required to file a report. (e) If the holder of property presumed abandoned under this section knows the whereabouts of the owner and if the owner's claim has not been barred by the statute of limitations, the holder shall, before filing the annual report, communicate with the owner and take necessary steps to prevent abandonment from being presumed. The holder shall exercise due diligence to ascertain the whereabouts of the owner.
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(f) Verification shall be executed by an officer of the banking or financial organization. (g) The initial report filed under this section shall be filed by November 1, 1981. (h) No banking or financial organization shall deduct a service charge from any account on which there has been no deposit or withdrawal for 12 or more months or otherwise impose a service charge on any such account. A service charge may be imposed for 12 months immediately following a deposit to or withdrawal from any such account. Section 2. Said Act is further amended by striking subsections (a) and (d) of Section 14 in their entirety and inserting in lieu thereof new subsections (a) and (d) of Section 14 to read as follows: (a) Within 120 days from the filing of the report required by Section 12 or Section 13, the state revenue commissioner shall cause notice to be published at least once each week for two successive weeks in an English language newspaper of general circulation in the county in this state in which is located the last known address of any person to be named in the notice. If no address is listed or if the address is outside this state, the notice shall be published in the county in which the holder of the abandoned property has his principal place of business within this state. (d) Within 120 days from the receipt of the report required by Section 12 or Section 13, the state revenue commissioner shall mail a notice to each person having an address listed therein who appears to be entitled to property of the value of $25.00 or more presumed abandoned under this Act. Section 3. 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. Payment or delivery of abandoned property. Every person who has filed a report as provided by Section 12 or Section 13 shall, within 20 days after the time specified in Section 14 for claiming the property from the holder, pay or deliver to the state revenue commissioner all abandoned property specified in the report, except that, if the owner establishes his right to receive the abandoned
Page 980
property to the satisfaction of the holder within the time specified in Section 14 or if it appears that for some other reason the presumption of abandonment is erroneous, the holder need not pay or deliver the property, which will no longer be presumed abandoned, to the state revenue commissioner, but in lieu thereof shall file a verified written explanation of the proof of claim or of the error in the presumption of abandonment. 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, 1981. STATE PARKS AND RECREATIONAL AREASCONCESSIONS. No. 638 (Senate Bill No. 234). AN ACT To amend an Act relating to the state parks and recreational areas, approved March 5, 1937 (Ga. Laws 1937, p. 264), as amended, so as to revise the provisions governing the construction and operation of public service privileges and conveniences; to delete provisions establishing local and regional councils and to provide for the granting of concessions for the operation of public service privileges, conveniences, and facilities by private operators; to provide for severability; to provide an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the state parks and recreational areas, approved March 5, 1937 (Ga. Laws 1937, p. 264), as amended, is
Page 981

hereby amended by striking paragraph (g) of subsection 4 of Section 9 which reads as follows: (g) To construct and operate suitable public service privileges and conveniences in any park or other property under its control, and for the use of same may make reasonable charges; and in its discretion may grant concessions to any responsible person, firm, association or corporation for such periods, in no event longer than five years, and upon such conditions as it may deem advisable. All moneys received from the operation of the State Park system shall be paid into the State Treasury, and shall be set up as a rotary fund for maintenance and acquisition of lands. Such expenditures shall be subject to the same approvals as pertain to regularly appropriated funds., in its entirety and substituting in lieu thereof a new paragraph (g) to read as follows: (g) To enter into contracts and agreements for the construction, renovation, and repair of any improvements on any park or other property under its control for the purpose of providing suitable public service privileges, conveniences and facilities and for improvements necessary for the operation and maintenance of such property; provided, however, that all such contracts shall be conducted and negotiated by the Department of Administrative Services in accordance with the provisions of Section 13A of the Code of 1933, as amended. Section 2. Said Act is further amended by striking paragraph (i) of subsection 4 of Section 9 which reads as follows: (i) To appoint at the discretion of the Commissioner, local and regional councils to consider, study, and advise in the work of the division for the extension, development, use and maintenance of any area or property for which appointed. The Commissioner of Natural Resources and the State Director of Parks shall be ex-officio members of all councils so appointed., in its entirety and substituting in lieu thereof a new paragraph (i) to read as follows: (i) To grant concessions for the operation of public service privileges, conveniences and facilities when the Department determines in its discretion that such private concessions are in the best
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interest of the general public and the Department. Such concessions may be granted to any responsible person, partnership, firm, association or corporation for a period not to exceed five years, and upon such terms as the Department may deem advisable and consistent with other State laws. Section 3. Said Act is further amended by redesignating paragraph (n) of subsection 4 of Section 9 as paragraph (m). 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. An Act entitled: An Act to amend Section 43-138 of the Code of Georgia of 1933, relating to the powers and duties of the Division of State Parks, Historic Sites and Monuments to provide that said division may enter into contracts, agreements and leases with the State Park Authority for the purpose of assuring the continued operation, maintenance and preservation of any project or projects undertaken by the State Park Authority and for other purposes, approved February 21, 1951 (Ga. Laws 1951, p. 788) is hereby repealed in its entirety. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981.
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STATE EMPLOYEES' HEALTH INSURANCE PLAN AMENDED. No. 639 (Senate Bill No. 237). 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, particularly by an Act approved February 4, 1980 (Ga. Laws 1980, p. 9) and an Act approved March 3, 1980 (Ga. Laws 1980, p. 94), so as to provide for continuation of health insurance coverage of certain annuitants; to provide for certain editorial changes; to change the provisions relative to continuation of coverage by former employees; 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, particularly by an Act approved February 4, 1980 (Ga. Laws 1980, p. 9) and an Act approved March 3, 1980 (Ga. Laws 1980, p. 94), is hereby amended by striking subsection (c) of Section 8A in its entirety and inserting in lieu thereof 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 pursuant to the provisions of 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, or 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
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regulations 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. Said Act is further amended by striking Section 8B in its entirety and substituting in lieu thereof a new Section 8B to read as follows: Section 8B. Any other provision of this Act to the contrary notwithstanding, on and after July 1, 1978, any employee who resigns from employment or who fails to be reelected or who does not seek reelection to office and who at the time he leaves office or employment has completed eight or more years of service as an employee, as defined in this Act, shall be entitled to continue full coverage and participation, including coverage for his spouse and dependent children, in the health insurance plan by the payment of an annual premium to be fixed by the Board; and, in addition thereto, any member of the General Assembly who ceases to hold office as such at any time after July 1, 1981, and who was eligible to retire at the time of leaving office, except for the attainment of retirement age, pursuant to a public retirement system created by law to which the General Assembly appropriates funds, and who does not withdraw employee contributions from such public retirement system, shall be entitled to continue full coverage and participation, including coverage for the spouse and dependent children of such person, in the health insurance plan by continuing to pay to the Board the monthly premium which is paid by an active state employee. The annual premium provided for herein must be paid within 30 days following receipt of a notice of premium to be sent to such person by the Board. If such annual premium is not paid within such time limit such insurance coverage shall be canceled and such person shall not again be eligible to participate in such plan. The provisions of this Section shall not affect the rights otherwise available under this Act of retired employees and their spouses and dependents. The Board is hereby authorized to establish terms and conditions for participation as the Board shall deem appropriate and which are not in conflict with the provisions of this Section. Section 3. Said Act is further amended by redesignating subsection (c) of Section 8A of the amendatory Act, approved March 3, 1980 (Ga. Laws 1980, p. 94), as subsection (d).
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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 April 9, 1981. HEALTHCONFIDENTIALITY OF HOSPITALIZATION. Code Section 88-502.12 Amended. No. 641 (Senate Bill No. 252). AN ACT To amend Code Section 88-502.12, relating to confidentiality in hospitalization and treatment procedures for the mentally ill, as amended, so as to provide for notice to sheriffs of the discharge of certain patients; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 88-502.12, relating to confidentiality in hospitalization and treatment procedures for the mentally ill, as amended, is hereby amended by adding at the end thereof a new subsection (d) to read as follows: (d) When a sheriff transports an adult involuntary patient to a facility, that sheriff may request in writing that a notice of such patient's discharge be given to the sheriff; and such notice shall be provided if such patient or the patient's guardian consents in writing to the disclosure or if, in its discretion, the court ordering the involuntary treatment provides for such notice in the order issued pursuant to subsection (d) of Code Section 88-506.2.
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. GEORGIA MILITARY FORCES REORGANIZATION ACT OF 1955 AMENDEDSTATE FLAGS. No. 642 (Senate Bill No. 305). AN ACT To amend the Georgia Military Forces Reorganization Act of 1955, approved February 2, 1955 (Ga. Laws 1955, p. 10), as amended, so as to authorize the Secretary of State to furnish state flags, without cost, to the various superior and state courts throughout the state; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Military Forces Reorganization Act of 1955, approved February 2, 1955 (Ga. Laws 1955, p. 10), as amended, is hereby amended by striking Section 91 (a) in its entirety and inserting in lieu thereof a new Section 91 (a) to read as follows: Section 91 (a). Designation of custodian and distribution of State flags. The Secretary of State is hereby designated as the custodian of the State flag. From funds made available for such purpose, the Secretary of State shall procure suitable State flags and he shall be authorized to furnish,

without cost, to the various public schools of this State, to the superior and state courts, and to other departments and agencies of the state, counties or municipal authorities, such flags for their use in displaying same. From such funds, he is authorized also to procure such flags, and facsimiles thereof, as may cause such flag to be sufficiently and properly made known and displayed.
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. GEORGIA BOAT SAFETY ACT AMENDEDBONDS FOR REGATTAS, ETC. No. 643 (Senate Bill No. 307). 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 for the bonding of regattas, boat races, marine parades, tournaments, or exhibitions; to authorize the expending by the Department of forfeited bond; to authorize the Board to adopt regulations relating to indemnity and forfeiture bonds; to provide for a permit denial; to provide authority for law enforcement; to provide for severability; to provide an effective date; to repeal a specific Act; 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 hereby amended by adding to the end of Section 6 new subsections (c), (d) and (e) to read as follows: (c) Bonds. (1) Any person sponsoring an event requiring a permit under this Act and which is anticipated to attract 10,000 or more participants shall provide to the Department an indemnity bond issued by a surety company authorized to transact business in this State, in the amount of $50,000 or such lesser amount as determined appropriate by the Commissioner in his discretion under
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criteria set forth in regulations adopted by the Board. Such bond shall be payable to the Department and conditioned upon the faithful performance of the requirements set forth in this Act, the regulations promulgated pursuant thereto and the conditions of the permit issued thereunder. (2) Upon the failure or refusal of the sponsor to comply with any requirement of this Act, the regulations promulgated pursuant thereto, or the conditions of a permit issued thereunder, which failure results in damage to the Department or to the State of Georgia, the Commissioner may make demand upon the sponsor and the surety for such portion of the face amount of the bond as he determines is necessary to compensate the Department or the State for all damages suffered. Upon refusal or failure of the sponsor or surety to pay over the said sum, he shall initiate an action at law to recover the said sum. (3) Upon recovery of such sum, the Department is authorized to reimburse itself for any expenses incurred in connection with the clean-up and minimization of damage to natural resources, or to expend such sum to clean up and minimize the said damage, or both. (4) Any person sponsoring an event requiring a permit under this Act and which is anticipated to attract 10,000 or more participants and spectators shall also provide a forfeiture bond, issued by a surety company authorized to transact business in this State, in the amount of $50,000 or such lesser amount as determined appropriate by the Commissioner in his discretion under criteria set forth in regulations by the Board. Such bond shall be payable to the Department and conditioned upon the faithful performance of the requirements set forth in this Act, the regulations promulgated pursuant thereto and the conditions of the permit issued thereunder. (5) Upon the failure or refusal of the sponsor to comply with any requirement of this Act, the regulations promulgated pursuant thereto, or the conditions of a permit issued thereunder, the Commissioner may make demand upon the sponsor and the surety for the face amount of the bond; provided, however, that the Commissioner may, in his discretion and in accordance with regulations adopted by the Board, make demand for an amount less than the said face amount. In exercising such discretion, he
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may consider the seriousness and degree of the noncompliance. Upon refusal or failure of the sponsor or surety to pay over the said sum, he shall initiate an action at law to recover the said sum. (6) Upon recovery of such sum, it shall be paid into the treasury of the State of Georgia. (d) Denial of permits. The Commissioner may, in the exercise of his discretion, deny an application for a permit for a proposed marine event when, having considered the number of participants and spectators likely to be attracted to the event, the nature and purpose of the event, and the area in which it would be held, he determines: (1) That the ability of the sponsor to enlist a sufficient number of authorized peace officers to enforce, during the course of the marine event, the applicable State Laws and the conditions of the marine event permit issued therefor and to control properly the number of participants is inadequate under the circumstances; or (2) That the conduct of the proposed event will subject the waters upon which the event will be held or the adjoining upland resource to such extraordinary stress from pollution or damage due to overuse or create such extraordinary hazards

to the safety or lives of participants or spectators that such pollution or damage or such safety hazards cannot be successfully prevented or mitigated by permit conditions; or (3) That the financial and manpower costs incurred by public agencies in the regulation of a marine event are greater than the recreational benefits likely to accrue to the general public from the conduct of the proposed event. (e) Authority of peace officers. Any peace officer, including law enforcement personnel of the Department assigned to duty assisting in the supervision of any event permitted under this Act, may enforce any of the criminal laws of this State, in connection with such assignment. Section 2. Said Act is further amended by adding, immediately preceding the period appearing at the end of Section 21 the following:
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including, but not limited to, regulations setting forth the criteria for determining when an indemnity bond shall be required and the appropriate amount thereof, and when a forfeiture bond shall be required, the appropriate amount thereof, and the conditions for default thereunder. In adopting the indemnity bond regulations, the Board shall include, without limitation, criteria relating to the expense of restoring the water body and its surrounding area to the state of cleanliness existing before the event. In adopting the forfeiture bond regulations, the Board shall include, without limitation, criteria relating to the magnitude of the event, the water body and surrounding area upon which it will be held, and the potential public safety hazard inherent in the event. The Board may, by regulation, establish bond forfeiture conditions for categories of noncompliance, including, but not limited to, failure or refusal to comply with requirements to provide facilities for the convenience of participants and spectators, requirements relating to public safety, and requirements relating to damage to the water body and surrounding area upon which the event was held. 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. An Act known as the Water Recreation Act of 1973, approved April 19, 1973 (Ga. Laws 1973, p. 1449) is hereby repealed, but in no case shall any prior Acts previously repealed be hereby reestablished, revived or otherwise reenacted.
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Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. GEORGIA INSURANCE CODE AMENDEDOUT-PATIENT SERVICES UNDER ACCIDENT AND SICKNESS POLICIES. Code Title 56 Amended. No. 644 (Senate Bill No. 319). AN ACT To amend Code Title 56, known as the Georgia Insurance Code, as amended, so as to provide optional coverage for certain medical or surgical procedures performed on an out-patient basis; to provide for clarification; 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 56, known as the Georgia Insurance Code, as amended, is hereby amended by adding at the end of Code Chapter 56-24 a new Code Section 56-2447 to read as follows: 56-2447. Accident and sickness insurance policies; out-patient surgery; emergency medical or surgical procedures. (a) Optional coverages. Every insurer authorized to issue accident and sickness benefit plans, policies, or contracts shall be required to make available as an optional endorsement to all such policies that provide coverage for medical or surgical procedures which are required to be performed on an in-patient basis, an endorsement which provides at least the following coverages:
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(1) Coverage which provides reimbursement for any covered surgical procedures performed on an out-patient basis when such procedures are performed by a licensed medical practitioner operating with the use of local anesthetic at a licensed out-patient surgical facility affiliated with a licensed hospital, at a licensed freestanding surgical facility, at a surgical facility operated by a health maintenance organization, or at the office of a licensed medical practitioner; and (2) Coverage which provides reimbursement for medical or surgical procedures performed on an out-patient basis in the case of a medical emergency. (b) Definitions. As used in this Code section, unless the context clearly requires otherwise, the term: (1) `Anesthetic' means an agent that produces insensibility to pain or touch. According to action, such anesthetics are subdivided into the categories of `general' and `local' anesthetics. (2) `Charges for facility services' means charges for such items as drugs and biologicals administered at the facility, trays, and bandages and casts which are

furnished incidentally to a physician's services and which are commonly furnished in a physician's office. (3) `General anesthetic' means an anesthetic that is complete and affects the entire body causing loss of consciousness when the anesthetic acts upon the brain. Such anesthetics are usually administered intravenously or through inhalation. (4) `Licensed medical practitioner' means a medical practitioner currently holding a valid license to practice medicine under Code Chapter 84-6 or 84-9 who has agreed to submit to review by a Professional Standards Review Organization (PSRO) established, conditionally or otherwise, pursuant to Part B of Title XI of the Social Security Act (42 U.S.C. 1320c), or by a medical care foundation or other recognized peer review organization, and who is approved to perform the covered procedures under a local anesthetic at an accredited hospital located within the area where the procedures are performed.
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(5) `Local anesthetic' means an anesthetic affecting a local area only, the anesthetic operating upon the nerves or nerve tracts. (6) `Medical emergency' means the sudden and unexpected onset of a condition with severe symptoms requiring medical care which is secured immediately after the onset or within 72 hours after the onset of symptoms. The illness or condition as finally diagnosed must be one which normally would require immediate medical, not surgical, care. Sudden, unexpected, severe medical conditions or symptoms are those which are, or which give evidence of being, life threatening. Previously diagnosed chronic conditions in which subacute symptoms have existed over a period of time shall not be included in the definition of medical emergency unless symptoms suddenly become so severe as to require immediate medical aid. Provided they meet the requirements of this definition, conditions such as the following will qualify as medical emergencies: Appendicitis, acute asthma, breathing difficulties or shortness of breath, severe bronchitis, severe onset of bursitis, severe chest pain, choking, coma, convulsions or seizures, cystitis, dermatitis or hives (resulting from internal or unknown causes), diabetic coma, severe diarrhea, drug reaction, epistaxis (nosebleed), fainting, severe fecal impaction, food poisoning, frostbite, acute attack of gall bladder, gastritis, acute gastrointestinal conditions, severe headache, suspected heart attack, hemorrhage, hysteria, insertion of catheter (for acute retention), insulin shock (overdose), kidney stone, maternity complications such as a suspected miscarriage (if policy covers maternity), sudden or severe onset of pain, pleurisy, pneumonitis, poisoning (including overdoses), pyelitis, pyelonephritis, shock, cerebral or cardiac spasms, spontaneous pneumothorax, severe stomach pains, strangulated hernia, stroke, sunstroke, swollen ring finger, tachycardia, thrombosis or phlebitis, unconsciousness, acute urinary retention, sudden onset of vision loss, or severe vomiting. (7) `Professional fees' means charges for identifiable professional services rendered by a physician to a patient in person which contribute either to the diagnosis of the condition or the treatment of the patient.
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(c) All payments made under the coverages provided for in this Code section shall be made in accordance with the schedule of benefits contained in the policy, if applicable, or in accordance with the usual, customary, and reasonable professional fees and charges for facility services furnished in connection with such procedures. (d) 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. (e) The requirements of this Code section with respect to a group or blanket accident and sickness insurance benefit plan, policy, or contract shall be satisfied if the coverage specified in paragraphs (1) and (2) of subsection (a) of this Code section is made available to the master policyholder of such plan, policy, or contract. Nothing in this Code section shall be construed to require the group insurer, nonprofit corporation, health care plan, health maintenance organization, or master policyholder to provide or to make available such coverage to any certificateholder insured under such group policy, plan, or contract. (f) Nothing in this Code section shall be construed to prohibit an insurer, nonprofit corporation, health care plan, or other person issuing any similar accident and sickness insurance benefit plan, policy, or contract from issuing or continuing to issue an accident and sickness insurance benefit plan, policy, or contract which provides benefits greater than the minimum benefits required to be made available under this Code section or from issuing any such plans, policies, or contracts which provide benefits which are generally more favorable to the insured than those required to be made available under this Code section. Section 2 . Said Code title is further amended by striking subsection (c) of Code Section 56-3016, which reads as follows: (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
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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 practitioner 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., in its entirety. Section 3 . This Act shall become effective on 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 9, 1981. HEALTHHOSPITALIZATION, ETC. OF ALCOHOLICS, DRUG ABUSERS, ETC. Code Title 88 Amended. No. 645 (Senate Bill No. 328). AN ACT To amend Code Chapter 88-4, relating to hospitalization and treatment of alcoholics, drug dependent individuals, and drug abusers, and Code Chapter 88-5, relating to hospitalization and treatment of the mentally ill, so as to authorize psychologists to perform certain acts in connection with the admission of patients in the same manner as physicians; to provide for immunity from liability of psychologists; to provide for all related matters; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 88-4, relating to hospitalization and treatment of alcoholics, drug dependent individuals, and drug abusers, is hereby amended by adding to Code Section 88-402.23, relating to immunity from liability, immediately after the word physician, the following: ,psychologist, so that when so amended Code Section 88-402.23 shall read as follows: 88402.23. Liability for violations. Any physician, psychologist, peace officer, attorney, health official, or hospital official, agent, or
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employee, whether employed by a private hospital or at facilities operated by the State, a political subdivision of the State, or by a hospital authority created pursuant to the Hospital Authorities Law of Georgia, Chapter 88-18 of the Georgia Code, who acts in good faith in compliance with the admission and discharge provisions of this Chapter, shall be immune from civil or criminal liability for his actions in connection with the admission of a patient to a facility or the discharge of a patient from a facility. Section 2 . Said Code Chapter 88-4 is further amended by adding at the end of Code Section 88-404.2, relating to admission to emergency receiving facilities, a new subsection (d) to read as follows: (d) Any psychologist may perform any act specified by this Code Section 88-404.2 or by Code Section 88-404.3 to be performed by a physician. Any reference in any part of this Code Chapter 88-4 to a physician acting under this Code Section 88404.2 or Code Section 88-404.3 shall be deemed to refer equally to a psychologist acting under said Code sections. For purposes of this subsection, the term `psychologist' shall mean any person authorized under the laws of this State to practice as a licensed applied psychologist. Section 3 . Code Chapter 88-5, relating to hospitalization and treatment of the mentally ill, is hereby amended by adding to Code Section 88-502.23, relating to immunity from liability, immediately following the word physician, the following: ,psychologist, so that when so amended Code Section 88-502.23 shall read as follows: 88-502.23. Liability for violations. Any physician, psychologist, peace officer, attorney, health official, or hospital official, agent, or employee, whether employed by a private hospital or at facilities operated by the State, a political subdivision of the State, or by a hospital authority created pursuant to the Hospital Authorities Law of Georgia, Chapter 88-18 of the Georgia Code, who acts in good faith in compliance with the admission and discharge provisions of this Chapter, shall be immune from civil or criminal liability for his actions in connection with the admission of a patient to a facility or the discharge of a patient from a facility.
Page 998

Section 4. Said Code Chapter 88-5 is further amended by adding at the end of Code Section 88-504.2, relating to admission to emergency receiving facilities, a new subsection (d) to read as follows: (d) Any psychologist may perform any act specified by this Code Section 88-504.2 or by Code Section 88-504.3 to be performed by a physician. Any reference in any part of this Code Chapter 88-5 to a physician acting under this Code Section 88-504.2 or Code Section 88-504.3 shall be deemed to refer equally to a psychologist acting under said Code sections. For purposes of this subsection, the term `psychologist' shall mean any person authorized under the laws of this State to practice as a licensed applied psychologist. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. GEORGIA CODE OF PUBLIC TRANSPORTATIONLIENS RESULTING FROM OVERWEIGHT MOTOR VEHICLE CITATIONS. Code Section 95A-960 Amended. No. 648 (Senate Bill No. 347). AN ACT To amend Code Title 95A, known as the Georgia Code of Public Transportation, approved April 18, 1973 (Ga. Laws 1973, p. 947), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 1422), an Act approved April 24, 1975 (Ga. Laws 1975, p. 1154), and an Act approved April 5, 1978 (Ga. Laws 1978, p. 1989), so as to provide for the establishment of a lien upon motor vehicles owned by any person who becomes indebted to the state for assessments resulting from overweight motor vehicle citations; to provide for a manner of foreclosure on such liens; to provide for a method of perfecting such liens; to provide for suspension and the method of suspension of motor vehicle license tags issued by the Department of
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Public Safety; 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, p. 947), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 1422), an Act approved April 24, 1975 (Ga. Laws 1975, p. 1154), and an Act approved April 5, 1978 (Ga. Laws 1978, p. 1989), is hereby amended by adding three new subsections at the end of Code Section 95A-960, relating to the enforcement of load limitations, to be designated subsections (e), (f), and (g), to read as follows: (e) Lien. (1) Whenever any person, firm, or corporation violates the provisions of this chapter and becomes indebted to the department because of such violations and fails within 15 days of the date of issuance of the overweight assessment citation either to pay the assessment or appeal to the department for administrative review as provided for in subsection (a) of this section, such assessment shall become a lien upon the overweight motor vehicle so found to be in violation, which lien shall be superior to all liens except liens for taxes or perfected security interests established before the debt to the department was created. (2) Whenever any person, firm, or corporation requests an administrative review, it shall be held in accordance with the `Georgia Administrative Procedure Act'; and in the event that the commissioner or his designee, hearing officer, or others find in favor of the department, the person, firm, or corporation shall pay the assessment within 30 days after the issuance of a final decision by the agency, or if judicial review is had in accordance with the `Georgia Administrative Procedure Act', then within 30 days after final judicial review is terminated. If the person fails to pay the assessment within 30 days, such assessment shall become a lien as provided for under paragraph (1) of subsection (e) above. (3) The department shall perfect the lien herein created in the same manner as is provided for in subsections (b) and (c) of Section 21, relating to the perfection of security interest in and lien against a vehicle, in the `Motor Vehicle Certificate of Title Act.'
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(f) Manner of foreclosure. (1) The department seeking to foreclose its lien on the motor vehicle arising out of an overweight motor vehicle citation assessed under the provisions of this chapter may seek an immediate writ of possession from the court before whom the petition is filed if the petition contains a statement of facts, under oath, by the department, its agents, its officers, or attorney, setting forth the basis of petitioner's claim and a sufficient grounds for issuance of an immediate writ of possession. (2) The department shall allege under oath specific facts sufficient to show that it is within the power of the defendant to conceal, encumber, convert, convey, or remove from the jurisdiction of the court the property which is the subject matter of the petition. (3) The court before whom the petition is pending shall issue a writ for immediate possession upon finding that the petitioner has complied with paragraphs (1) and (2) of this subsection. If the petitioner is found not to have made sufficient showing to obtain an immediate writ of possession, the court may, nevertheless, treat the petition as one being filed under Code Section 67-702, relating to petitions for writ of possession, and proceed accordingly. (4) When an immediate writ of possession has been granted, the department shall proceed against the defendant in the same manner as provided for in Code Sections 67-713 through 67-717, relating to writs of immediate possession, execution, and levy. (g) Revocation of motor vehicle license tags. (1) Whenever any person,

firm, or corporation violates the provisions of this Code chapter and fails within 15 days of the date of issuance of the overweight assessment citation either to pay the assessment or appeal to the department for an administrative review as provided for under the `Georgia Administrative Procedure Act,' the department may notify the Department of Public Safety of such facts. However, if the person, firm, or corporation requests an administrative review, the department may notify the Department of Public Safety only after the issuance of a final decision and the requisite failure of the person, firm, or corporation
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to pay the assessment. Upon receipt of such notification, the Department of Public Safety shall send a letter to the owner of such motor vehicle stating that the Department of Public Safety has been informed of the fact of such overdue assessment. Upon receipt of such letter from the Department of Public Safety, it shall be the duty of the owner of such vehicle to notify the Department of Public Safety, within 15 days of the date on which notification was mailed by the Department of Public Safety, as to whether the assessment has been paid. If such information is not received by the Department of Public Safety within the specified time period or if the assessment has not in fact been paid, the Department of Public Safety shall suspend the motor vehicle license tag issued to the motor vehicle involved in the overweight assessment citation and shall notify the owner of the motor vehicle to forward the motor vehicle license tag issued to such motor vehicle to the Department of Public Safety. Upon satisfactory proof of compliance with the provisions of this subsection by payment of the overdue assessment, the commissioner of the Department of Public Safety shall return any motor vehicle license tag suspended under the provisions of this subsection to the owner of such motor vehicle after submitting proof of compliance and the payment of a $10.00 restoration fee to the Department of Public Safety. In cases where the motor vehicle license tag has been suspended under this subsection for a second or subsequent time during any two-year period, the Department of Public Safety shall suspend the motor vehicle license tag for a period of 60 days, and thereafter until the owner submits proof of compliance with the provisions of this subsection and the payment of a $25.00 restoration fee to the Department of Public Safety. (2) The Department of Public Safety, upon suspending the motor vehicle license tag as provided for in this subsection, shall require that such tag be surrendered to the Department of Public Safety immediately following the effective date of suspension; and it is the duty of the owner, immediately upon receipt of notice from the Department of Public Safety, to forward the license tag to the Department of Public Safety. (3) If such motor vehicle license tag is not received by the Department of Public Safety within ten days following the effective date of suspension, the public safety commissioner shall forthwith direct any member of the Georgia State Patrol or any
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peace officer to secure possession of such tag and return the same to the public safety commissioner. (4) Unless otherwise provided in this subsection, notice of the effective date of suspension shall occur when the driver received actual knowledge or legal notice thereof, whichever occurs first. For the purposes of making any determination under this Code chapter relating to the return of a suspended motor vehicle license tag, no period of suspension under this subsection shall begin until the tag is surrendered to the Department of Public Safety or to a court of competent jurisdiction under any provisions of this subsection, whichever shall occur first. If the motor vehicle license tag is lost, or for any other reason surrender to the Department of Public Safety is impossible, the period of suspension shall begin on the date an affidavit setting forth the reasons for such impossibility is received by the department. (5) It shall be unlawful to refuse to deliver upon a legal demand any motor vehicle license tag. (6) Any person violating the provisions of paragraph (2) of this subsection (g) shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than $1,000.00 or imprisonment for not more than 90 days. (7) For the purposes of this subsection, where any provisions require the Department of Public Safety to give notice to a person affecting such person's motor vehicle license tag, the mailing of such notice and the name and address shown on the notice of overdue assessment citation supplied by the department as required by this subsection shall be presumptive evidence that such person received the required notice. 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 April 9, 1981. GAME AND FISHSHRIMPING IN BAITED WATERS. Code Section 45-812 Amended. No. 649 (Senate Bill No. 348). AN ACT To amend Code Section 45-812, relating to prohibited methods of taking fish, crustaceans, or mollusks in salt

water, as amended, so as to make unlawful the placing, depositing, distributing, or scattering of bait on waters of this state for the purpose of attracting shrimp; to make unlawful the fishing of shrimp by any method in baited 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 . Code Section 45-812, relating to prohibited methods of taking fish, crustaceans, or mollusks in salt water, as amended, is hereby amended by adding two new subsections (f) and (g) at the end of said Code section to read as follows: (f) It shall be unlawful to place, deposit, distribute, or scatter any bait of any kind in, on, or over any waters of this state so as to lure, attract, or entice shrimp toward said bait or to cause shrimp to congregate in the area where said bait is placed. (g) It shall be unlawful to fish for shrimp by any method, including the use of a cast net, in or near any waters which are baited in violation of subsection (f) above.
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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 April 9, 1981. MOTOR VEHICLESPARKING, ETC. VIOLATIONS BY LESSEES OF LEASED VEHICLES. Code Section 68A-1005.1 Enacted. No. 651 (Senate Bill No. 369). AN ACT To amend Code Chapter 68A-10, relating to stopping, standing, and parking, as amended, so as to provide that owners of motor vehicles that are leased to other persons shall not be liable for parking violations when the vehicles are not in their possession; to provide that said lessors shall notify the clerk of the proper court with the name and address of the lessee; to provide for other matters relative to the foregoing; to provide and 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 Chapter 68A-10, relating to stopping, standing, and parking, as amended, is hereby amended by adding at the end thereof a new Code section, to be designated Code Section 68A-1005.1, to read as follows: 68A-1005.1. Liability for parking violations. (a) The owner of any motor vehicle leased to another shall not be liable for a state, county, or municipal traffic or parking violation occurring while said leased vehicle was not in the owner's possession or control if upon notice of the violation the owner notifies the clerk of the court in which the case is pending of the name and address of the lessee of the vehicle on the date the violation occurred. If the owner fails to submit the notice, the court in which the case is heard may find the owner of the motor vehicle liable for the violation. (b) After providing the name and address of the lessee, the owner shall not be required to attend a hearing on the offense unless notified that the offense occurred through a mechanical failure of the vehicle which resulted from the owner's failure to maintain the vehicle. (c) The owner of any leased vehicle shall be liable for any violation which was caused by the owner's failure to properly maintain the vehicle. The lessee claiming the violation resulted from the owner's failure to properly maintain the vehicle shall notify the clerk of the court in which the case is pending along with the owner of the vehicle of the claim within seven days after receiving notice of the violation or at least ten days prior to the date the case will be heard by the court, whichever is later. 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, 1981.
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TRAPPERS AND FUR DEALERSREGULATIONS AMENDED. No. 652 (Senate Bill No. 370). AN ACT To amend an Act providing requirements relative to trappers and fur dealers, approved April 6, 1977 (Ga. Laws 1977, p. 1270), as amended, so as to authorize the trapping or capture and sale of rabbits and hares; to provide for a raccoon seller's license; to provide for penalties in connection therewith; to provide for other matters relative thereto; 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 requirements relative to trappers and fur dealers, approved April 6, 1977 (Ga. Laws 1977, p. 1270), as amended, is hereby amended by striking in its entirety subsection (b) of Section 12, relating to trapping or capturing rabbits or hares by minors, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The Director of the Game and Fish Division of the Department of Natural Resources may issue a special permit to any

person, including any minor under sixteen (16) years of age, for the purpose of trapping or capturing rabbits or hares by means of rabbit boxes or other similar devices. Such person shall be authorized to sell such rabbits or hares for use at time trials licensed or sanctioned by the American Kennel Club. When issuing such special permits, the Director shall consider principles of sound wildlife management as well as the demand for rabbits or hares in a given locality of the State. Provided, however, nothing in this Act shall be construed to repeal the provisions of Sections 45-528 and 45-607 of the Game and Fish Code. Section 2 . Said Act is further amended by adding between Sections 6 and 7 a new Section 6A to read as follows: Section 6A. Raccoon fur sellers. (a) In addition to fur dealers' licenses provided for in Section 6 of this Act, the Department shall issue a raccoon fur seller's license for an annual fee of $15.00. A
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person to whom a raccoon fur seller's license has been issued shall be authorized to sell the raw undressed furs, hides, skins, or pelts of raccoons lawfully taken by any means other than by trapping. (b) It shall be unlawful for any person to sell the raw undressed fur, hide, skin, or pelt of a raccoon lawfully taken by means other than trapping unless such person has a current valid raccoon fur seller's license issued by the Department. Any person violating the provisions of this subsection shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdeameanor. (c) A person who purchases or sells raw undressed furs, hides, skins, or pelts of raccoons taken by trapping and by means other than trapping shall be a fur dealer within the meaning of this Act and must be licensed therefor as provided in Section 6 of this Act. The license authorized by this Section shall be issued only to persons who take raccoons exclusively by lawful means other than trapping. 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 April 9, 1981.
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BANKS AND BANKINGUNLAWFUL ACQUISITIONS BY BANK HOLDING COMPANIES. Code Section 13207.3 Amended. No. 655 (Senate Bill No. 381). AN ACT To amend Code Section 13-207.3, relating to unlawful acquisitions by bank holding companies, as amended, so as to make the provisions thereof conform to the definition of bank holding company as found in paragraph (3) of subsection (a) of Code Section 13-207; to clarify and interpret further the term unlawful acquisition; to permit a bank holding company formed solely for the purpose of acquiring shares of a single bank to acquire shares of that bank; 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, as amended, is hereby amended by striking the term more than 5 percent and inserting in lieu thereof the term 5 percent or more and by adding after the last sentence of said Code section the following: and provided, further, that nothing herein shall prohibit the acquisition of all or substantially all of the voting shares of one bank by a bank holding company organized for the purpose of acquiring all or substantially all of the voting shares of such bank and owning no voting shares of any other bank, so that when so amended Code Section 13-207.3 shall 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 5 percent or more 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
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such acquisition; provided, however, that 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 and provided, further, that nothing herein shall prohibit the acquisition of all or substantially all of the voting shares of one bank by a bank holding company organized for the purpose of acquiring all or substantially all of the voting shares of such bank and owning no voting shares of any other bank. 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, 1981. INSURANCEPROVISIONS IN SICKNESS AND ACCIDENT POLICIES. Code Section 56-3005 Amended. No. 656 (Senate Bill No. 382). AN ACT To amend Code Section 56-3005, relating to optional policy provisions in accident and sickness policies, so as to remove the provisions relating to insurance with other insurers; to provide that no accident and sickness insurance policy shall contain any provision relating to insurance with other insurers; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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Section 1 . Code Section 56-3005, relating to optional policy provisions in accident and sickness policies, is hereby amended by striking paragraphs (4) and (5) of said Code section in their entirety and by renumbering paragraphs (6) through (12) as paragraphs (4) through (10), respectively. Section 2 . Said Code section is further amended by adding a new paragraph (11) at the end thereof to read as follows: (11) No such accident and sickness insurance policy shall contain any provision relating to insurance with other insurers. Section 3 . This Act shall apply to all individual accident and sickness insurance policies which are issued, delivered, issued for delivery, renewed, or amended in this state on or after July 1, 1981. 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, 1981. ALCOVY JUDICIAL CIRCUITCOMPENSATION OF JUDGES AND DISTRICT ATTORNEYS. No. 657 (Senate Bill No. 385). 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 20, 1980 (Ga. Laws 1980, p. 498), so as to provide a salary supplement for each judge of the Alcovy Judicial Circuit; to
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provide a salary supplement for the district attorney for the Alcovy Judicial Circuit; to provide for cost-of-living increases; 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 . 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 20, 1980 (Ga. Laws 1980, p. 498), is hereby amended by striking in its entirety Section 2A of said Act, which reads 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., and substituting in lieu thereof the following: Section 2A. (a) In addition to the salary and expense allowances payable from state funds, each judge of the Superior Courts of the Alcovy Judicial Circuit shall receive a salary supplement of $300.00 per month from each county which comprises the Alcovy Judicial Circuit. (b) Beginning July 1, 1981, and continuing each year thereafter, the judges of the Superior Courts of the Alcovy Judicial Circuit shall also receive an annual cost-of-living increase equal to 5 percent of the annual salary supplement paid by Newton County to be paid from the funds of Newton County only; provided, however, that, if the board of commissioners of Newton County passes a resolution prior to the first day of July in any year disclaiming such cost-of-living increase, it will
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not be paid for the ensuing fiscal year. Said cost-of-living increase shall be paid in equal monthly installments from the funds of Newton County. For the purposes of this subsection, the `salary supplement' shall equal $3,600.00 on July 1, 1981, and thereafter $3,600.00 plus any cost-of-living increases made after July 1, 1981. (c) Beginning July 1, 1981, and continuing each year thereafter, the judges of the Superior Courts of the Alcovy Judicial Circuit shall also receive an annual cost-of-living increase to be paid from the funds of Walton County only. The said judges shall receive an amount equal to the amount which results from multiplying the annual salary supplement paid by Walton County by the percentage cost-of-living increase afforded other county employees of Walton County by the governing authority of Walton County; provided, however, if such county employees are paid a certain sum as a cost-of-living increase, the said

judges shall receive such sum in lieu of a percentage increase. Said cost-of-living increase shall be paid in equal monthly installments from the funds of Walton County. For the purposes of this subsection, the `salary supplement' shall equal $3,600.00 on July 1, 1981, and thereafter $3,600.00 plus any cost-of-living increases, on a percentage basis or in a certain sum, made after July 1, 1981. The judges of the Superior Courts of the Alcovy Judicial Circuit shall not receive an annual cost-of-living increase in any year in which the county employees of Walton County do not receive a cost-of-living increase. Section 2 . Said Act is further amended by striking in its entirety Section 3A of said Act, which reads as follows: Section 3A. In addition to the salary and contingent expense allowance payable from State funds, the District Attorney of the Superior Court of the Alcovy Judicial Circuit shall receive, effective July 1, 1977, an expense allowance of $50.00 per month, and effective July 1, 1979, an expense allowance of $100.00 per month; provided, however, said $50.00 expense allowance may be reduced to $25.00 per month by a resolution of the Board of Commissioners of Newton County passed prior to June 1, 1977; and provided, further, said $100.00 expense allowance may be reduced to $50.00 per month by a 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.,
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and substituting in lieu thereof the following: Section 3A. (a) In addition to the salary and expense allowances payable from state funds, the district attorney of the Superior Courts of the Alcovy Judicial Circuit shall receive a salary supplement of $300.00 per month from each county which comprises the Alcovy Judicial Circuit. (b) Beginning July 1, 1981, and continuing each year thereafter, the district attorney of the Alcovy Judicial Circuit shall also receive an annual cost-of-living increase equal to 5 percent of the annual salary supplement paid by Newton County to be paid from the funds of Newton County only; provided, however, that, if the board of commissioners of Newton County passes a resolution prior to the first day of July in any year disclaiming such cost-of-living increase, it will not be paid for the ensuing fiscal year. Said cost-of-living increase shall be paid in equal monthly installments from the funds of Newton County. For the purposes of this subsection, the `salary supplement' shall equal $3,600.00 on July 1, 1981, and thereafter $3,600.00 plus any cost-of-living increases made after July 1, 1981. (c) Beginning July 1, 1981, and continuing each year thereafter, the district attorney of the Alcovy Judicial Circuit shall also receive an annual cost-of-living increase to be paid from the funds of Walton County only. The said district attorney shall receive an amount equal to the amount which results from multiplying the annual salary supplement paid by Walton County by the percentage cost-of-living increase afforded other county employees of Walton County by the governing authority of Walton County; provided, however, if such county employees are paid a certain sum as a cost-of-living increase, the said district attorney shall receive such sum in lieu of a percentage increase. Said cost-of-living increase shall be paid in equal monthly installments from the funds of Walton County. For the purposes of this subsection, the `salary supplement' shall equal $3,600.00 on July 1, 1981, and thereafter $3,600.00 plus any cost-of-living increases, on a percentage basis or in a certain sum, made after July 1, 1981. The district attorney of the Alcovy Judicial Circuit shall not receive an annual cost-of-living increase in any year in which the county employees of Walton County do not receive a cost-of-living increase. Section 3 . (a) An Act entitled An Act to supplement the salary of the judge of the superior court of the Alcovy Judicial Circuit from the funds of Walton County; to provide an effective date; to repeal
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conflicting laws; and for other purposes., approved February 28, 1974 (Ga. Laws 1974, p. 124), is hereby repealed in its entirety. (b) An Act entitled An Act to provide for an expense allowance for the Judge of the Superior Court of the Alcovy Judicial Circuit from the funds of Walton County; to repeal conflicting laws; and for other purposes., approved March 23, 1977 (Ga. Laws 1977, p. 959), is hereby repealed in its entirety. Section 4 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to amend an act to provide for an authorize a supplement and a cost of living index to compensate the Superior Court Judges and District Attorney of the Alcovy Judicial Circuit, composed of Newton and Walton Counties and to repeal conflicting laws; and for other purposes. W. D. Ballard State Senator, 45th Senatorial District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. Ballard who, on oath, deposes and says that he/she is Senator from the 45th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walton Tribune which is the official organ of Walton County, on the following dates: January 22, 29, and February 5, 1981.

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/s/ W. D. Ballard Senator, 45th District Sworn to and subscribed before me, this 20th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1981 session of the General Assembly of Georgia, a bill to amend an act to provide for and authorize a supplement and a cost of living index to compensate the Superior Court Judges and District Attorney of the Alcovy Judicial Circuit, composed of Newton and Walton Counties and to repeal conflicting laws; and for other purposes. W. D. Ballard State Senator, 45th Senatorial District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. Ballard who, on oath, deposes and says that he/she is Senator from the 45th 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 29, February 5, 12, 1981. /s/ W. D. Ballard Senator, 45th District
Page 1016
Sworn to and subscribed before me, this 20th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 9, 1981. REFUNDS OF INTEREST ON ADD-ON INTEREST LOAN PAID PRIOR TO MATURITY. No. 658 (Senate Bill No. 388). AN ACT To provide for the refund of interest on any loan on which the interest is calculated under the add-on interest method if the loan is paid off prior to maturity; to provide for alternative methods of refunding interest; to provide for a rate of interest; to provide for an exception; 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. The refund from a loan on which interest is calculated under the add-on interest method which is paid off prior to maturity shall be hand delivered or mailed to the borrower within 15 business days after the date on which the loan is paid in full. If such hand delivery or mailing is not made within 15 business days, the refund
Page 1017
shall bear interest at the prevailing prime rate of interest charged by the lender from the time the loan was paid in full until such time as the refund is hand delivered or mailed to the borrower. The total refund shall then consist of the original refund plus any accrued interest greater than $1.00. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. EXECUTIVE REORGANIZATION ACT OF 1972 AMENDEDGEORGIA INTRACOASTAL WATERWAY COMMISSION. No. 659 (Senate Bill No. 395). AN ACT To amend the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, so as to provide for the transfer of the functions of the Georgia Intracoastal Waterway Commission to the Georgia Department of Transportation; to provide for specific repeal; 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 Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, is hereby amended by adding after Section 2008 a new section, to be designated Section 2009, to read as follows: Section 2009. Georgia Intracoastal Waterway Commission; functions transferred. All of the functions of the Georgia Intracoastal Waterway Commission, created by Georgia Laws 1939, p. 331, as amended, are transferred to the Department of Transportation,
Page 1018
created in this Act. All easements granted under the authority created by the Act establishing the Georgia Intracoastal Waterway Commission shall be approved by the board of the Georgia Department of Transportation and shall be executed by the commissioner of the Department of Transportation. Section 2. An Act creating the Georgia Intracoastal Waterway Commission, approved March 24, 1939 (Ga. Laws 1939, p. 331), is hereby repealed. 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

April 9, 1981.
Page 1019
GEORGIA PUBLIC REVENUE CODE AMENDEDDELIVERY OF MOTOR FUEL TO SERVICE STATIONS. Code Section 91A-5009(f) Repealed. No. 660 (Senate Bill No. 397). AN ACT To amend Code Section 91A-5009, relating to the transportation and delivery of motor fuel, so as to remove the provisions relating to the delivery of motor fuel at certain times; 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-5009, relating to the transportation and delivery of motor fuel, is hereby amended by striking subsection (f), which reads as follows: (f) No motor fuel shall be unloaded from a transport tank truck, or other vehicle, or conveyed by any other manner into storage tanks or other equipment located at any motor fuel service station or any other place of business at which motor fuel is offered for sale at retail to the public between the hours of 9:00 p.m. and 5:00 a.m. of any day., 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 April 9, 1981.
Page 1020
MUNICIPALITIES AND COUNTIESRECREATIONAL SYSTEMS. No. 661 (Senate Bill No. 401). AN ACT To amend an Act empowering cities, towns, and counties, separately or jointly, to provide, maintain, and conduct supervised recreation systems, approved February 1, 1946 (Ga. Laws 1946, p. 152), as amended, so as to empower the governing authority of any recreation system to take all necessary or appropriate actions, including conveying certain property interests and entering into certain contracts, to permit the renovation, reconstruction, and operation for the purpose of producing hydroelectric power for ultimate sale to the public, of existing dam sites located on property which is owned by the governing authority, including land that has been dedicated to a public use for recreational or park purposes, without regard to whether such public use has been previously abandoned; to provide that any such conveyances and other contracts, including those extending over a period of years, shall be binding upon such governing authority and its successors; to provide that any revenue derived by the governing authority from such conveyances and other contracts shall be used only for recreational purposes; 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: Section 1. An Act empowering cities, towns, and counties, separately or jointly, to provide, maintain, and conduct supervised recreation systems, approved February 1, 1946 (Ga. Laws 1946, p. 152), as amended, is hereby amended by adding a new Section 11B at the end thereof to read as follows: Section 11B. (a) The governing authority of any recreation system shall be empowered to take all necessary or appropriate actions to permit the renovation, reconstruction, and operation for the purpose of producing hydroelectric power for ultimate sale to the public, of existing dam sites located on property which is owned by the governing authority, including land that has been dedicated for public recreational or park use, without regard to whether such public use has been previously abandoned.
Page 1021
(b) The term `governing authority' of any recreation system, as used in this section, shall mean the governing body of a city, town, or county, a recreation board, or such other authority, board, or commission in which is vested the power to provide, establish, conduct, and maintain a supervised recreation system and facilities. (c) Without limiting the foregoing, the governing authority of any recreation system shall have the power, for the purposes specified above, to grant or convey, and to grant an option to obtain, a leasehold interest, a fee simple title or other property interest in any such dam site and in such immediately adjacent land as may be necessary to accommodate facilities for the generation of hydroelectric power, together with all easements, rights of way and rights to flood adjacent lands as may be necessary or appropriate, to electric utilities or other entities organized for the purpose of generating or distributing electricity for public use. (d) The governing authority of any recreation system also shall have the power, for the purposes specified above, to enter into any contracts necessary or appropriate to determine the feasibility of renovating an existing dam for the generation of hydroelectric power; to enter into any contracts with electric utilities or other entities organized for the purpose of generating or distributing electricity for public use which are necessary or appropriate for the construction, use, operation, and maintenance of a hydroelectric facility at an existing dam site located on property owned by the governing authority; and to take all actions necessary or appropriate to obtain, and to transfer its rights under, any governmental license or other approval or exemption required or desired for a hydroelectric project. (e) All conveyances and other contracts, including those extending over a period of years, which are entered into by the governing authority of any

recreation system for the purposes specified above shall be binding upon such governing authority and its successors. (f) Any net revenue derived by the governing authority of the recreation system from such conveyances and other contracts shall be used only for recreational purposes. (g) The foregoing provisions of this section shall apply to and control the activities of a governing authority of any recreation system in connection with the renovation, reconstruction, and operation of any dam site located on property owned by the governing
Page 1022
authority notwithstanding any provision to the contrary contained in this Act, approved February 1, 1946 (Ga. Laws 1946, p. 152), as previously amended, or in Section 69-202 of the Georgia Code of 1933 or in other laws; provided, however, that nothing in this section shall be construed as impairing the obligation of any contract provision, whether by way of reversionary clause or otherwise. 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, 1981. DEPARTMENT OF REVENUETRAINING CLASSES IN AREAS OF COUNTY TAXATION. No. 662 (Senate Bill No. 407). AN ACT To provide for training classes in all areas of county taxation to be attended by certain newly elected local tax officials; to provide for the costs of such classes; to provide for the instructors of such classes; to authorize the commissioner of the Department of Revenue to adopt reasonable rules and regulations concerning the establishment and administration of such classes and to authorize the commissioner to work with officials of the Department of Continuing Education of the University of Georgia to establish certain classes to be held at that institution; 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:
Page 1023
Section 1 . (a) It shall be the responsibility of each county tax collector and tax commissioner in this state who has never served in such office prior to the effective date of this Act to attend 40 hours of training classes pertaining to all areas of county taxation, particularly property taxation and motor vehicle titling and registration, during the initial term of office served by such local tax official. (b) (1) Of the 40 hours of required training classes, 20 hours of such classes shall be attended during the period between the election of the local tax official and the date such official assumes office. (2) The remaining 20 hours of required training classes shall be attended during the first year of the local tax official's initial term of office, unless sickness, emergency, or some other unforeseen circumstance prohibits attendance during that year, at the seminar on county taxation and related matters held at the University of Georgia under the supervision of the Department of Continuing Education. (c) In the event a county tax collector and tax commissioner who has never served in such office prior to the effective date of this Act assumes the office during the middle of a regular term of office, such local tax official shall be required to obtain special training and instruction from the Motor Vehicle and Property Tax Divisions of the Department of Revenue in lieu of the training requirements of subsection (b) of this section. (d) The costs of attending the training classes required by this section shall be borne by the payment of registration fees by each local tax official attending such classes and shall be reimbursed to each local tax official by his respective county. Section 2 . The instructors for the training classes required by Section 1 of this Act shall consist of representatives of the Department of Revenue, the Georgia Association of Tax Officials, the Department of Continuing Education of the University of Georgia, and any other qualified persons of expertise in the field of county taxation. Section 3 . (a) The commissioner of the Department of Revenue may adopt and enforce reasonable rules and regulations governing the establishment and administration of the training classes provided for by this Act.
Page 1024
(b) The commissioner of the Department of Revenue is hereby authorized to work with officials and personnel of the Department of Continuing Education of the University of Georgia in establishing the training classes to be held at that institution. Section 4 . This Act shall become effective on January 1, 1982. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. CRIMINAL PROCEDURESENTENCING. Code Section 27-2502 Amended. No. 663 (Senate Bill No. 411). AN ACT To amend Code Section 27-2502, relating to determinate sentences, as amended, particularly by an Act approved March 20, 1974 (Ga. Laws 1974, p. 352), so as to provide for special sentencing in certain cases; to provide that persons so sentenced may be considered for parole at any time; to provide for practices and procedures; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 27-2502, relating to determinate sentences, as amended, particularly by an Act approved March 20, 1974 (Ga. Laws 1974, p. 352), is hereby amended by adding, preceding the

first sentence thereof, the following: (a),
Page 1025
and by adding at the end of said Code section a new subsection (b) to read as follows: (b) The judge, in fixing such sentence as prescribed in subsection (a) of this section, may make a determination as to whether the person being sentenced should be considered for parole prior to the completion of any requirement otherwise imposed by law relating to the completion of service of any specified time period before parole eligibility. In the event that the judge so determines, he may specify in the sentence that such person is sentenced under the provisions of this subsection and provide that the State Board of Pardons and Paroles, acting in its sole discretion, may consider and may parole any such person so sentenced at any time prior to the completion of any minimum requirement otherwise imposed by law, rule or regulation for the service of sentences or portions thereof., so that when so amended Code Section 27-2502 shall read as follows: 27-2502. Determinate sentences. (a) Upon a verdict or plea of guilty in any case involving a misdemeanor or felony the judge fixing such sentence shall prescribe a determinate sentence for a specific number of years, which shall be within the minimum and maximum prescribed by law as the punishment for said crime, except in cases in which life imprisonment or capital punishment is imposed. The judge imposing said sentence is hereby granted power and authority to suspend or probate said sentence, under such rules and regulations as he deems proper. Said judge shall also be empowered to revoke said suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court. After the term of court at which the sentence is imposed by the judge, he shall have no authority to suspend, probate, modify or change the sentence of said prisoner, except as otherwise provided. (b) The judge, in fixing such sentence as prescribed in subsection (a) of this section, may make a determination as to whether the person being sentenced should be considered for parole prior to the completion of any requirement otherwise imposed by law relating to the completion of service of any specified time period before parole eligibility. In the event that the judge so determines, he may specify in the sentence that such person is sentenced under the provisions of this subsection and provide that the State Board of Pardons and Paroles, acting in its sole discretion, may consider and may parole any such person so sentenced at any time prior to the completion of any
Page 1026
minimum requirement otherwise imposed by law, rule or regulation for the service of sentences or portions thereof. The determination allowed in this subsection shall be applicable to first offenders only. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. STATE PERSONNEL BOARDQUORUM, ETC. No. 664 (Senate Bill No. 419). AN ACT To amend an Act completely and exhaustively revising, superseding, and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, approved March 13, 1975 (Ga. Laws 1975, p. 79), as amended, so as to provide for the quorum of the board; to provide for the number of votes necessary for the board to transact business and discharge duties; 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 completely and exhaustively revising, superseding, and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, approved March 13, 1975 (Ga. Laws 1975, p. 79), as amended, is hereby amended by adding at the end of subsection (a) of Section 4 the following: Three members shall constitute a quorum. Only the votes of a majority of the members present shall be necessary for the transaction of any business or discharge of any duties of the Board, provided there is a quorum.,
Page 1027
so that when so amended subsection (a) shall read as follows: (a) The State Personnel Board shall prescribe the general policies by which the State Merit System shall be administered. The Board shall hold regular meetings at least once each month and may hold additional meetings as may be required for the proper discharge of its duties. Members of the Board shall receive no salary but shall be reimbursed for their expenses in attending meetings and for transportation cost as authorized by an Act which provides for the compensation and allowances of certain State officials, approved April 13, 1973 (Ga. Laws 1973, p. 701). Three members shall constitute a quorum. Only the votes of a majority of the members present shall be necessary for the transaction of any business or discharge of any duties of the Board, provided there is a quorum. 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, 1981. HEALTHREGISTRATION OF SPINAL-CORD DISABLED. Code Chapter 88-34 Amended. No. 665 (Senate Bill No. 420). AN ACT To amend Code Chapter 88-34, relating to registration of spinal-cord disabled, so as to

change the provisions relating to registration procedures; to change the provisions relating to the duties of the Department of Human Resources; to require the Division of Vocational Rehabilitation to maintain certain records and other information;
Page 1028
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 88-34, relating to registration of spinal-cord disabled, is hereby amended by striking in its entirety Code Section 88-3403, relating to registration procedures, and inserting in lieu thereof a new Code Section 88-3403 to read as follows: 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 48 hours 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. Section 2 . Said Code chapter is further amended by striking in its entirety Code Section 88-3404, relating to duties of the department, and inserting in lieu thereof a new Code Section 88-3404 to read as follows: 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 with informed consent to appropriate public or private departments or agencies for treatment and rehabilitative services. (b) The Department's Division of Vocational Rehabilitation shall maintain records of reports, notifications, and referrals made under this Chapter. The Division of Vocational Rehabilitation shall submit quarterly reports of its notifications and referrals to the Division of Physical Health. (c) 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-cord-disabled person, or the consent of the immediate family or guardian of such person if that person is unable to consent.
Page 1029
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 9, 1981. COBB JUDICIAL CIRCUITCOMPENSATION OF DISTRICT ATTORNEY AND STAFF. No. 670 (Senate Bill No. 444). AN ACT To amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. Laws 1951, p. 184), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1323), an Act approved March 23, 1977 (Ga. Laws 1977, p. 4020), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 541), so as to change the compensation of the district attorney, the district attorney's investigators and secretary, and the assistant district 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 . An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. Laws 1951, p. 184), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1323), an Act approved March 23, 1977 (Ga. Laws 1977, p. 4020), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 541), is hereby amended by striking from Section 4 the following: The district attorney of the Cobb Judicial Circuit shall receive a supplement from the general funds of Cobb County in such an amount so that the combined total of such local supplement, compensation from State funds and any contingent expense allowance from
Page 1030
State funds shall be in such an amount that such district attorney shall receive $30,500.00 per annum as remuneration for services rendered as the district attorney of the Cobb Judicial Circuit. In the event such compensation from State funds and such contingent expense allowance from State funds is $30,500.00 or more per annum, such local supplement provided herein shall be discontinued., and inserting in lieu thereof the following: The district attorney of the Cobb Judicial Circuit shall receive a supplement from the general funds of Cobb County in such an amount so that the combined total of such local supplement compensation from State funds and any contingent expense allowance from State funds shall be in such an amount that such district attorney shall receive $40,000.00 per annum as remuneration for services rendered as the district attorney of the Cobb Judicial Circuit. In the event such compensation from State funds and such contingent expense allowance from State funds is $40,000.00 or more per annum, such local supplement provided herein shall be discontinued., so that when so amended said Section 4 shall read as follows: Section 4. The offices of the judges and the district attorney of the Superior Court of the Cobb Judicial Circuit are hereby created. The district attorney of the Cobb Judicial Circuit shall receive a supplement from the general funds of Cobb County in such an

amount so that the combined total of such local supplement, compensation from State funds and any contingent expense allowance from State funds shall be in such an amount that such district attorney shall receive $40,000.00 per annum as remuneration for services rendered as the district attorney of the Cobb Judicial Circuit. In the event such compensation from State funds and such contingent expense allowance from State funds is $40,000.00 or more per annum, such local supplement provided herein shall be discontinued. The district attorney of the Cobb Judicial Circuit may not engage in the private practice of law in any contested matter in any court in this State. Provided, however, that the present district attorney of the Cobb Judicial Circuit and all future district attorneys may prosecute to final completion all cases in which his name appears as counsel of record and which were filed prior to his assuming the office of district attorney of the Cobb Judicial Circuit.
Page 1031
Section 2 . Said Act is further amended by striking Section 4(a) and substituting in lieu thereof a new Section 4(a) to read as follows: Section 4(a). Said district attorney is hereby authorized to appoint three investigators, Cobb Judicial Circuit, to serve at the pleasure of said district attorney and generally to perform such duties as may be assigned by said district attorney. They shall have the same power as a sheriff to make arrests, to execute and return all criminal warrants and processes and serve as a peace officer and they shall be subpoena clerks in the superior court for the purpose of summoning witnesses before the grand jury. They shall receive compensation for the performance of such duties a sum of not less than $9,000.00 per annum and not more than $17,000.00 per annum, the exact amount to be determined by the district attorney. The compensation shall be paid in equal monthly installments from the general funds of Cobb County, Georgia. Section 3 . Said Act is further amended by striking Section 4B in its entirety and substituting a new Section 4B, which shall read as follows: Section 4B. The district attorney is hereby authorized to appoint in addition to those assistant district attorneys otherwise provided by law four full-time or part-time assistant district attorneys who shall serve at the pleasure of the district attorney and who shall assist the district attorney in the performance of his duties. All assistant district attorneys shall have been admitted to the practice of law in all of the courts of the State of Georgia and be members in good standing of the State Bar of Georgia. On and after April 1, 1981, all assistant district attorneys shall be compensated in the sum of not less than $11,000.00 nor more than $32,000.00 per annum. On and after April 1, 1982, all assistant district attorneys shall be compensated in the sum of not less than $11,500.00 nor more than $34,500.00 per annum. The exact amount of said compensation shall be determined by the district attorney of the Cobb Judicial Circuit. Said sum shall be payable in equal monthly installments from the general funds of said county with the exception that, whenever the State of Georgia shall provide compensation to any of the assistant district attorneys, the amount of State compensation shall be deducted from the total salary paid from the general funds of Cobb County, Georgia. Section 4 . Said Act is further amended by striking Section 4G in its entirety and inserting a new Section 4G, which shall read as follows:
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Section 4G. In addition to the salary payable from State funds, the legal secretary appointed by the district attorney pursuant to the Act approved March 7, 1957 (Ga. Laws 1957, p. 273), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 668), shall receive a county supplement, as fixed by the district attorney, so that the total of said compensation shall not exceed $16,000.00 per annum. Said supplement fixed by the district attorney shall be payable in equal monthly installments out of the funds of Cobb County. The governing authority of Cobb County is hereby authorized and directed to pay said legal secretary the additional compensation provided herein. Section 5 . This Act shall become effective on April 1, 1981. Section 6 . 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 January-February, 1981 Session of the General Assembly of Georgia, a bill to amend the Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, P. 184), as amended so as to change the provisions relating to the appointment of assistant district attorneys to change the salary provisions relating to the assistant district attorneys; to delete certain wording from section 4B; to change the provisions relating to the appointment of investigators; to change the salary provisions relating to investigators; to provide a county supplement for the District Attorney; to provide for the method of payment and supplement of the legal secretary provided pursuant to Ga L. 1957, p. 173 as amended and Ga. L. 1975, p. 1506; and for other purposes. This the 28th day of January, 1981.
Page 1033
Roy E. Barnes Haskew Brantley Joe L. Thompson Senators Fred Aiken A. L. Burruss G. W. Darden Carl Harrison

Johnny Isakson Ken Nix Steve Thompson Joe Mack Wilson Representatives

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy E. Barnes who, on

oath, deposes and says that he/she is Senator from the 33rd 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: February 6, 13, 20, 1981. /s/ Roy E. Barnes Senator, 33rd District Sworn to and subscribed before

me, this 3rd day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires

Jan. 4, 1985. (Seal). Approved April 9, 1981.

Page 1034

REPORTS OF CHILD ABUSE BY PHYSICIANS, ETC. Code Section 74-111 Amended. No. 673 (House Bill No. 143). 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 change who is required to make certain reports; to change certain conditions; to require reports of sexual exploitation of children and to provide a definition thereof; to require that certain photographs be made available to the chief welfare agency providing protective custody and to the appropriate police authority; to change when reports shall be made; 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 striking in its entirety the first paragraph of subsection (a) of said Code section and inserting in lieu thereof a new first paragraph to read as follows: (a) Reports by Physicians, Treating Personnel, Institutions and Others. Any physician, including any doctor of medicine licensed to practice under Chapter 84-9 of the Code of Georgia of 1933, as amended, licensed osteopathic physician, intern, resident, all other hospital or medical personnel, dentist, psychologist, podiatrist, nursing personnel, social work personnel, school teachers and administrators, school guidance counselors, child care personnel, day care personnel or law enforcement personnel having reasonable cause to believe that a child under the age of eighteen has had physical injury or injuries inflicted upon him other than by accidental means by a

Page 1035

parent or caretaker, or has been neglected or exploited by a parent or caretaker, or has been sexually assaulted or sexually exploited, shall report or cause reports to be made in accordance with the provisions of this section: provided, however, that when the attendance of the reporting person with respect to a child is pursuant to the performance of services as a member of the staff of a hospital, school, social agency or similar facility, he shall notify the person in charge of the facility or his designated delegate who shall report or cause reports to be made in accordance with the provisions of this section. Section 2. Said Code section is further amended by adding at the end of subsection (a) the following new paragraph: For purposes of this subsection (a), a child is sexually exploited when the child's parent or caretaker allows, permits, encourages, or requires such child to engage in prostitution, as defined in Code Section 26-2012, as now or hereafter amended, or allows, permits, encourages, or requires such child to engage in sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in an Act approved April 10, 1978 (Ga. Laws 1978, p. 2193), as now or hereafter amended. Section 3. Said Code section is further amended by striking in its entirety subsection (b) thereof and inserting in lieu thereof a new subsection (b) to read as follows: (b) Nature and content of report; to whom made. An oral report shall be made as soon as possible 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 or District Attorney. If a report of child abuse, sexual assault, or sexual exploitation is made to said child welfare agency or independently discovered by said agency and said agency has reasonable cause to believe such report is true, then said agency shall immediately notify the appropriate police authority or District Attorney. 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

Page 1036

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 and such photograph shall be made available as soon as possible to the chief welfare agency providing protective services and to the appropriate police authority. 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, 1981. GENERAL APPROPRIATIONS ACT. No. 674 (House Bill No. 163). AN ACT To make and provide appropriations for the fiscal year beginning July 1, 1981, and ending June 30, 1982; 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.

Page 1037

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, 1981, and ending June 30, 1982, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and a revenue estimate of $3,431,000,000 for fiscal year 1982. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch $ 14,872,088 Operations $ 14,872,088 Total Funds Budgeted $ 14,872,088 State Funds Budgeted $ 14,872,088 Budget Unit Object Classes: Operations $ 14,872,088 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

Page 1038

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; 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 $ 4,761,096 1. Operations $ 4,411,096 Total Funds Budgeted $ 4,411,096 State Funds

Budgeted $ 4,411,096

2. Tax Ratio Study $ 350,000 Total Funds Budgeted $ 350,000 State Funds

Budgeted $ 350,000

Budget Unit Object Classes:

Operations $ 4,411,096 Tax Ratio Study $ 350,000

Authorized Motor Vehicles 28 Total Positions Budgeted 150

Page 1039

PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court $ 2,043,512 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 59 Section 4. Superior Courts. Budget Unit: Superior Courts $ 14,865,772 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 1981 session of the General Assembly. Provided, that of the above appropriation relating to Superior Courts, $398,000 is designated and committed for the Prosecuting Attorneys' Council for operations and $68,859 is designated and committed for the Sentence Review Panel, and $57,676 is designated and committed for the Probation Advisory Council. 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 430

Page 1040

Section 5. Court of Appeals. Budget Unit: Court of Appeals $ 2,310,000 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 54

Page 1041

Section 6. Administrative Office of the Courts and Judicial Administrative Districts. Budget Unit: Administrative Office of the Courts and Judicial Administrative Districts $ 1,136,515 Administrative Office of the Courts $ 505,232 Institute for Continuing Judicial Education $ 202,280 Judicial Administrative Districts $ 429,003 Total Funds Budgeted $ 1,136,515 State Funds Budgeted $ 1,136,515 Total Positions Budgeted 39 For the cost of operating the Administrative Office of the Courts; for the cost of operating the Institute for Continuing Judicial Education; and for the cost of operating the Judicial Administrative Districts. Section 7. Appellate Court Reports. Budget Unit: Court Reports $ 175,000 For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals. Total Positions Budgeted 0 Section 8. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission $ 49,760 For the cost of operating the Judicial Qualifications Commission. Total Positions Budgeted 0

Page 1042

Section 9. Board of Court Reporting. Budget Unit: $ 12,802 For the cost of operating the Board of Court Reporting. Total Positions Budgeted 1 Section 10. Council of Juvenile Court Judges. Budget Unit: $ 91,577 For the cost of operating the Council of Juvenile Court Judges. Total Positions Budgeted 3 Section 11. Georgia Justice Courts Training Council. Budget Unit: $ 12,100 For the cost of operating the Georgia Justice Courts Training Council. Total Positions Budgeted 0 Section 12. Georgia Indigent Defense Council. Budget Unit: $ -0- Central Operations $ -0- Grants $ -0- Total Funds Budgeted $ -0- State Funds Budgeted $ -0- For the cost of operating the Georgia Indigent Defense Council. Total Positions Budgeted 0

Page 1043

PART III. EXECUTIVE BRANCH Section 13. Department of Administrative Services. A. Budget Unit:

Department of Administrative Services $ 35,194,942 1. State Properties Commission Budget: Personal Services $

184,367 Regular Operating Expenses $ 7,780 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 500 Equipment Purchases $ 500 Computer Charges $ -0- Real Estate Rentals $

12,516 Telecommunications $ 3,180 Per Diem, Fees and Contracts $ 17,500 Total Funds Budgeted $ 229,343

State Funds Budgeted $ 225,656 Total Positions Budgeted 6

2. Departmental Administration Budget:

Personal Services $ 858,505 Regular Operating Expenses $ 32,215 Travel $ 6,800 Motor Vehicle Equipment

Purchases $ 7,530 Publications and Printing $ 6,000 Equipment Purchases $ 1,450 Computer Charges $ -0-

Real Estate Rentals $ 45,433 Telecommunications $ 15,420 Per Diem, Fees and Contracts $ -0- Direct

Payments to Georgia Building Authority for Capital Outlay $ 10,600,000 Direct Payments to Georgia Building

Authority for Operations $ -0- Direct Payments to Georgia Building Authority for Floyd Buildings Operations $

900,000 Direct Payments to Georgia Building Authority for Authority Lease Rentals $ 850,000 Total Funds

Budgeted $ 13,323,353 State Funds Budgeted $ 13,306,184 Total Positions Budgeted 38

3. Fiscal and

Self-Insurance Administration Budget: Personal Services $ 1,105,243 Regular Operating Expenses $ 57,157

Travel $ 29,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,000 Equipment

Purchases $ 2,155 Computer Charges $ 5,022,700 Real Estate Rentals $ 54,078 Telecommunications $ 22,000

Per Diem, Fees and Contracts $ -0- Workers' Compensation $ -0- State Liability Self-Insurance Reserve $ -0-

Unemployment Compensation Reserve $ 1,500,000 Public Safety Officers Indemnification Fund $ 608,800 Total

Funds Budgeted $ 8,415,133 State Funds Budgeted $ 5,595,628 Total Positions Budgeted 49

4. Central

and Surplus Property Administration Budget: Personal Services $ 892,388 Regular Operating Expenses $

423,856 Travel $ 21,850 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 16,500

Equipment Purchases $ 1,450 Computer Charges $ 41,000 Real Estate Rentals $ 67,055 Telecommunications

$ 14,000 Per Diem, Fees and Contracts $ 12,300 Materials for Resale $ 5,120,000 Utilities $ 23,980 Total

Funds Budgeted $ 6,634,379 State Funds Budgeted $ 191,104 Total Positions Budgeted 61

5. Procurement

Administration Budget: Personal Services $ 1,033,086 Regular Operating Expenses $ 107,507 Travel $ 6,700

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 29,600 Equipment Purchases $ 500

Computer Charges $ 225,000 Real Estate Rentals $ 56,502 Telecommunications $ 32,500 Per Diem, Fees and

Contracts $ -0- Total Funds Budgeted $ 1,491,395 State Funds Budgeted $ 1,470,734 Total Positions Budgeted

52

6. General Services Administration Budget: Personal Services $ 213,235 Regular Operating Expenses

$ 96,956 Travel $ 818 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 100

Equipment Purchases $ 600 Computer Charges $ -0- Real Estate Rentals $ 5,254 Telecommunications $ 2,100

Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 319,063 State Funds Budgeted $ 144,799 Total

Positions Budgeted 14

7. Real Property and Space Management Budget: Personal Services $ 235,600

Regular Operating Expenses $ 5,430 Travel $ 900 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 400 Equipment Purchases $ 500 Computer Charges $ -0- Real Estate Rentals $ 17,999

Telecommunications $ 4,420 Per Diem, Fees and Contracts $ 300 Materials for Resale $ -0- Total Funds

Budgeted $ 265,549 State Funds Budgeted $ 260,837 Total Positions Budgeted 11

8. Data Processing

Services Budget: Personal Services $ 13,861,728 Regular Operating Expenses $ 1,265,190 Travel $ 53,610

Motor Vehicle Equipment Purchases $ 5,800 Publications and Printing $ 221,975 Equipment Purchases $ 243,280

Computer Charges $ 299,000 Rents and Maintenance Expense $ 11,923,516 Real Estate Rentals $ 1,029,947

Telecommunications $ 261,250 Payments to DOAS Fiscal Administration $ 2,243,396 Per Diem, Fees and

Contracts $ 934,900 Total Funds Budgeted $ 32,072,695 State Funds Budgeted $ 9,000,000 Total Positions

Budgeted 685

9. Motor Pool Services Budget: Personal Services $ 400,518 Regular Operating Expenses

$ 1,099,420 Travel $ 900 Motor Vehicle Equipment Purchases $ 96,734 Publications and Printing $ 1,000

Equipment Purchases $ 30,000 Computer Charges $ 8,600 Real Estate Rentals $ 720 Telecommunications $

5,750 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,635,632 State Funds Budgeted $ -0-

Total Positions Budgeted 28

10. Communication Services Budget: Personal Services $ 1,983,647 Regular

Operating Expenses $ 372,314 Travel $ 9,700 Motor Vehicle Equipment Purchases $ 30,100 Publications and

Printing $ 58,200 Equipment Purchases $ 6,525 Computer Charges $ 84,183 Real Estate Rentals $ 55,340

Telecommunications $ 460 Per Diem, Fees and Contracts $ 5,000 Telephone Billings $ 20,947,679 Total

Funds Budgeted $ 23,513,476 State Funds Budgeted $ 5,000,000 Total Positions Budgeted 106

11.

Printing Services Budget: Personal Services $ 1,261,200 Regular Operating Expenses $ 1,515,879 Travel $

3,361 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 200 Equipment Purchases $

40,300 Computer Charges $ 6,000 Real Estate Rentals $ 132,050 Telecommunications $ 11,900 Materials

for Resale $ 50,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 2,995,666 State Funds

Budgeted $ -0- Total Positions Budgeted 76

Budget Unit Object Classes:

Personal Services $

22,029,517 Regular Operating Expenses $ 4,983,704 Travel $ 136,639 Motor Vehicle Equipment Purchases $

140,164 Publications and Printing $ 348,475 Equipment Purchases $ 327,260 Computer Charges $ 5,686,483

Real Estate Rentals $ 1,476,894 Telecommunications $ 372,980 Per Diem, Fees and Contracts $ 970,000

Rents and Maintenance Expense $ 11,923,516 Utilities $ 23,980 Workers' Compensation $ -0- Payments to

DOAS Fiscal Administration $ 2,243,396 Direct Payments to Georgia Building Authority for Operations $ -0-

Direct Payments to Georgia Building Authority for Capital Outlay $ 10,600,000 Direct Payments to Georgia Building

Authority for Authority Lease Rentals $ 850,000 Direct Payments to Georgia Building Authority for Floyd Buildings

Operations $ 900,000 State Liability Self-Insurance Reserve $ -0- Telephone Billings $ 20,947,679 Materials

for Resale $ 5,170,000 Public Safety Officers Indemnity Fund $ 608,800 Unemployment Compensation Reserve

$ 1,500,000 Total Positions Budgeted 1,126 Authorized Motor Vehicles 284 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 $ 319,063 Data Processing Service $

32,072,695 Motor Pool Service $ 1,635,632 Communication Services $ 23,513,476 Printing Services $

2,995,666 Total $ 60,536,532 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 $ -0- 1. Georgia Building Authority

Budget: Personal Services $ 8,066,605 Regular Operating Expenses $ 2,113,171 Travel $ 3,500 Motor

Vehicle Equipment Purchases $ -0- Publications and Printing $ 30,000 Equipment Purchases $ 90,000

Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 40,000 Per Diem, Fees and Contracts

$ 89,000 Capital Outlay $ 10,600,000 Authority Lease Rentals $ 1,039,500 Utilities $ 3,300,000 Facilities

Renovations and Repairs $ -0- Total Funds Budgeted $ 25,210,443 State Funds Budgeted $ -0- Total Positions

Budgeted 419

2. Operations of Floyd Building Budget: Personal Services $ 659,225 Regular Operating

Expenses $ 350,000 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0-

Equipment Purchases $ 20,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0-

Per Diem, Fees and Contracts $ -0- Capital Outlay $ -0- Authority Lease Rentals $ -0- Utilities $ 1,300,000

Facilities Renovations and Repairs $ -0- Total Funds Budgeted $ 2,329,225 State Funds Budgeted $ -0- Total

Positions Budgeted 88

Budget Unit Object Classes:

Personal Services $ 8,725,830 Regular Operating

Expenses $ 2,463,171 Travel $ 3,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $

30,000 Equipment Purchases $ 110,000 Computer Charges $ -0- Real Estate Rentals $ -0-

Telecommunications $ 40,000 Per Diem, Fees and Contracts $ 89,000 Capital Outlay $ 10,600,000 Authority

Lease Rentals $ 1,039,500 Utilities $ 4,600,000 Facilities Renovations and Repairs $ -0- Total Positions

Budgeted 507 Authorized Motor Vehicles 39

Page 1051

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, however, the Georgia Building Authority is

authorized to utilize available funds for acquiring additional parking facilities in the Capitol Hill area, but no funds shall

be so applied without prior approval of the Fiscal Affairs Sub-committees of the House and Senate. Section 14.

Department of Agriculture . A. Budget Unit: Department of Agriculture $ 19,459,145 1. Plant Industry Budget:

Personal Services $ 3,050,383 Regular Operating Expenses $ 314,306 Travel $ 117,317 Motor Vehicle

Equipment Purchases $ 59,803 Publications and Printing $ 26,000 Equipment Purchases $ 87,030 Computer

Charges $ -0- Real Estate Rentals $ 5,178 Telecommunications $ 36,250 Per Diem, Fees and Contracts $ 600

Total Funds Budgeted $ 3,696,867 State Funds Budgeted $ 3,190,697 Total Positions Budgeted 186

2.

Animal Industry Budget: Personal Services $ 1,024,000 Regular Operating Expenses $ 114,275 Travel $

35,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $

2,700 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 37,950 Per Diem, Fees and

Contracts $ 75,000 Athens Veterinary Laboratory Contract $ 397,000 Tifton Veterinary Laboratory Contract $

718,000 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston, Statesboro and

Tifton $ 800,000 Veterinary Fees $ 525,000 Indemnities $ 75,000 Capital Outlay $ -0- Total Funds

Budgeted $ 3,813,925 State Funds Budgeted $ 3,468,449 Total Positions Budgeted 55

3. Marketing

Budget: Personal Services $ 766,000 Regular Operating Expenses $ 128,485 Travel $ 46,985 Motor

Vehicle Equipment Purchases $ -0- Publications and Printing $ 19,980 Equipment Purchases $ 8,100

Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 35,000 Per Diem, Fees and Contracts

$ 31,600 Advertising $ 55,000 Capital Outlay $ -0- Total Funds Budgeted $ 1,091,150 State Funds

Budgeted $ 1,064,580 Total Positions Budgeted 40

4. Major Markets Budget: Personal Services $

1,671,000 Regular Operating Expenses $ 734,000 Travel $ 10,000 Motor Vehicle Equipment Purchases $

14,000 Publications and Printing $ 7,000 Equipment Purchases $ 17,000 Computer Charges $ -0- Real

Estate Rentals $ -0- Telecommunications $ 28,000 Advertising $ 35,000 Per Diem, Fees and Contracts $

19,400 Major Repairs and Maintenance Projects at Major and Minor Markets $ 550,000 Total Funds Budgeted $

3,085,400 State Funds Budgeted $ 626,980 Total Positions Budgeted 116

5. General Agricultural Field

Forces Budget: Personal Services $ 1,796,000 Regular Operating Expenses $ 125,297 Travel $ 172,764

Motor Vehicle Equipment Purchases $ 51,200 Publications and Printing $ 4,000 Equipment Purchases $ 3,000

Computer Charges $ -0- Real Estate Rentals $ 3,600 Telecommunications $ 16,000 Per Diem, Fees and

Contracts $ -0- Total Funds Budgeted $ 2,171,861 State Funds Budgeted $ 2,135,941 Total Positions Budgeted

115

6. Internal Administration Budget: Personal Services $ 1,058,000 Regular Operating Expenses $

129,940 Travel $ 26,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 21,000

Equipment Purchases $ 17,175 Computer Charges $ 229,650 Real Estate Rentals $ 512,300

Telecommunications $ 32,150 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 2,028,915 State

Funds Budgeted $ 1,975,188 Total Positions Budgeted 54

7. Information and Education Budget: Personal

Services $ 130,000 Regular Operating Expenses $ 11,210 Travel $ 1,200 Motor Vehicle Equipment Purchases

$ -0- Publications and Printing $ 325,000 Equipment Purchases $ 8,300 Computer Charges $ -0- Real

Estate Rentals $ -0- Telecommunications $ 5,400 Per Diem, Fees and Contracts $ -0- Market Bulletin Postage

$ 420,000 Total Funds Budgeted $ 901,110 State Funds Budgeted $ 898,510 Total Positions Budgeted 9

8. Fuel and Measures Standards Budget: Personal Services $ 1,144,507 Regular Operating Expenses $ 226,660

Travel $ 100,000 Motor Vehicle Equipment Purchases $ 58,200 Publications and Printing $ 5,500 Equipment

Purchases $ 20,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 13,850 Per

Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,568,717 State Funds Budgeted $ 1,543,637 Total

Positions Budgeted 74

9. Consumer Services Budget: Personal Services $ 582,000 Regular Operating

Expenses $ 81,110 Travel $ 15,000 Motor Vehicle Equipment Purchases $ 24,000 Publications and Printing $

4,500 Equipment Purchases $ 2,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications

$ 19,000 Per Diem, Fees and Contracts $ 1,500 Total Funds Budgeted $ 729,110 State Funds Budgeted $

717,470 Total Positions Budgeted 30

10. Consumer Protection Field Forces Budget: Personal Services $

2,640,000 Regular Operating Expenses $ 139,563 Travel $ 149,900 Motor Vehicle Equipment Purchases $

30,000 Publications and Printing $ 8,200 Equipment Purchases $ 12,000 Computer Charges $ -0- Real

Estate Rentals $ 5,520 Telecommunications $ 26,500 Per Diem, Fees and Contracts $ -0- Total Funds

Budgeted $ 3,011,683 State Funds Budgeted $ 2,338,549 Total Positions Budgeted 140

11. Meat

Inspection Budget: Personal Services $ 2,389,000 Regular Operating Expenses $ 87,417 Travel $ 176,596

Motor Vehicle Equipment Purchases $ 36,000 Publications and Printing $ 2,600 Equipment Purchases $ 1,120

Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 17,700 Per Diem, Fees and Contracts

$ 107,900 Total Funds Budgeted $ 2,818,333 State Funds Budgeted $ 1,124,144 Total Positions Budgeted 131

12. Fire Ant Control 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- Telecommunications $ -0- Per Diem, Fees and Contracts $

-0- Purchase of Bait and Airplane Contracts $ 100,000 Total Funds Budgeted $ 100,000 State Funds Budgeted

$ 100,000 Total Positions Budgeted 0

13. Georgia Agrirama Development Authority Budget: Direct

Payments to Georgia Agrirama Development Authority for Operations $ 275,000 Total Funds Budgeted $ 275,000

State Funds Budgeted $ 275,000 Total Positions Budgeted 0

14. Seed Technology and Development Personal

Services $ 152,589 Regular Operating Expenses $ 4,800 Travel $ 900 Motor Vehicle Equipment Purchases $

20,000 Publications and Printing $ 200 Equipment Purchases $ 158,000 Computer Charges $ -0- Real

Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $

336,489 State Funds Budgeted $ -0- Total Positions Budgeted 8

Budget Unit Object Classes:

Personal Services $ 16,403,479 Regular Operating Expenses $ 2,097,063 Travel $ 852,362 Motor Vehicle

Equipment Purchases $ 293,203 Publications and Printing $ 433,980 Equipment Purchases $ 336,425

Computer Charges $ 229,650 Real Estate Rentals $ 526,598 Telecommunications $ 267,800 Per Diem, Fees

and Contracts $ 238,000 Market Bulletin Postage $ 420,000 Purchase of Bait and Airplane Contracts $ 100,000

Athens Veterinary Laboratory Contract $ 397,000 Tifton Veterinary Laboratory Contract $ 718,000 Poultry

Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston Statesboro and Tifton $ 800,000

Veterinary Fees $ 525,000 Indemnities $ 75,000 Advertising Contract $ 90,000 Direct Payments to Georgia

Agrirama Development Authority for Operations $ 275,000 Repairs to Major and Minor Markets $ 550,000

Capital Outlay $ -0- Total Positions Budgeted 958 Authorized Motor Vehicles 259 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 $ -0- Georgia Agrirama

Development Authority Budget: Personal Services $ 435,231 Regular Operating Expenses $ 90,259 Travel

$ 7,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,000 Equipment Purchases $

888 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,000 Per Diem, Fees and

Contracts $ 18,060 Capital Outlay $ 24,800 Goods for Resale $ 82,562 Sales Tax $ 9,400 Total Funds

Budgeted $ 689,800 State Funds Budgeted $ -0- Total Positions Budgeted 27

Budget Unit Object Classes:

Personal Services $ 435,231 Regular Operating Expenses $ 90,259 Travel $ 7,600 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 17,000 Equipment Purchases $ 888 Computer Charges $ -0-

Real Estate Rentals $ -0- Telecommunications $ 4,000 Per Diem, Fees and Contracts $ 18,060 Capital Outlay

$ 24,800 Sales Tax $ 82,562 Goods for Resale $ 9,400 Total Positions Budgeted 27 Authorized Motor

Vehicles 5

Page 1058

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 $ 2,687,661 Administration and Examination Budget: Personal Services $ 2,204,500

Regular Operating Expenses $ 127,420 Travel $ 233,183 Motor Vehicle Equipment Purchases $ -0- Publications

and Printing $ 18,039 Equipment Purchases $ 6,110 Computer Charges $ 13,350 Real Estate Rentals $ 104,842

Telecommunications $ 22,307 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 2,731,751 State

Funds Budgeted $ 2,687,661 Total Positions Budgeted 95

Budget Unit Object Classes: Personal Services $

2,204,500 Regular Operating Expenses $ 127,420 Travel $ 233,183 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 18,039 Equipment Purchases $ 6,110 Computer Charges $ 13,350 Real Estate Rentals

$ 104,842 Telecommunications $ 22,307 Per Diem, Fees and Contracts $ 2,000 Total Positions Budgeted 95

Authorized Motor Vehicles 21

Page 1059

Section 16. Department of Community Affairs. A. Budget Unit: Department of Community Affairs $ 4,025,389 1.

Executive and Administrative: Personal Services $ 417,000 Regular Operating Expenses $ 34,607 Travel $

10,250 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,100 Equipment Purchases $

1,200 Computer Charges $ -0- Real Estate Rentals $ 111,843 Telecommunications $ 9,300 Per Diem, Fees

and Contracts $ 8,000 Capital Felony Expenses $ 50,000 Multi-State Transportation Board $ 10,000 Payments

to Georgia Residential Finance Authority $ -0- Local Assistance Grants $ 280,000 Total Funds Budgeted $

940,300 State Funds Budgeted $ 912,960 Total Positions Budgeted 16

2. Technical Assistance:

Personal Services $ 504,500 Regular Operating Expenses $ 21,695 Travel $ 36,000 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 21,285 Equipment Purchases $ -0- Computer Charges $ 3,100

Real Estate Rentals $ 27,287 Telecommunications $ 19,000 Per Diem, Fees and Contracts $ 24,100 Total

Funds Budgeted $ 656,967 State Funds Budgeted $ 534,316 Total Positions Budgeted 22

3. Planning and

Programming: Personal Services $ 747,000 Regular Operating Expenses $ 19,635 Travel $ 47,700 Motor

Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,700 Equipment Purchases $ 2,200 Computer

Charges $ 2,250 Real Estate Rentals $ 39,700 Telecommunications $ 17,425 Per Diem, Fees and Contracts $

8,124 Grants to Area Planning and Development Commissions $ 1,350,000 HUD 701 Planning Grants $ 325,604

Appalachian Regional Commission Assessment $ 144,985 Coastal Plains Regional Commission Assessment $ 55,000

Total Funds Budgeted $ 2,767,323 State Funds Budgeted $ 2,159,580 Total Positions Budgeted 32

4.

Community Betterment: Personal Services $ 255,000 Regular Operating Expenses $ 11,100 Travel $ 16,600

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,165 Equipment Purchases $ -0-

Computer Charges $ -0- Real Estate Rentals $ 13,640 Telecommunications $ 9,560 Per Diem, Fees and

Contracts $ 13,650 Total Funds Budgeted $ 325,715 State Funds Budgeted $ 320,615 Total Positions

Budgeted 11

5. Juvenile Justice Budget: Personal Services $ 94,640 Regular Operating Expenses $ 3,680

Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 500 Equipment

Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 3,640 Telecommunications $ 2,000 Per

Diem, Fees and Contracts $ 7,000 Juvenile Justice Grants $ 1,533,000 Total Funds Budgeted $ 1,646,460 State

Funds Budgeted $ 43,701 Total Positions Budgeted 4

6. Financial Management and Audits Budget:

Personal Services $ 93,000 Regular Operating Expenses $ 7,155 Travel $ 3,000 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 500 Equipment Purchases $ 500 Computer Charges $ -0- Real

Estate Rentals $ 3,640 Telecommunications $ 500 Per Diem, Fees and Contracts $ 2,000 Total Funds

Budgeted $ 110,295 State Funds Budgeted $ 54,217 Total Positions Budgeted 4

Budget Unit Object

Classes:

Personal Services $ 2,111,140 Regular Operating Expenses $ 97,872 Travel $ 115,550 Motor

Vehicle Equipment Purchases $ -0- Publications and Printing $ 44,250 Equipment Purchases $ 3,900

Computer Charges $ 5,350 Real Estate Rentals $ 199,750 Telecommunications $ 57,785 Per Diem, Fees and

Contracts $ 62,874 Capital Felony Expenses $ 50,000 Grants to Area Planning and Development Commissions $

1,350,000 HUD 701 Planning Grants $ 325,604 Local Assistance Grants $ 280,000 Appalachian Regional

Commission Assessment $ 144,985 Coastal Plains Regional Commission Assessment $ 55,000 Multi-State

Transportation Board $ 10,000 Juvenile Justice Grants $ 1,533,000 Payments to Georgia Residential Finance

Authority $ -0- Total Positions Budgeted 89 Authorized Motor Vehicles 4 Provided that of the above

appropriations $10,000 is designated and committed for The Multi-State Transportation Board. B. Budget Unit: Georgia

Residential Finance Authority $ -0- Georgia Residential Finance Authority Budget: Personal Services $

1,254,766 Regular Operating Expenses $ 153,160 Travel $ 73,000 Motor Vehicle Equipment Purchases $

50,000 Publications and Printing $ 34,500 Equipment Purchases $ 10,850 Computer Charges $ 9,000 Real

Estate Rentals $ 99,015 Telecommunications $ 70,000 Per Diem, Fees and Contracts $ 216,225 Rental

Assistance Payments $ 8,252,162 Grants to Housing Sponsors $ 475,000 Total Funds Budgeted $ 10,697,678

State Funds Budgeted $ -0- Total Positions Budgeted 68 Authorized Motor Vehicles 26

Budget Unit

Object Classes:

Personal Services $ 1,254,766 Regular Operating Expenses $ 153,160 Travel $ 73,000

Motor Vehicle Equipment Purchases $ 50,000 Publications and Printing $ 34,500 Equipment Purchases $ 10,850

Computer Charges $ 9,000 Real Estate Rentals $ 99,015 Telecommunications $ 70,000 Per Diem, Fees and

Contracts $ 216,225 Rental Assistance Payments $ 8,252,162 Grants to Housing Sponsors $ 475,000 Total

Positions Budgeted 68 Authorized Motor Vehicles 26

Page 1063

Provided that the Georgia Residential Finance Authority is authorized to initiate the Family Farm Program from existing

funds. Section 17. Office of Comptroller General. Budget Unit: Office of Comptroller General $ 4,691,831 1.

Internal Administration Budget: Personal Services $ 442,156 Regular Operating Expenses $ 65,172 Travel $

5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,500 Equipment Purchases $

1,770 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 13,650 Per Diem, Fees and

Contracts $ -0- Total Funds Budgeted $ 535,248 State Funds Budgeted $ 514,408 Total Positions Budgeted 21

2. Insurance Regulation Budget: Personal Services $ 885,292 Regular Operating Expenses $ 42,482 Travel $

6,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 89,940 Equipment Purchases $

3,540 Computer Charges $ 41,500 Real Estate Rentals $ 20,195 Telecommunications $ 22,100 Per Diem,

Fees and Contracts $ 6,000 Computer Equipment and Feasibility Study $ -0- Total Funds Budgeted $ 1,117,449

State Funds Budgeted $ 1,030,475 Total Positions Budgeted 45

3. Industrial Loans Regulation Budget:

Personal Services $ 312,592 Regular Operating Expenses $ 20,524 Travel $ 16,000 Motor Vehicle Equipment

Purchases $ 5,500 Publications and Printing $ 5,250 Equipment Purchases $ 150 Computer Charges $ -0-

Real Estate Rentals $ -0- Telecommunications $ 5,250 Per Diem, Fees and Contracts $ -0- Total Funds

Budgeted $ 365,266 State Funds Budgeted $ 359,015 Total Positions Budgeted 14

4. Information and

Enforcement Budget: Personal Services $ 803,278 Regular Operating Expenses $ 36,617 Travel $ 27,000

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,400 Equipment Purchases $ 1,730

Computer Charges $ -0- Real Estate Rentals $ 21,753 Telecommunications $ 29,650 Per Diem, Fees and

Contracts $ -0- Total Funds Budgeted $ 923,428 State Funds Budgeted $ 907,543 Total Positions Budgeted 45

5. Fire Safety and Mobile Home Regulation Budget: Personal Services $ 1,901,038 Regular Operating Expenses

$ 89,640 Travel $ 126,450 Motor Vehicle Equipment Purchases $ 49,500 Publications and Printing $ 16,500

Equipment Purchases $ 2,000 Computer Charges $ 5,516 Real Estate Rentals $ 36,844 Telecommunications $

25,630 Per Diem, Fees and Contracts $ 10,000 Total Funds Budgeted $ 2,263,118 State Funds Budgeted $

1,880,390 Total Positions Budgeted 104

Budget Unit Object Classes:

Personal Services $ 4,344,356

Regular Operating Expenses $ 254,435 Travel $ 180,850 Motor Vehicle Equipment Purchases $ 55,000

Publications and Printing $ 122,590 Equipment Purchases $ 9,190 Computer Charges $ 47,016 Real Estate

Rentals $ 78,792 Telecommunications $ 96,280 Computer Equipment and Feasibility Study $ -0- Per Diem,

Fees and Contracts $ 16,000 Total Positions Budgeted 229 Authorized Motor Vehicles 57

Page 1066

Section 18. Department of Defense. Budget Unit: Department of Defense $ 2,267,849 1. Administration and

Support of State Militia Budget: Personal Services $ 772,000 Regular Operating Expenses $ 78,207 Travel $

3,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,850 Equipment Purchases $

-0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 22,019 Per Diem, Fees and

Contracts $ 20,000 Military Assistance to Safety and Traffic Grant $ -0- Georgia Military Institute Grant $ 18,000

Civil Air Patrol Contract $ 40,000 Capital Outlay $ -0- Total Funds Budgeted $ 974,276 State Funds Budgeted

$ 938,935 Total Positions Budgeted 36

2. Civil Defense Budget: Personal Services $ 699,000 Regular

Operating Expenses $ 91,621 Travel $ 16,500 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 6,605 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0-

Telecommunications $ 25,164 Per Diem, Fees and Contracts $ -0- Local Civil Defense Grants - Training $ 42,619

Total Funds Budgeted $ 881,509 State Funds Budgeted $ 447,436 Total Positions Budgeted 32

3.

Construction and Facilities Maintenance Budget: Personal Services $ 102,840 Regular Operating Expenses $

118,180 Travel $ 2,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0-

Equipment Purchases $ 9,900 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0-

Per Diem, Fees and Contracts $ 500 Grants to National Guard Units $ 312,000 Capital Outlay $ -0- Total

Funds Budgeted $ 545,820 State Funds Budgeted $ 543,763 Total Positions Budgeted 5

4. Disaster

Preparedness and Recovery Budget: Personal Services $ 206,366 Regular Operating Expenses $ 9,930 Travel

$ 14,750 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,600 Equipment Purchases $

1,000 Computer Charges $ -0- Real Estate Rentals $ 4,560 Telecommunications $ 3,550 Per Diem, Fees

and Contracts $ -0- Total Funds Budgeted $ 243,756 State Funds Budgeted $ 11,217 Total Positions Budgeted

10

5. Service Contracts Budget: Personal Services $ 1,735,100 Regular Operating Expenses $ 1,462,669

Travel $ 2,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases

$ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and

Contracts $ -0- Total Funds Budgeted $ 3,200,069 State Funds Budgeted $ 326,498 Total Positions Budgeted

116

Budget Unit Object Classes:

Personal Services $ 3,515,306 Regular Operating Expenses $

1,760,607 Travel $ 39,150 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 31,055

Equipment Purchases $ 10,900 Computer Charges $ -0- Real Estate Rentals $ 4,560 Telecommunications $

50,733 Per Diem, Fees and Contracts $ 20,500 Military Assistance to Safety and Traffic Grant $ -0- National

Guard Units Grants $ 312,000 Georgia Military Institute Grant $ 18,000 Civil Air Patrol Contract $ 40,000

Capital Outlay $ -0- Local Civil Defense Grants - Training $ 42,619 Total Positions Budgeted 199 Authorized

Motor Vehicles 20

Page 1068

Section 19. State Board of Education - Department of Education. A. Budget Unit: Department of Education

$1,229,678,010 1. Instructional Services Budget: Personal Services $ 2,757,000 Regular Operating Expenses $

124,211 Travel $ 232,598 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 132,706

Equipment Purchases $ 11,380 Real Estate Rentals $ 136,859 Telecommunications $ 93,006 Per Diem, Fees

and Contracts $ 217,400 Utilities $ 6,689 Total Funds Budgeted $ 3,711,849 State Funds Budgeted $

1,708,548 Total Positions Budgeted 121

2. Governor's Honors Program Budget: Personal Services $

257,591 Regular Operating Expenses $ 23,098 Travel $ 3,300 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 1,600 Equipment Purchases $ 500 Real Estate Rentals $ 2,815

Telecommunications $ 4,800 Per Diem, Fees and Contracts $ 358,000 Total Funds Budgeted $ 651,704 State

Funds Budgeted $ 651,704 Total Positions Budgeted 2

3. Vocational Education Budget: Personal

Services $ 2,586,467 Regular Operating Expenses $ 163,201 Travel $ 225,304 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 62,966 Equipment Purchases $ 4,200 Real Estate Rentals $

126,771 Telecommunications $ 84,722 Per Diem, Fees and Contracts 2,286,450 Utilities $ 11,088 Total

Funds Budgeted $ 5,551,169 State Funds Budgeted $ 1,902,862 Total Positions Budgeted 112

4. Media

Services Budget: Personal Services $ 3,117,667 Regular Operating Expenses $ 1,730,275 Travel $ 64,413

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 219,996 Equipment Purchases $ 66,200

Real Estate Rentals $ 11,964 Telecommunications $ 67,489 Per Diem, Fees and Contracts $ 174,295 Utilities

$ 329,360 Capital Outlay $ -0- Total Funds Budgeted $ 5,781,659 State Funds Budgeted $ 4,653,213 Total

Positions Budgeted 180

5. Public Library Services Budget: Personal Services $ 818,952 Regular

Operating Expenses $ 321,858 Travel $ 4,450 Publications and Printing $ 15,894 Equipment Purchases $ -0-

Real Estate Rentals $ 120,298 Telecommunications $ 33,525 Per Diem, Fees and Contracts $ 78,619 Utilities

$ 10,798 Total Funds Budgeted $ 1,404,394 State Funds Budgeted $ 735,403 Total Positions Budgeted 52

6. State Administration Budget: Personal Services $ 829,680 Regular Operating Expenses $ 83,419 Travel $

43,180 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 28,476 Equipment Purchases $

7,000 Real Estate Rentals $ 55,576 Telecommunications $ 24,905 Per Diem, Fees and Contracts $ 247,497

Total Funds Budgeted $ 1,319,733 State Funds Budgeted $ 952,111 Total Positions Budgeted 34

7.

Administrative Services Budget: Personal Services $ 4,428,531 Regular Operating Expenses $ 235,592 Travel

$ 331,772 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 168,843 Equipment Purchases

$ 9,597 Computer Charges $ 730,792 Real Estate Rentals $ 258,856 Telecommunications $ 102,287 Per

Diem, Fees and Contracts $ 93,100 Utilities $ 4,466 Total Funds Budgeted $ 6,363,836 Indirect DOAS

Services Funding $ 130,000 State Funds Budgeted $ 4,001,289 Total Positions Budgeted 224

8.

Certification of Public School Personnel Budget: Personal Services $ 470,552 Regular Operating Expenses $

24,558 Travel $ 1,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,939

Equipment Purchases $ 675 Computer Charges $ -0- Real Estate Rentals $ 29,801 Telecommunications $

14,000 Per Diem, Fees and Contracts $ 23,400 Total Funds Budgeted $ 571,425 State Funds Budgeted $

531,267 Total Positions Budgeted 31

9. Planning and Development Budget: Personal Services $

1,975,233 Regular Operating Expenses $ 56,262 Travel $ 109,043 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 27,767 Equipment Purchases $ -0- Real Estate Rentals $ 95,228

Telecommunications $ 47,821 Per Diem, Fees and Contracts $ 1,262,361 Total Funds Budgeted $ 3,573,715

State Funds Budgeted $ 2,817,461 Total Positions Budgeted 84

10. Professional Standards Commission

Budget: Personal Services $ 47,182 Regular Operating Expenses $ 6,910 Travel $ 1,200 Publications and

Printing $ 6,050 Equipment Purchases $ 175 Real Estate Rentals $ 4,284 Telecommunications $ 2,269 Per

Diem, Fees and Contracts $ 46,990 Total Funds Budgeted $ 115,060 State Funds Budgeted $ 115,060 Total

Positions Budgeted 2

11. Vocational Advisory Council Budget: Personal Services $ 67,578 Regular

Operating Expenses $ 11,887 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 8,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 7,000

Telecommunications $ 5,000 Per Diem, Fees and Contracts $ 25,000 Total Funds Budgeted $ 131,965 State

Funds Budgeted $ -0- Total Positions Budgeted 3

12. Professional Practices Commission Budget:

Personal Services $ 167,994 Regular Operating Expenses $ 6,992 Travel $ 9,950 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 3,000 Equipment Purchases $ -0- Computer Charges $ -0- Real

Estate Rentals $ 17,877 Telecommunications $ 4,491 Per Diem, Fees and Contracts $ 21,000 Total Funds

Budgeted $ 231,304 State Funds Budgeted $ 176,733 Total Positions Budgeted 6

13. Local Programs

Budget: APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $ 496,706,279

Salaries of Instructional Personnel (Sec. 5) $ 81,005,200 Salaries of Instructional Personnel (Sec. 7) $ 18,989,448

Salaries of Student Supportive Personnel (Sec. 20 (a)) $ 21,750,904 Salaries of Administrative and Supervisory

Personnel (Sec. 21) $ 59,413,174 Special Education Leadership Personnel (Sec. 21(c) (2)) $ 2,362,775

Instructional Media (Sec.13) $ 19,812,299 Instructional Equipment (Sec. 14) $ 689,701 Maintenance and

Operation (Sec. 15) $ 88,062,974 Sick and Personal Leave (Sec. 16) $ 5,508,612 Travel (Sec. 17) $ 919,601

Pupil Transportation - (Sec. 25) $ 70,053,397 Isolated Schools $ 321,605 Mid-Term Adjustment $ 1,500,000

Non-APEG Grants: Education of Children of Low-Income Families $ 82,331,148 Driver Education $ -0-

Teacher Retirement $ 80,526,366 Instructional Services for the Handicapped $ 21,441,618 Preparation of

Professional Personnel in Education of Handicapped Children $ 75,000 Educational Training Services for the

Mentally Retarded $ -0- Tuition for the Multihandicapped $ 1,172,000 Severely Emotionally Disturbed $

14,147,043 Compensatory Education $ 12,746,747 Guidance, Counseling and Testing $ -0- School Library

Resources and Other Materials $ 4,062,878 School Lunch (Federal) $ 108,417,000 School Lunch (State) $

14,800,000 Supplementary Education Centers and Services $ 3,251,210 Staff Development $ 925,000

Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification $ 3,333,963

Cooperative Educational Service Agencies $ 3,480,170 Superintendents' Salaries $ 4,161,707 High School

Program $ 24,106,809 Area Vocational-Technical Schools $ 45,156,536 Career Education $ 325,162 Junior

College Vocational Program $ 1,718,120 Quick Start Program $ 2,800,000 Comprehensive Employment and

Training $ 3,595,000 Vocational Research and Curriculum $ 991,982 Adult Education $ 3,785,129 Salaries

and Travel of Public Librarians $ 3,889,943 Public Library Materials $ 3,681,991 Talking Book Centers $

666,258 Public Library Maintenance and Operation $ 2,425,950 Public Library Construction $ -0-

Comprehensive Planning $ -0- Competency-Based High School Graduation Requirements $ 240,000 Vocational

Special Disadvantaged $ -0- Instructional Aides $ 8,716,637 Teacher Health Insurance $ 29,030,384 Special

Projects $ -0- Nutritional Education $ 370,733 Regional ITV Projects $ -0- Basic Skills $ 82,727 Capital

Outlay (under 32-648a) $ 20,127,000 Grants to Local School Systems for Educational Purposes (Act 562) $

75,000,000 Indo-Chinese Refugee $ 167,064 Salaries of Extended Pre-School Personnel $ 8,757,329 Area

Vocational Technical School Construction $ -0- Total Funds Budgeted $1,457,602,573 State Funds Budgeted

$1,211,432,359 Total Positions Budgeted 0

Budget Unit Object Classes:

Personal Services $ 17,524,427

Regular Operating Expenses $ 2,788,263 Travel $ 1,033,710 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 682,737 Equipment Purchases $ 99,727 Computer Charges $ 730,792 Real Estate

Rentals $ 867,329 Telecommunications $ 484,315 Per Diem, Fees and Contracts $ 4,834,112 Utilities $

362,401 Capital Outlay $ -0- APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $

496,706,279 Salaries of Instructional Personnel (Sec. 5) $ 81,005,200 Salaries of Instructional Personnel (Sec. 7) $

18,989,448 Salaries of Student Supportive Personnel (Sec. 20 (a)) $ 21,750,904 Salaries of Administrative and

Supervisory Personnel (Sec. 21) $ 59,413,174 Special Education Leadership Personnel (Sec. 21(c) (2)) $ 2,362,775

Instructional Media (Sec. 13) $ 19,812,299 Instructional Equipment (Sec. 14) $ 689,701 Maintenance and

Operation (Sec. 15) $ 88,062,974 Sick and Personal Leave (Sec. 16) $ 5,508,612 Travel (Sec. 17) $ 919,601

Instructional Specialists $ -0- Pupil Transportation - Regular (Sec. 25) $ 70,053,397 Isolated Schools $ 321,605

Mid-Term Adjustment $ 1,500,000 Non-APEG Grants: Education of Children of Low-Income Families $

82,331,148 Driver Education $ -0- Teacher Retirement $ 80,526,366 Instructional Services for the

Handicapped $ 21,441,618 Preparation of Professional Personnel in Education of Handicapped Children $ 75,000

Educational Training Services for the Mentally Retarded $ -0- Tuition for the Multihandicapped $ 1,172,000

Severely Emotionally Disturbed $ 14,147,043 Compensatory Education $ 12,746,747 Guidance Counseling and

Testing $ -0- School Library Resources and Other Materials $ 4,062,878 School Lunch (Fed.) $ 108,417,000

School Lunch (State) $ 14,800,000 Supplementary Education Centers and Services $ 3,251,210 Staff

Development $ 925,000 Supervision and Assessment of Students and Beginning Teachers and Performance Based

Certification $ 3,333,963 Cooperative Educational Service Areas $ 3,480,170 Superintendents Salaries $

4,161,707 High School Program $ 24,106,809 Area School Program $ 45,156,536 Career Education $ 325,162

Junior College Program $ 1,718,120 Quick Start $ 2,800,000 Comprehensive Employment and Training $

3,595,000 Vocational Research and Curriculum $ 991,982 Adult Education $ 3,785,129 Salaries and Travel of

Public Librarians $ 3,889,943 Public Library Materials $ 3,681,991 Talking Book Centers $ 666,258 Public

Library M O $ 2,425,950 Public Library Construction $ -0- Comprehensive Planning $ -0- Competency-

Based High School Graduation Requirements $ 240,000 Vocational Special Disadvantaged $ -0- Instructional

Aides $ 8,716,637 Teacher Health Insurance $ 29,030,384 Special Projects $ -0- Nutritional Education $

370,733 Regional ITV Projects $ -0- Basic Skills $ 82,727 Capital Outlay (under 32-648a) $ 20,127,000

Grants to Local School Systems for Educational Purposes (Act 562) $ 75,000,000 Indo-Chinese Refugee $ 167,064

Salaries of Extended Pre-School Personnel $ 8,757,329 Area Vo-Tech School Construction $ -0- Total Positions

Budgeted 851 Authorized Motor Vehicles 17

B. Budget Unit: Institutions $ 12,363,174 1. Georgia

Academy for the Blind Budget: Personal Services $ 2,171,563 Regular Operating Expenses $ 214,330 Travel

$ 3,455 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,845 Equipment Purchases $

10,720 Telecommunications $ 12,413 Per Diem, Fees and Contracts $ 7,750 Utilities $ 116,011 Capital

Outlay $ 150,000 Total Funds Budgeted $ 2,690,087 State Funds Budgeted $ 2,375,010 Total Positions

Budgeted 158

2. Georgia School for the Deaf Budget: Personal Services $ 3,865,255 Regular Operating

Expenses $ 551,935 Travel $ 9,000 Motor Vehicle Equipment Purchases $ 60,000 Publications and Printing $

200 Equipment Purchases $ 27,900 Telecommunications $ 17,557 Per Diem, Fees and Contracts $ 20,250

Utilities $ 236,560 Capital Outlay $ 96,500 Total Funds Budgeted $ 4,885,157 State Funds Budgeted $

4,392,537 Total Positions Budgeted 270

3. Atlanta Area School for the Deaf Budget: Personal Services $

1,544,565 Regular Operating Expenses $ 177,697 Travel $ 4,016 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 2,000 Equipment Purchases $ 39,200 Telecommunications $ 14,884 Per Diem,

Fees and Contracts $ 2,500 Utilities $ 100,749 Capital Outlay $ -0- Total Funds Budgeted $ 1,885,611

State Funds Budgeted $ 1,640,250 Total Positions Budgeted 97

4. North Georgia Vocational-Technical

School Budget: Personal Services $ 1,992,261 Regular Operating Expenses $ 559,685 Travel $ 15,000

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,860 Equipment Purchases $ 76,243

Telecommunications $ 13,695 Per Diem, Fees and Contracts $ 2,500 Utilities $ 246,402 Capital Outlay $ -0-

Total Funds Budgeted $ 2,911,646 State Funds Budgeted $ 2,075,105 Total Positions Budgeted 104

5.

South Georgia Vocational-Technical School Budget: Personal Services $ 1,698,383 Regular Operating Expenses

$ 446,219 Travel $ 13,879 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $,4,070

Equipment Purchases $ 60,048 Telecommunications $ 12,089 Per Diem, Fees and Contracts $ 5,500 Utilities

$ 226,886 Capital Outlay $ -0- Total Funds Budgeted $ 2,467,074 State Funds Budgeted $ 1,880,272 Total

Positions Budgeted 97

Budget Unit Object Classes:

Personal Services $ 11,272,027 Regular Operating

Expenses $ 1,949,866 Travel $ 45,350 Motor Vehicle Equipment Purchases $ 60,000 Publications and Printing

$ 15,975 Equipment Purchases $ 214,111 Telecommunications $ 70,638 Per Diem, Fees and Contracts $

38,500 Utilities $ 926,608 Capital Outlay $ 246,500 Total Positions Budgeted 726 Authorized Motor

Vehicles 80

Page 1080

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. Provided, that of the above appropriation relative to Kindergarten Transportation, funds shall initially be allotted to local school systems on the

Page 1081

basis of one transportation unit ($10,513) for each 40 students. However, allotments shall not exceed actual cost of midday transportation by the local system. Provided, however, in order to extend the half-day 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 $10,513 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. 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.

Page 1082

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 (MO). Provided, that of the above appropriation for $925,000 for Staff Development, $92,500 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 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

Page 1083

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. Provided, that the funds appropriated herein for local school

construction shall be used to complete the funding of those projects for which F.Y. 1981 entitlements were sufficient to

cover eligible projects (pursuant to Section 48 of APEG), based on a total state entitlement of $100 million for F.Y. 1981.

Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System $ 1,250,000 Employees'

Retirement System Budget: Personal Services $ 533,000 Regular Operating Expenses $ 15,020 Travel $ 8,400

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,600 Equipment Purchases $ 4,500

Computer Charges $ 196,350 Real Estate Rentals $ 48,130 Telecommunications $ 9,718 Per Diem, Fees and

Contracts $ 350,663 Postage $ 35,000 Cost-of-Living Increases-Other Retirees $ 1,250,000 Total Funds Budgeted

$ 2,463,381 State Funds Budgeted $ 1,250,000 Total Positions Budgeted 28

Budget Unit Object Classes:

Personal Services $ 533,000 Regular Operating Expenses $ 15,020 Travel $ 8,400 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 12,600 Equipment Purchases $ 4,500 Computer Charges $ 196,350

Real Estate Rentals $ 48,130 Telecommunications $ 9,718 Per Diem, Fees and Contracts $ 350,663 Postage $

35,000 Cost-of-Living Increases-Other Retirees $ 1,250,000 Total Positions Budgeted 28 Authorized Motor

Vehicles 1

Page 1084

Section 21. Forestry Commission. Budget Unit: Forestry Commission $ 18,516,891 1. Reforestation Budget:

Personal Services $ 590,188 Regular Operating Expenses $ 517,616 Travel $ 3,800 Motor Vehicle Equipment

Purchases $ 21,970 Publications and Printing $ 1,824 Equipment Purchases $ 13,214 Computer Charges $

14,437 Real Estate Rentals $ -0- Telecommunications $ 9,376 Per Diem, Fees and Contracts $ 71,132

Capital Outlay $ -0- Total Funds Budgeted $ 1,243,557 State Funds Budgeted $ 334,753 Total Positions

Budgeted 31

2. Field Services Budget: Personal Services $ 13,325,200 Regular Operating Expenses $

3,187,467 Travel $ 85,000 Motor Vehicle Equipment Purchases $ 645,903 Publications and Printing $ 29,625

Equipment Purchases $ 1,266,529 Computer Charges $ 35,970 Real Estate Rentals $ 13,152

Telecommunications $ 419,028 Per Diem, Fees and Contracts $ 21,243 Ware County Grant $ 60,000 Capital

Outlay $ 135,800 Total Funds Budgeted $ 19,224,917 State Funds Budgeted $ 16,559,107 Total Positions

Budgeted 809

3. General Administration and Support Budget: Personal Services $ 603,000 Regular

Operating Expenses $ 87,821 Travel $ 17,600 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 39,489 Equipment Purchases $ -0- Computer Charges $ 73,944 Real Estate Rentals $ -0-

Telecommunications $ 17,500 Per Diem, Fees and Contracts $ 4,137 Contractual Research $ 392,000 Herty

Foundation $ -0- Total Funds Budgeted $ 1,235,491 State Funds Budgeted $ 1,223,031 Total Positions

Budgeted 25

4. Wood Energy Budget: Wood Energy Program $ 400,000 Total Funds Budgeted $

400,000 State Funds Budgeted $ 400,000 Total Positions Budgeted 2

Budget Unit Object Classes:

Personal Services $ 14,518,388 Regular Operating Expenses $ 3,792,904 Travel $ 106,400 Motor Vehicle

Equipment Purchases $ 667,873 Publications and Printing $ 70,938 Equipment Purchases $ 1,279,743

Computer Charges $ 124,351 Real Estate Rentals $ 13,152 Telecommunications $ 445,904 Per Diem, Fees and

Contracts $ 96,512 Contractual Research $ 392,000 Ware County Grant $ 60,000 Herty Foundation $ -0-

Wood Energy Program $ 400,000 Capital Outlay $ 135,800 Total Positions Budgeted 867 Authorized Motor

Vehicles 751

Page 1086

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 $450,000 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 $ 14,796,689 1. General Administration Budget: Personal Services $ 455,258 Regular Operating Expenses $ 26,570 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $

1,050 Computer Charges $ -0- Real Estate Rentals $ 31,777 Telecommunications $ 19,250 Per Diem, Fees

and Contracts $ 3,200 Postage $ 4,000 Capital Outlay $ -0- Total Funds Budgeted $ 548,605 State Funds

Budgeted $ 539,500 Total Positions Budgeted 23

2. Investigative Division Budget: Personal Services $

5,768,571 Regular Operating Expenses $ 1,055,115 Travel $ 282,500 Motor Vehicle Equipment Purchases $

151,408 Publications and Printing $ 18,000 Equipment Purchases $ 35,300 Computer Charges $ 700 Real

Estate Rentals $ 99,192 Telecommunications $ 189,275 Per Diem, Fees and Contracts $ 2,000 Evidence

Purchased $ 145,000 Postage $ 6,900 Capital Outlay $ -0- Total Funds Budgeted $ 7,753,961 State Funds

Budgeted $ 7,640,135 Total Positions Budgeted 222

3. Forensic Sciences Division Budget: Personal

Services $ 2,018,800 Regular Operating Expenses $ 415,160 Travel $ 25,000 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ 50,000 Computer Charges $ 99,436

Real Estate Rentals $ 11,190 Telecommunications $ 77,700 Per Diem, Fees and Contracts $ 500 Postage $

14,000 Capital Outlay $ -0- Total Funds Budgeted $ 2,716,786 State Funds Budgeted $ 2,676,410 Total

Positions Budgeted 89

4. Georgia Crime Information Center Budget: Personal Services $ 1,575,531

Regular Operating Expenses $ 95,056 Travel $ 9,000 Motor Vehicle Equipment Purchases $ 6,000

Publications and Printing $ 40,000 Equipment Purchases $ 1,160 Computer Charges $ 1,877,808 Real Estate

Rentals $ 3,600 Telecommunications $ 340,000 Per Diem, Fees and Contracts $ 4,000 Postage $ 20,000

Total Funds Budgeted $ 3,972,155 State Funds Budgeted $ 3,940,644 Total Positions Budgeted 97

Budget

Unit Object Classes:

Personal Services $ 9,818,160 Regular Operating Expenses $ 1,591,901 Travel $

321,500 Motor Vehicle Equipment Purchases $ 157,408 Publications and Printing $ 65,500 Equipment

Purchases $ 87,510 Computer Charges $ 1,977,944 Real Estate Rentals $ 145,759 Telecommunications $

626,225 Per Diem, Fees and Contracts $ 9,700 Evidence Purchased $ 145,000 Postage $ 44,900 Capital

Outlay $ -0- Total Positions Budgeted 431 Authorized Motor Vehicles 247

Page 1088

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.

Page 1089

Section 23. Georgia State Financing and Investment Commission. Budget Unit: Georgia State Financing and

Investment Commission $ -0- Departmental Operations Budget: Personal Services $ 779,234 Regular Operating

Expenses $ 30,980 Travel $ 7,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000

Equipment Purchases $ 1,500 Computer Charges $ 18,000 Real Estate Rentals $ 56,461 Telecommunications $

12,000 Per Diem, Fees and Contracts $ 110,000 Total Funds Budgeted $ 1,019,675 State Funds Budgeted $ -0-

Total Positions Budgeted 30

Budget Unit Object Classes: Personal Services $ 779,234 Regular Operating

Expenses $ 30,980 Travel $ 7,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000

Equipment Purchases $ 1,500 Computer Charges $ 18,000 Real Estate Rentals $ 56,461 Telecommunications $

12,000 Per Diem, Fees and Contracts $ 110,000 Total Positions Budgeted 30 Authorized Motor Vehicles 0 It is

the intent of this General Assembly that the allocation of General Obligation Bonds proceeds for the following project for

the Department of Industry and Trade authorized in Section 46 of this Act, shall be approximately as listed hereunder, if

and when bonds are issued to finance the construction of such project: Expansion of Georgia World Congress Center in

Atlanta $ 83,000,000

Page 1090

It is the intent of this General Assembly that none of the General Obligation Bonds authorized in this Appropriations Act shall be for a term of more than twenty years. Section 24. Office of the Governor. A. Budget Unit: Governor's Office $ 3,929,407 1. Governor's Office Budget: Cost of Operations $ 1,512,191 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,000,000 Intern Stipends and Travel $ 82,798 Total Funds Budgeted $ 3,634,989 State Funds Budgeted $ 3,615,313 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 $ 300,240 Regular Operating Expenses $ 12,668

Travel $ 12,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,500 Equipment

Purchases $ 1,100 Computer Charges $ -0- Real Estate Rentals $ 20,132 Telecommunications $ 10,459 Per

Diem, Fees and Contracts $ 30,000 Total Funds Budgeted $ 390,099 State Funds Budgeted $ 314,094 Total

Positions Budgeted 15

Budget Unit Object Classes:

Cost of Operations $ 1,512,191 Mansion Allowance

$ 40,000 Governor's Emergency Fund $ 2,000,000 Intern Stipends and Travel $ 82,798 Personal Services $

300,240 Regular Operating Expenses $ 12,668 Travel $ 12,000 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 3,500 Equipment Purchases $ 1,100 Computer Charges $ -0- Real Estate Rentals $

20,132 Telecommunications $ 10,459 Per Diem, Fees and Contracts $ 30,000 Total Positions Budgeted 15

Authorized Motor Vehicles 1

B. Budget Unit: Office of Planning and Budget $ 6,383,593 1. General

Administration and Support Budget: Personal Services $ 409,492 Regular Operating Expenses $ 87,430

Travel $ 9,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 30,000 Equipment

Purchases $ 1,000 Computer Charges $ -0- Real Estate Rentals $ 172,476 Telecommunications $ 12,000

Per Diem, Fees and Contracts $ 60,000 Total Funds Budgeted $ 781,398 State Funds Budgeted $ 756,651

Total Positions Budgeted 15

2. Council of the Arts Budget: Personal Services $ 128,078 Regular

Operating Expenses $ 8,853 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 7,100 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 18,716

Telecommunications $ 7,500 Per Diem, Fees and Contracts $ 8,000 Art Grants - State Funds $ 1,392,806 Art

Grants - Federal Funds $ 595,000 Art Grants - Donations $ 35,000 Total Funds Budgeted $ 2,206,053 State

Funds Budgeted $ 1,573,491 Total Positions Budgeted 8

3. Educational Development Budget: Personal

Services $ 262,000 Regular Operating Expenses $ 1,300 Travel $ 8,600 Motor Vehicle Equipment Purchases

$ -0- Publications and Printing $ -0- Equipment Purchases $ 600 Computer Charges $ -0- Real Estate

Rentals $ -0- Telecommunications $ 4,600 Per Diem, Fees and Contracts $ 8,000 Total Funds Budgeted $

285,100 State Funds Budgeted $ 279,860 Total Positions Budgeted 9

4. Intergovernmental Relations

Budget: Personal Services $ 187,255 Regular Operating Expenses $ 3,597 Travel $ 29,604 Motor Vehicle

Equipment Purchases $ -0- Publications and Printing $ 300 Equipment Purchases $ 1,200 Computer Charges

$ -0- Real Estate Rentals $ -0- Telecommunications $ 10,000 Per Diem, Fees and Contracts $ 2,000 Total

Funds Budgeted $ 233,956 State Funds Budgeted $ 230,211 Total Positions Budgeted 7

5. Management

Review Budget: Personal Services $ 529,465 Regular Operating Expenses $ 1,750 Travel $ 7,000 Motor

Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 1,190 Computer

Charges $ 27,000 Real Estate Rentals $ -0- Telecommunications $ 8,000 Per Diem, Fees and Contracts $

1,300 Total Funds Budgeted $ 575,705 State Funds Budgeted $ 565,116 Total Positions Budgeted 21

6.

Human Development Budget: Personal Services $ 319,523 Regular Operating Expenses $ 200 Travel $ 5,000

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 500

Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,900 Per Diem, Fees and Contracts

$ 7,000 Total Funds Budgeted $ 337,123 State Funds Budgeted $ 330,733 Total Positions Budgeted 11

7. Office of Consumer Affairs: Personal Services $ 856,000 Regular Operating Expenses $ 50,065 Travel $

15,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,500 Equipment Purchases $

1,500 Computer Charges $ 25,000 Real Estate Rentals $ 56,062 Telecommunications $ 102,000 Per Diem,

Fees and Contracts $ 7,000 Total Funds Budgeted $ 1,119,127 State Funds Budgeted $ 768,667 Total Positions

Budgeted 44

8. State Energy Office Budget: Personal Services $ 294,000 Regular Operating Expenses $

28,000 Travel $ 35,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 70,000

Equipment Purchases $ -0- Computer Charges $ 8,700 Real Estate Rentals $ -0- Telecommunications $

17,000 Per Diem, Fees and Contracts $ 4,530,000 Total Funds Budgeted $ 4,982,700 State Funds Budgeted $

281,082 Total Positions Budgeted 16

9. Governor's Committee on Post-Secondary Education Budget:

Personal Services $ 106,141 Regular Operating Expenses $ 7,610 Travel $ 3,680 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 5,470 Equipment Purchases $ -0- Computer Charges $ 3,100

Real Estate Rentals $ 8,110 Telecommunications $ 3,300 Per Diem, Fees and Contracts $ 13,500 Total Funds

Budgeted $ 150,911 State Funds Budgeted $ 78,788 Total Positions Budgeted 4

10. Facilities

Management Budget: Personal Services $ 96,023 Regular Operating Expenses $ 300 Travel $ 5,000 Motor

Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 1,000 Computer

Charges $ 169,000 Real Estate Rentals $ -0- Telecommunications $ 3,000 Per Diem, Fees and Contracts $

85,000 Total Funds Budgeted $ 361,323 State Funds Budgeted $ 359,403 Total Positions Budgeted 3

11. Physical and Economic Development Budget: Personal Services $ 347,000 Regular Operating Expenses $

5,000 Travel $ 19,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000

Equipment Purchases $ 1,000 Computer Charges $ 12,000 Real Estate Rentals $ -0- Telecommunications $

11,000 Per Diem, Fees and Contracts $ 70,000 Total Funds Budgeted $ 470,000 State Funds Budgeted $

305,350 Total Positions Budgeted 14

12. General Government and Protection of Persons and Property Budget:

Personal Services $ 325,984 Regular Operating Expenses $ 1,800 Travel $ 7,500 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 1,000 Computer Charges $ -0- Real

Estate Rentals $ -0- Telecommunications $ 5,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $

341,284 State Funds Budgeted $ 334,764 Total Positions Budgeted 11

13. Consumer's Utility Counsel

Budget: Personal Services $ 256,297 Regular Operating Expenses $ 11,706 Travel $ 7,000 Motor Vehicle

Equipment Purchases $ -0- Publications and Printing $ 900 Equipment Purchases $ -0- Computer Charges $

-0- Real Estate Rentals $ 13,000 Telecommunications $ 5,700 Per Diem, Fees and Contracts $ 30,000 Total

Funds Budgeted $ 324,603 State Funds Budgeted $ 319,477 Total Positions Budgeted 13

14. Criminal

Justice Coodinating Council Budget: Personal Services $ 142,935 Regular Operating Expenses $ 13,375

Travel $ 8,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment

Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 5,250 Telecommunications $ 5,500 Per

Diem, Fees and Contracts $ 14,240 Total Funds Budgeted $ 200,000 State Funds Budgeted $ 200,000 Total

Positions Budgeted 5

Budget Unit Object Classes:

Personal Services $ 4,260,193 Regular Operating

Expenses $ 220,986 Travel $ 165,084 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $

137,270 Equipment Purchases $ 8,990 Computer Charges $ 244,800 Real Estate Rentals $ 273,614

Telecommunications $ 199,500 Per Diem, Fees and Contracts $ 4,836,040 Art Grants - State Funds $ 1,392,806

Art Grants - Federal Funds $ 595,000 Art Grants - Donations $ 35,000 Total Positions Budgeted 181

Authorized Motor Vehicles 0

Page 1097

Provided, however, that of the above appropriation relative to Art Grants - State Funds, not less than 95% of $1,392,806

is designated and committed for Grants to Counties, Cities and Non-Profit Organizations in the State of Georgia. Section

25. Grants to Counties and Municipalities. Budget Unit: Grants to Counties and Municipalities $ 6,800,000 1.

Grants to Counties $ 2,600,000 Total Funds Budgeted $ 2,600,000 State Funds Budgeted $ 2,600,000

2.

Grants to Municipalities $ 4,200,000 Total Funds Budgeted $ 4,200,000 State Funds Budgeted $ 4,200,000

Budget Unit Object Classes:

Grants to Counties $ 2,600,000 Grants to Municipalities $ 4,200,000 Provided,

that the above sums shall be distributed and disbursed to the various counties and municipalities on a quarterly basis, such

payments to be made on the last day of each calendar quarter. Section 26. Department of Human Resources. A.

Budget Unit: Departmental Operations $ 198,665,102 1. General Administration and Support Budget: Personal

Services $ 11,958,520 Regular Operating Expenses $ 814,079 Travel $ 527,655 Motor Vehicle Equipment

Purchases $ 22,500 Publications and Printing $ 164,200 Equipment Purchases $ 24,625 Computer Charges $

1,237,550 Real Estate Rentals $ 2,686,675 Telecommunications $ 514,790 Per Diem, Fees and Contracts $

1,367,720 Utilities $ 141,120 Postage $ 515,435 Institutional Repairs and Maintenance $ 500,000 Capital

Outlay $ -0- Total Funds Budgeted $ 20,474,869 Indirect DOAS Services Funding $ 975,000 Indirect GBA

Funding $ -0- Agency Funds $ 9,447,724 Title XX Funds $ 1,916,390 State Funds Budgeted $ 8,135,755

Total Positions Budgeted 649 Authorized Motor Vehicles 7

Page 1098

General Administration and Support Functional Budgets Total Funds State Funds Pos. Commissioner's Office $ 599,810 $ 589,620 21 Child Care Licensing $ 1,199,415 $ 1,025,285 58 Laboratory Improvement $ 460,895 $ 305,355 19 Child Support Recovery $ 4,181,674 $ 553,425 194 Contract Management $ 181,525 $ 178,295 7 Public Affairs $ 305,415 $ 299,890 12 Office of Administrative Appeals $ 752,690 $ 742,690 22 Health Care Facilities Regulations $ 1,850,755 $ 507,150 69 Title XX Administration $ 944,490 $ 279,830 36 Administrative Policy, Coordination and Direction $ 82,035 $ 80,545 3 Personnel $ 1,331,435 $ 1,250,005 70 Administrative Support Services $ 1,685,230 $ 1,452,235 60 Office of Review and Investigation $ 1,072,455 $ 301,650 34 Systems Planning, Development and Training $ 322,295 $ 316,120 15 Program Analysis $ 141,050 $ 138,380 7 Electronic Data Processing, Planning and Coordination $ 1,599,350 $ 149,175 0 Facilities Management $ 3,508,995 $ 2,736,860 13 Regulatory Services - Program Direction and Support $ 255,355 $ 250,680

9 Indirect Cost $ -0- $ (3,021,435) 0 Undistributed $ -0- $ -0- 0 Total $ 20,474,869 $ 8,135,755 649

Page 1099

2. Financial Management Budget: Personal Services $ 4,233,430 Regular Operating Expenses $ 119,810 Travel $ 172,105 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,805 Equipment Purchases $ 21,865 Computer Charges $ -0- Real Estate Rentals $ 3,500 Telecommunications $ -0- Per Diem, Fees and Contracts $ 130,000 Utilities $ -0- Postage $ 100 Total Funds Budgeted $ 4,701,615 Title XX Funds $ 632,405 Agency Funds $ 1,297,215 State Funds Budgeted $ 2,771,995 Total Positions Budgeted 219 Authorized Motor Vehicles 0

Page 1100

Financial Management Functional Budgets Total Funds State Funds Pos.

Budget Administration $

883,585 $ 869,175 32 Accounting Services $ 2,271,530 $ 2,227,600 128 Auditing Services $ 1,546,500 $

1,520,170 59 Indirect Cost $ -0- $ (1,844,950) 0 Undistributed $ -0- $ -0- 0 Total $ 4,701,615 $ 2,771,995 219

3. Special Programs: Personal Services $ 1,854,355 Regular Operating Expenses $ 70,430 Travel $ 76,450

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,610 Equipment Purchases $ 390

Computer Charges $ -0- Real Estate Rentals $ 3,900 Telecommunications $ 58,535 Per Diem, Fees and

Contracts $ 23,314,570 Contract - Georgia Advocacy Office, Inc $ 215,000 Grant - Savannah Speech and Hearing

Center $ 39,947 Utilities $ -0- Postage $ -0- Benefits for Child Care $ 610,300 Total Funds Budgeted $

26,264,487 Title XX Funds $ 17,549,565 Indirect DOAS Services Funding $ -0- Agency Funds $ 3,911,145

State Funds Budgeted $ 4,803,777 Total Positions Budgeted 85 Authorized Motor Vehicles 103

Page 1101

Special Programs Functional Budgets Total Funds State Funds Pos.

State Economic Opportunity

Office $ 249,660 $ 121,100 8 District Programs, Director's Office $ 478,480 $ 469,740 18 Child Development

Administration $ 1,062,960 $ 239,740 44 Child Development Contracts - Foster Care $ 280,900 $ 11,025 0

Special Projects $ 687,847 $ 687,847 0 Child Development Contracts - Day Care $ 20,844,500 $ 2,059,130 0

Child Development Contracts - Home Management $ 617,600 $ 39,400 0 Child Development Contracts - Outreach $

643,320 $ 80,415 0 Information and Referral $ 325,340 $ 325,340 0 Troubled Children Benefits $ 610,300 $

610,300 0 Mental Health/Mental Retardation Advisory Council $ 43,720 $ 43,255 1 Council on Family Planning $

72,230 $ 6,090 2 Council on Aging $ 41,580 $ 41,190 1 Developmental Disabilities $ 236,050 $ -0- 9 Council

on Maternal and Infant Health $ 70,000 $ 69,205 2 Undistributed $ -0- $ -0- 0 Total $ 26,264,487 $ 4,803,777 85


Page 1102

4. Physical Health - Program Direction and Support Budget: Personal Services $ 1,820,015 Regular Operating Expenses $ 129,210 Travel $ 53,525 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 48,560 Equipment Purchases $ 7,000 Computer Charges $ 397,465 Real Estate Rentals $ -0Telecommunications $ 182,200 Per Diem, Fees and Contracts $ 14,550 Utilities $ -0- Postage $ 1,450 Total Funds Budgeted $ 2,653,975 Indirect DOAS Services Funding $ 462,000 Agency Funds $ 246,105 State Funds Budgeted $ 1,945,870 Total Positions Budgeted 102 Authorized Motor Vehicles 0

Page 1103

Physical Health - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Directors' Office $ 437,140 $ 320,865 7 Employee's Health $ 224,465 $ 128,585 9 Primary Health Care $ 235,050 $ 230,780 8 Health Program Management $ 380,140 $ 288,190 18 Vital Records $ 831,120 $ 801,910 53 Health Services Research $ 546,060 $ 175,540 7 Undistributed $ -0- $ -0- 0 Total $ 2,653,975 $ 1,945,870 102 5. Physical Health - Family Health Budget: Personal Services $ 5,368,675 Regular Operating Expenses $ 2,066,560 Travel $ 292,125 Motor Vehicle Equipment Purchases $ 7,755 Publications and Printing $ 119,600 Equipment Purchases $ 4,120 Computer Charges $ 172,895 Real Estate Rentals $ 8,400 Telecommunications $ 82,995 Per Diem, Fees and Contracts $ 6,573,235 Utilities $ -0- Postage $ 29,450 Regional Grants for Prenatal and Postnatal Care Programs $ 3,879,000 Crippled Children Benefits $ 3,150,000 Kidney Disease Benefits $ 550,000

Cancer Control Benefits $ 1,890,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 100,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants $ 25,000 Grant to Grady Hospital for Cystic Fibrosis Program $ 40,000 Contract with Emory University for Cancer Research $ 106,000 Contract with Emory University for Arthritis Research $ 188,850 Contract for Scoliosis Screening $ 15,000 Contract with Emory University for the Fetal Alcohol Syndrome Project $ 60,000 Family Planning Benefits $ 226,530 Total Funds Budgeted $ 24,956,190 Indirect DOAS Services Funding $ -0- Agency Funds $ 11,763,980 State Funds Budgeted $ 13,192,210 Total Positions Budgeted 280 Authorized Motor Vehicles 5

Page 1104

Physical Health - Family Health Functional Budgets Total Funds State Funds Pos.

Family Health

Management $ 6,333,660 $ 255,315 28 Cancer Control $ 2,489,215 $ 2,259,415 6 Crippled Children $ 4,559,015

$ 2,425,825 64 Immunization $ 468,655 $ -0- 24 Maternal Health $ 281,510 $ 277,885 6 Sexually Transmitted

Diseases $ 193,025 $ 189,780 7 Infant and Child Health $ 4,522,010 $ 4,411,965 12 Diabetes $ 245,365 $ 63,130

5 Chronic Disease $ 1,414,160 $ 1,403,220 22 Coordination, Education, Prevention $ 536,360 $ -0- 8

Malnutrition $ 507,075 $ -0- 16 Stroke and Heart Attack Prevention $ 132,675 $ 123,260 6 Family Planning $

774,335 $ 50,880 13 Epidemiology $ 681,735 $ 677,490 8 Dental Health $ 63,805 $ 62,765 3 Community

Tuberculosis Control $ 1,002,620 $ 991,280 25 Crippled Children-SSI $ 750,970 $ -0- 27 Undistributed $ -0- $

-0- 0 Total $ 24,956,190 $ 13,192,210 280

Page 1105

6. Physical Health - Community Health Budget: Personal Services $ 3,287,135 Regular Operating Expenses $ 492,885 Travel $ 64,145 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 40,015 Equipment Purchases $ 49,350 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,000 Per Diem, Fees and Contracts $ 171,000 Utilities $ -0- Postage $ 12,200 Total Funds Budgeted $ 4,120,730 Indirect DOAS Services Funding $ -0- Agency Funds $ 495,540 State Funds Budgeted $ 3,625,190 Total Positions Budgeted 175 Authorized Motor Vehicles 5

Page 1106

Physical Health - Community Health Functional Budgets Total Funds State Funds Pos.

Occupational

and Radiological Health $ 516,225 $ 506,915 19 Laboratory Services $ 3,017,145 $ 2,607,485 137 Emergency

Health $ 587,360 $ 510,790 19 Undistributed $ -0- $ -0- 0 Total $ 4,120,730 $ 3,625,190 175 7. Physical

Health - Local Services Budget: Personal Services $ 11,410,790 Regular Operating Expenses $ 25,492,894

Travel $ 463,349 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 31,590 Equipment

Purchases $ 58,710 Real Estate Rentals $ 160,575 Telecommunications $ 145,650 Per Diem, Fees and

Contracts $ 5,093,332 Utilities $ 6,350 Postage $ 26,395 Contract - Macon-Bibb County Hospital Authority $

1,050,000 Grant to Counties for Metabolic Disorders Screening and Treatment $ 42,800 Family Planning Benefits

$ 75,000 Midwifery Program Benefits $ 175,000 Crippled Children Benefits $ 1,162,625 Grants to Counties for

Teenage Pregnancy Prevention $ 250,000 Benefits for Medically Indigent High Risk Pregnant Women and Their

Infants $ 3,451,480 Grant for DeKalb County Mental Retardation Project $ 97,300 Grant for Chatham County

Mental Retardation Project $ 92,800 Grant-In-Aid to Counties $ 22,257,300 Total Funds Budgeted $ 71,543,940

Indirect DOAS Services Funding $ 125,000 Agency Funds $ 36,370,095 Title XX Funds $ 900,000 State

Funds Budgeted $ 34,148,845 Total Positions Budgeted 581 Authorized Motor Vehicles 2

Page 1107

Physical Health - Local Services Functional Budgets Total Funds State Funds Pos.

Minimum

Foundation $ 6,782,875 $ 6,312,105 236 Grant-In-Aid to Counties $ 23,150,100 $ 20,002,300 0 Stroke and Heart

Attack Prevention $ 1,118,720 $ 583,905 20 Family Planning $ 5,688,585 $ 435,595 192 Sickle Cell, Vision and

Hearing $ 316,045 $ 310,125 15 Sexually Transmitted Diseases $ 980,070 $ 95,270 26 High Risk Pregnant

Women and Their Infants $ 3,891,705 $ 3,812,435 19 Newborn Follow-Up Care $ 264,630 $ 259,710 12 District

Dental $ 855,800 $ 845,415 18 Teenage Pregnancy Prevention $ 250,000 $ 250,000 0 District Crippled Children

$ 2,064,370 $ 1,241,985 33 Mental Retardation Projects $ 190,100 $ -0- 0 Malnutrition $ 25,990,940 $ -0- 10

Undistributed $ -0- $ -0- 0 Total $ 71,543,940 $ 34,148,845 581

Page 1108

8. Mental Health - Program Direction and Support Budget: Personal Services $ 3,164,300 Regular Operating Expenses $ 124,030 Travel $ 165,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 50,300 Equipment Purchases $ 2,000 Computer Charges $ 907,500 Real Estate Rentals $ -0Telecommunications $ 127,900 Per Diem, Fees and Contracts $ 565,200 Utilities $ 2,500 Postage $ 1,700 Total Funds Budgeted $ 5,111,130 Title XX Funds $ 15,000 Indirect DOAS Services Funding $ 800,000 Agency Funds $ 1,226,080 State Funds Budgeted $ 3,070,050 Total Positions Budgeted 139

Page 1109

Mental Health - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Administration $ 2,441,340 $ 1,655,280 64 Special Projects and Contracts $ 688,600 $ -0- 9 Program Coordination $ 1,981,190 $ 1,414,770 66 Undistributed $ -0- $ -0- 0 Total $ 5,111,130 $ 3,070,050 139 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- Per Diem, Fees and Contracts $ 335,000 Utilities $ -0- Postage $ -0- W.I.N. Benefits $ 802,357 Grants to Fulton County for 24-hour Emergency Social Services $ 150,000 Benefits for Child Care $ 9,524,952 Homemaker Meals $ 102,330 Chatham County Homemaker Project $ 429,225 Douglas County Homemaker Project $ 115,690 Fulton County Homemaker Project $ 291,610 Total Funds Budgeted $ 11,751,164 Agency Funds $ 4,596,744 Title XX Funds $ 1,403,740 State Funds Budgeted $ 5,750,680 Total Positions Budgeted 0

Page 1110

Purchase of Social Services Functional Budgets Total Funds State Funds Pos.

Work Incentive Benefits

$ 802,357 $ 127,357 0 Grants to Fulton County for 24-hour Emergency Social Services $ 150,000 $ 150,000 0

Legal Services $ 335,000 $ 110,000 0 AFDC - Family Foster Care $ 2,499,472 $ 839,308 0 AFDC - Institutional

Foster Care $ 806,447 $ 270,812 0 Specialized Foster Care $ 53,564 $ 30,364 0 Child Welfare - Family Foster

Care $ 4,381,118 $ 2,861,118 0 Adoption Supplement $ 220,000 $ 220,000 0 Non-AFDC Institutional Foster Care

$ 182,157 $ 182,157 0 Liability Insurance $ 15,400 $ 15,400 0 Emergency Shelter Care $ 84,070 $ 24,070 0

Day Care $ 882,960 $ 462,960 0 Psychiatric, Psychological and Speech Therapy $ 128,064 $ 38,064 0 Maternity

Care $ 264,700 $ 264,700 0 Return of Runaways - County $ 7,000 $ 2,830 0 Homemaker Projects $ 938,855 $

151,540 0 Undistributed $ -0- $ -0- 0 Total $ 11,751,164 $ 5,750,680 0

Page 1111

10. Youth Services - Program Direction and Support: Personal Services $ 660,500 Regular Operating Expenses

$ 15,000 Travel $ 17,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000

Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 19,000

Per Diem, Fees and Contracts $ 2,500 Utilities $ -0- Postage $ -0- Benefits for Child Care $ -0- Total

Funds Budgeted $ 718,300 Indirect DOAS Services Funding $ -0- Agency Funds $ 11,810 State Funds

Budgeted $ 706,490 Total Positions Budgeted 29 Authorized Motor Vehicles 0

11. Services to the Aged

Budget: Personal Services $ 881,685 Regular Operating Expenses $ 22,375 Travel $ 41,260 Motor

Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,965 Equipment Purchases $ -0- Computer

Charges $ -0- Real Estate Rentals $ 930 Telecommunications $ 26,665 Per Diem, Fees and Contracts $

19,728,800 Utilities $ -0- Postage $ -0- Total Funds Budgeted $ 20,709,680 Title XX Funds $ 4,060,575

Agency Funds $ 14,959,060 State Funds Budgeted $ 1,690,045 Total Positions Budgeted 41 Authorized Motor

Vehicles 176

Page 1112

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

Title XX Adult Services $

4,931,065 $ 774,035 0 Administration and Planning $ 1,026,835 $ 228,280 41 Nutrition Grants $ 8,450,395 $

509,730 0 Areawide Grants $ 6,301,385 $ 178,000 0 Undistributed $ -0- $ -0- 0 Total $ 20,709,680 $

1,690,045 41 12. Vocational Rehabilitation - Program Direction and Support Budget: Personal Services $ 1,233,680 Regular Operating Expenses $ 79,295 Travel $ 64,180 Motor Vehicle Equipment Purchases $ -0Publications and Printing $ 23,185 Equipment Purchases $ 3,500 Computer Charges $ 433,420 Real Estate Rentals $ -0- Telecommunications $ 27,450 Per Diem, Fees and Contracts $ 271,310 Utilities $ -0- Postage $ 2,000 E.S.R.P. Case Services $ 150,000 Grants for Nephrology Centers $ 228,750 Total Funds Budgeted $ 2,516,770 Indirect DOAS Services Funding $ -0- Agency Funds $ 1,696,770 State Funds Budgeted $ 820,000 Total Positions Budgeted 53

Page 1113

Vocational Rehabilitation - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Program Direction and Support $ 1,738,495 $ 427,735 44 Grants Management $ 778,275 $ 392,265 9 Undistributed $ -0- $ -0- 0 Total $ 2,516,770 $ 820,000 53 13. Vocational Rehabilitation - Facilities Budget: Personal Services $ 2,710,075 Regular Operating Expenses $ 137,835 Travel $ 20,800 Motor Vehicle Equipment Purchases $ 40,200 Publications and Printing $ 700 Equipment Purchases $ 16,560 Computer Charges $ -0- Real Estate Rentals $ 102,900 Telecommunications $ 34,050 Per Diem, Fees and Contracts $ 105,300 Utilities $ 58,950 Postage $ 3,825 Capital Outlay $ -0- Case Services $ -0- Total Funds Budgeted $ 3,231,195 Indirect DOAS Services Funding $ -0- Agency Funds $ 2,639,140 Title XX Funds $ -0State Funds Budgeted $ 592,055 Total Positions Budgeted 161 Authorized Motor Vehicles 19

Page 1114

Vocational Rehabilitation - Facilities Functional Budgets Total Funds State Funds Pos.

Youth

Development Center - V.R. Unit $ 273,520 $ 49,445 14 Atlanta Rehabilitation Center $ 1,586,240 $ 293,030 70

Alto Rehabilitation Center $ 240,040 $ 43,420 13 Cave Spring Rehabilitation Center $ 297,220 $ 54,730 17

Central Rehabilitation Center $ 502,685 $ 90,970 28 Georgia Vocational Adjustment Center - Gracewood $ 331,490

$ 60,460 19 Undistributed $ -0- $ -0- 0 Total $ 3,231,195 $ 592,055 161 14. Roosevelt Warm Springs

Rehabilitation Institute: Personal Services $ 6,201,285 Regular Operating Expenses $ 989,680 Travel $

43,210 Motor Vehicle Equipment Purchases $ 33,355 Publications and Printing $ 15,900 Equipment Purchases

$ 70,465 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 117,670 Per Diem, Fees

and Contracts $ 581,950 Utilities $ 496,045 Postage $ 11,800 Case Services $ 85,000 Capital Outlay $ -0-

Operations $ -0- Total Funds Budgeted $ 8,646,360 Indirect DOAS Services Funding $ 50,000 Agency Funds

$ 6,271,550 State Funds Budgeted $ 2,324,810 Total Positions Budgeted 404 Authorized Motor Vehicles 23

Page 1115

Roosevelt Warm Springs Rehabilitation Institute - Functional Budgets Total Funds State Funds Pos. Administration $ 3,352,290 $ 1,691,860 131 Rehabilitation Services $ 4,297,490 $ -0- 231 Instruction $ 353,895 $ -0- 16 Independent Living $ 513,435 $ 505,970 21 Research/Training $ 129,250 $ 126,980 5 Undistributed $ -0- $ -0- 0 Total $ 8,646,360 $ 2,324,810 404 15. Georgia Factory for the Blind Budget: Personal Services $ 2,052,480 Regular Operating Expenses $ 3,870,420 Travel $ 53,285 Motor Vehicle Equipment Purchases $ 43,700 Publications and Printing $ 3,200 Equipment Purchases $ 223,200 Computer Charges $ -0- Real Estate Rentals $ 8,400 Telecommunications $ 15,640 Per Diem, Fees and Contracts $ 79,000 Utilities $ 67,600 Postage $ 4,300 Capital Outlay $ 185,040 Case Services $ 225,000 Total Funds Budgeted $ 6,831,265 Agency Funds $ 6,189,370 State Funds Budgeted $ 641,895 Total Positions Budgeted 36 Authorized Motor Vehicles 14

Page 1116

Georgia Factory for the Blind Functional Budgets Total Funds State Funds Pos.

Operations $

5,808,740 $ 185,040 0 Supervision $ 333,750 $ 327,110 19 Business Enterprise Vending Stand Project $ 688,775

$ 129,745 17 Undistributed $ -0- $ -0- 0 Total $ 6,831,265 $ 641,895 36 16. Vocational Rehabilitation -

Services Budget: Personal Services $ 12,701,085 Regular Operating Expenses $ 368,070 Travel $ 415,000

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,200 Equipment Purchases $ 15,000

Computer Charges $ -0- Real Estate Rentals $ 565,000 Telecommunications $ 348,800 Per Diem, Fees and

Contracts $ 276,400 Utilities $ 65,520 Postage $ 63,105 Contract with Vocational Rehabilitation Community

Facilities $ 3,365,970 Contract for Epilepsy $ 60,000 Case Services $ 11,824,230 Contract with the

Affirmative Industries $ 100,000 Cerebral Palsy Contract $ 130,000 Total Funds Budgeted $ 30,308,380

Indirect DOAS Services Funding $ 50,000 Agency Funds $ 21,242,390 State Funds Budgeted $ 9,015,990

Total Positions Budgeted 707 Authorized Motor Vehicles 5

17. Vocational Rehabilitation - Disability

Adjudication Budget: Personal Services $ 5,863,545 Regular Operating Expenses $ 237,630 Travel $ 16,800

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 43,270 Equipment Purchases $ 15,000

Computer Charges $ -0- Real Estate Rentals $ 422,000 Telecommunications $ 274,900 Per Diem, Fees and

Contracts $ 211,120 Utilities $ -0- Postage $ 114,000 Case Services $ 4,498,600 Total Funds Budgeted $

11,696,865 Agency Funds $ 11,696,865 State Funds Budgeted $ -0- Total Positions Budgeted 307

18.

Public Assistance Budget: Personal Services $ -0- Regular Operating Expenses $ 400,000 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- SSI-Supplement

Benefits $ 25,000 AFDC Benefits $ 182,368,956 Total Funds Budgeted $ 182,793,956 Agency Funds $

121,490,641 State Funds Budgeted $ 61,303,315 Total Positions Budgeted 0

Page 1118

Public Assistance Functional Budgets Total Funds State Funds Pos.

Refugee Benefits $ 400,000 $ -0-

0 AFDC Payments $ 182,368,956 $ 61,278,315 0 SSI - Supplement Benefits $ 25,000 $ 25,000 0 Undistributed

$ -0- $ -0- 0 Total $ 182,793,956 $ 61,303,315 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- Local Services Benefits Payments Grants $

47,596,240 Grants to Counties for Social Services $ 39,725,170 Total Funds Budgeted $ 87,321,410 Agency

Funds $ 28,256,445 Title XX Funds $ 20,220,900 State Funds Budgeted $ 38,844,065 Total Positions

Budgeted 0

Page 1119

Local Services - Community Services and Benefits Payments Functional Budgets Total Funds State Funds

Pos.

Local Services - Benefits Payments Grants $ 47,596,240 $ 23,560,795 0 Grants to Counties for Social

Services $ 39,725,170 $ 15,283,270 0 Undistributed $ -0- $ -0- 0 Total $ 87,321,410 $ 38,844,065 0 20.

Family and Children Services - Program Direction and Support Budget: Personal Services $ 6,317,065 Regular

Operating Expenses $ 241,710 Travel $ 278,730 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 565,410 Equipment Purchases $ 43,430 Computer Charges $ 3,371,065 Real Estate Rentals $

148,500 Telecommunications $ 830,055 Per Diem, Fees and Contracts $ 3,279,050 Utilities $ 8,415

Postage $ 203,520 Total Funds Budgeted $ 15,286,950 Agency Funds $ 9,004,130 Indirect DOAS Services

Funding $ 545,000 Title XX Funds $ 744,880 State Funds Budgeted $ 4,992,940 Total Positions Budgeted

315

Page 1120

Family and Children Services - Program Direction and Support Functional Budgets Total Funds State Funds

Pos.

Director's Office $ 513,950 $ -0- 12 Policy and Procedures $ 439,390 $ -0- 9 Training $ 705,315 $

64,150 13 Management Development $ 1,785,010 $ 847,310 79 Administrative Support $ 4,892,245 $ 1,700,215

23 Food Stamp $ 3,135,550 $ 234,725 15 District Program Operations $ 2,402,815 $ 1,352,125 105 Special

Services $ 1,145,565 $ 663,265 47 Eligibility Determination $ 267,110 $ 131,150 12 Undistributed $ -0- $ -0- 0

Total $ 15,286,950 $ 4,992,940 315 21. Family and Children Services - District Administration Budget:

Personal Services $ 566,630 Regular Operating Expenses $ 22,655 Travel $ 29,160 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real

Estate Rentals $ 22,900 Telecommunications $ 16,100 Per Diem, Fees and Contracts $ -0- Postage $ 2,900

Total Funds Budgeted $ 660,345 Agency Funds $ 298,165 Title XX Funds $ 73,055 Indirect DOAS Services

Funding $ -0- State Funds Budgeted $ 289,125 Total Positions Budgeted 19

Budget Unit Object Classes:

Personal Services $ 82,285,250 Regular Operating Expenses $ 35,694,568 Travel $ 2,794,779 Motor Vehicle

Equipment Purchases $ 147,510 Publications and Printing $ 1,169,510 Equipment Purchases $ 555,215

Computer Charges $ 6,519,895 Real Estate Rentals $ 4,133,680 Telecommunications $ 2,826,400 Per Diem,

Fees and Contracts $ 62,100,037 Utilities $ 846,500 Postage $ 992,180 Capital Outlay $ 185,040 Grants for Regional Prenatal and Postnatal Care Programs $ 3,879,000 Crippled Children Benefits $ 4,312,625 Kidney Disease Benefits $ 550,000 Cancer Control Benefits $ 1,890,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants $ 3,476,480 Family Planning Benefits $ 301,530 Benefits for Midwifery Program $ 175,000 Grants for DeKalb County Mental Retardation Project $ 97,300 Grants for Chatham County Mental Retardation Project $ 92,800 Grant-In-Aid to Counties $ 22,257,300 Grant - Savannah Speech and Hearing Center $ 39,947 Work Incentive Benefits $ 802,357 Grants to Fulton County for 24-hour Emergency Social Services $ 150,000 Benefits for Child Care $ 10,135,252 Homemaker Meals $ 102,330 Chatham County Homemaker Project $ 429,225 Douglas County Homemaker Project $ 115,690 Fulton County Homemaker Project $ 291,610 Grants for Nephrology Centers $ 228,750 Case Services $ 16,632,830 E.S.R.P. Case Services $ 150,000 SSI-Supplement Benefits $ 25,000 AFDC Benefits $ 182,368,956 Local Services Benefits Payments Grants $ 47,596,240 Grants to Counties for Social Services $ 39,725,170 Contract with Vocational Rehabilitation Community Facilities $ 3,365,970 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 100,000 Contract with the Affirmative Industries $ 100,000 Institutional Repairs and Maintenance $ 500,000 Contract with Emory University for Arthritis Research $ 188,850 Grant for Epilepsy Program $ 60,000 Grant to Grady Hospital for Cystic Fibrosis Program $ 40,000 Contract for Scoliosis Screening $ 15,000 Contract with Emory University for the Fetal Alcohol Syndrome Project $ 60,000 Contract - Georgia Advocacy Office, Inc $ 215,000 Grant for Teenage Pregnancy Prevention Program $ 250,000 Contract - Cancer Research at Emory $ 106,000 Contract - Macon-Bibb County Hospital Authority $ 1,050,000 Cerebral Palsy Contract $ 130,000 Grants to Counties for Metabolic Disorders Screening and Testing $ 42,800 Total Positions Budgeted 4,302

Page 1123

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 funds available in the Physical Health - Local Services Budget not less than $125,000 is

committed for continuation of the Community Cardiovascular Council Stroke-Screening 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

$61,278,315 in State funds for the purpose of making AFDC benefit payments. Provided that for Fiscal 1982, the

following maximum benefits and maximum standards of need shall apply: Number in Asst. Group Standards of Need

Maximum Monthly Amount

1 $ 106 $ 101 2 161 153 3 193 183 4 227 216 5 260 247 6 282 268

7 305 290 8 324 308 9 341 324 10 365 347 11 390 371

Page 1124

Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 95% of the above standard of needs. Provided, that of the above appropriation, $130,000 is designated and committed to operate the Rome Cerebral Palsy Center. 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 Postnatal Care Programs, $3,879,000 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 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.

Page 1125

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 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. It is the intent of this General Assembly that the State shall provide no more than 50 percent of The Medical School of Mercer University's total operating cost (including Capitation Grants). Provided further, quarterly expenditure reports and certified annual audits shall be provided to the State Auditor and General Assembly on a timely basis.

Page 1126

B. Budget Unit: State Health Planning and Development $ 376,400 State Health Planning and Development Budget:

Personal Services $ 732,840 Regular Operating Expenses $ 45,320 Travel $ 20,100 Publications and Printing

$ 7,500 Equipment Purchases $ 1,600 Computer Charges $ 30,000 Real Estate Rentals $ 75,700

Telecommunications $ 21,210 Per Diem, Fees and Contracts $ 140,000 Postage $ 5,000 Total Funds Budgeted

$ 1,079,270 Indirect DOAS Services Funding $ -0- Agency Funds $ 702,870 State Funds Budgeted $ 376,400

Total Positions Budgeted 33 Authorized Motor Vehicles 0

Budget Unit Object Classes:

Personal

Services $ 732,840 Regular Operating Expenses $ 45,320 Travel $ 20,100 Publications and Printing $ 7,500

Equipment Purchases $ 1,600 Computer Charges $ 30,000 Real Estate Rentals $ 75,700 Telecommunications

$ 21,210 Per Diem, Fees and Contracts $ 140,000 Postage $ 5,000 Total Positions Budgeted 33 Authorized

Motor Vehicles 0

C. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions

$ 236,254,418 1. Georgia Regional Hospital at Augusta Budget: Personal Services $ 7,428,929 Regular

Operating Expenses $ 1,030,200 Travel $ 10,760 Motor Vehicle Equipment Purchases $ 31,200 Publications

and Printing $ 5,200 Equipment Purchases $ 229,185 Computer Charges $ 77,000 Real Estate Rentals $ -0-

Telecommunications $ 77,420 Per Diem, Fees and Contracts $ 217,600 Utilities $ 252,500 Postage $ 8,300

Authority Lease Rentals $ 387,000 Capital Outlay $ -0- Total Funds Budgeted $ 9,755,294 Agency Funds $

1,284,795 Indirect DOAS Services Funding $ 60,000 State Funds Budgeted $ 8,410,499 Total Positions

Budgeted - July 1, 1981 492 Total Positions Budgeted - June 30, 1982 491 Authorized Motor Vehicles 23

2. Georgia Regional Hospital at Atlanta Budget: Personal Services $ 9,851,509 Regular Operating Expenses $

1,314,715 Travel $ 16,000 Motor Vehicle Equipment Purchases $ 8,000 Publications and Printing $ 9,100

Equipment Purchases $ 114,640 Computer Charges $ 108,000 Real Estate Rentals $ -0- Telecommunications

$ 110,000 Per Diem, Fees and Contracts $ 133,125 Utilities $ 360,000 Postage $ 10,000 Capital Outlay $

-0- Authority Lease Rentals $ 513,000 Total Funds Budgeted $ 12,548,089 Agency Funds $ 2,167,517

Indirect DOAS Services Funding $ 93,000 State Funds Budgeted $ 10,287,572 Total Positions Budgeted 649

Authorized Motor Vehicles 25

3. Georgia Regional Hospital at Savannah Budget: Personal Services $

7,583,183 Regular Operating Expenses $ 832,765 Travel $ 13,900 Motor Vehicle Equipment Purchases $

34,350 Publications and Printing $ 1,900 Equipment Purchases $ 106,660 Computer Charges $ 106,000

Real Estate Rentals $ -0- Telecommunications $ 91,400 Per Diem, Fees and Contracts $ 132,775 Utilities $

324,000 Postage $ 6,900 Authority Lease Rentals $ 500,000 Capital Outlay $ -0- Total Funds Budgeted $

9,733,833 Agency Funds $ 1,015,536 Indirect DOAS Services Funding $ 85,000 State Funds Budgeted $

8,633,297 Total Positions Budgeted - July 1, 1981 498 Total Positions Budgeted - June 30, 1982 495

Authorized Motor Vehicles 22

4. West Central Georgia Regional Hospital Budget: Personal Services $

6,554,833 Regular Operating Expenses $ 822,655 Travel $ 13,250 Motor Vehicle Equipment Purchases $

7,750 Publications and Printing $ 4,930 Equipment Purchases $ 29,535 Computer Charges $ 86,000 Real

Estate Rentals $ -0- Telecommunications $ 78,000 Per Diem, Fees and Contracts $ 36,720 Utilities $ 310,000

Postage $ 10,700 Authority Lease Rentals $ 666,500 Capital Outlay $ 500,000 Total Funds Budgeted $

9,120,873 Agency Funds $ 1,034,370 Indirect DOAS Services Funding $ 75,000 State Funds Budgeted $

8,011,503 Total Positions Budgeted - July 1, 1981 441 Total Positions Budgeted - June 30, 1982 433

Authorized Motor Vehicles 25

5. Northwest Georgia Regional Hospital at Rome Budget: Personal Services $

9,315,439 Regular Operating Expenses $ 1,037,690 Travel $ 12,330 Motor Vehicle Equipment Purchases $

62,330 Publications and Printing $ 1,360 Equipment Purchases $ 83,720 Computer Charges $ 118,000 Real

Estate Rentals $ -0- Telecommunications $ 79,850 Per Diem, Fees and Contracts $ 36,600 Utilities $ 886,000

Postage $ 7,000 Capital Outlay $ 660,000 Authority Lease Rentals $ 883,500 Total Funds Budgeted $

13,183,819 Agency Funds $ 2,866,580 Indirect DOAS Services Funding $ 85,000 State Funds Budgeted $

10,232,239 Total Positions Budgeted 652 Authorized Motor Vehicles 45

6. Gracewood State School and

Hospital Budget: Personal Services $ 23,879,345 Regular Operating Expenses $ 2,732,425 Travel $ 11,250

Motor Vehicle Equipment Purchases $ 106,650 Publications and Printing $ 6,640 Equipment Purchases $ 126,695

Computer Charges $ 79,000 Real Estate Rentals $ -0- Telecommunications $ 219,000 Per Diem, Fees and

Contracts $ 130,370 Utilities $ 1,284,000 Postage $ 13,200 Capital Outlay $ 1,945,000 Total Funds

Budgeted $ 30,533,575 Agency Funds $ 12,393,985 Indirect DOAS Services Funding $ 155,000 State Funds

Budgeted $ 17,984,590 Total Positions Budgeted - July 1, 1981 1,801 Total Positions Budgeted - June 30, 1982

1,745 Authorized Motor Vehicles 110

7. Southwestern State Hospital Budget: Personal Services $

16,112,264 Regular Operating Expenses $ 1,784,935 Travel $ 18,000 Motor Vehicle Equipment Purchases $

50,800 Publications and Printing $ 5,300 Equipment Purchases $ 116,775 Computer Charges $ 125,000

Real Estate Rentals $ -0- Telecommunications $ 116,600 Per Diem, Fees and Contracts $ 241,490 Utilities $

738,000 Postage $ 14,000 Capital Outlay $ 80,000 Total Funds Budgeted $ 19,403,164 Agency Funds $

5,801,232 Indirect DOAS Services Funding $ 90,000 State Funds Budgeted $ 13,511,932 Total Positions

Budgeted 1,157 Authorized Motor Vehicles 53

8. Georgia Retardation Center Budget: Personal Services

$ 13,595,230 Regular Operating Expenses $ 2,583,745 Travel $ 12,150 Motor Vehicle Equipment Purchases $

9,350 Publications and Printing $ 6,610 Equipment Purchases $ 74,075 Computer Charges $ 140,000 Real

Estate Rentals $ -0- Telecommunications $ 135,800 Per Diem, Fees and Contracts $ 132,050 Utilities $

907,300 Postage $ 9,350 Authority Lease Rentals $ 794,000 Capital Outlay $ -0- Total Funds Budgeted $

18,399,660 Agency Funds $ 9,086,205 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $

9,213,455 Total Positions Budgeted 930 Authorized Motor Vehicles 34

9. Georgia Mental Health Institute

Budget: Personal Services $ 8,282,724 Regular Operating Expenses $ 1,065,385 Travel $ 14,200 Motor

Vehicle Equipment Purchases $ 14,860 Publications and Printing $ 5,635 Equipment Purchases $ 80,790

Computer Charges $ 125,000 Real Estate Rentals $ -0- Telecommunications $ 145,500 Per Diem, Fees and

Contracts $ 607,890 Utilities $ 1,054,000 Postage $ 11,900 Authority Lease Rentals $ 450,000 Capital

Outlay $ -0- Total Funds Budgeted $ 11,857,884 Agency Funds $ 1,374,515 Indirect DOAS Services Funding

$ 193,000 State Funds Budgeted $ 10,290,369 Total Positions Budgeted 534 Authorized Motor Vehicles 20

10. Central State Hospital Budget: Personal Services $ 60,266,339 Regular Operating Expenses $ 8,440,790

Travel $ 21,520 Motor Vehicle Equipment Purchases $ 62,450 Publications and Printing $ 41,850 Equipment

Purchases $ 185,175 Computer Charges $ 435,000 Real Estate Rentals $ -0- Telecommunications $ 410,200

Per Diem, Fees and Contracts $ 196,400 Utilities $ 3,550,000 Postage $ 38,000 Authority Lease Rentals $

786,000 Capital Outlay $ 300,000 Total Funds Budgeted $ 74,733,724 Agency Funds $ 18,228,637 Indirect

DOAS Services Funding $ 589,000 State Funds Budgeted $ 55,916,087 Total Positions Budgeted - July 1, 1981

4,180 Total Positions Budgeted - June 30, 1982 4,113 Authorized Motor Vehicles 216

11. State Youth

Development Centers Budget: Personal Services $ 10,403,615 Regular Operating Expenses $ 1,290,365

Travel $ 8,000 Motor Vehicle Equipment Purchases $ 62,420 Publications and Printing $ 3,000 Equipment

Purchases $ 171,385 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 89,630 Per

Diem, Fees and Contracts $ 123,840 Utilities $ 672,100 Postage $ 18,465 Capital Outlay $ 200,000 Total

Funds Budgeted $ 13,042,820 Agency Funds $ 574,007 State Funds Budgeted $ 12,468,813 Total Positions

Budgeted 711 Authorized Motor Vehicles 103

12. Regional Youth Development Centers Budget:

Personal Services $ 5,274,335 Regular Operating Expenses $ 769,110 Travel $ 10,890 Motor Vehicle

Equipment Purchases $ 9,350 Publications and Printing $ 2,500 Equipment Purchases $ 36,850 Computer

Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 48,955 Per Diem, Fees and Contracts $ 67,800

Utilities $ 419,000 Postage $ 8,150 Capital Outlay $ 632,500 Reserve for Gwinnett County RYDC $ 200,000

Grants to County-Owned Detention Centers $ 1,844,220 Total Funds Budgeted $ 9,323,660 Agency Funds $

352,812 State Funds Budgeted $ 8,970,848 Total Positions Budgeted 383 Authorized Motor Vehicles 39

13. Community Mental Health/Mental Retardation Services Budget: Personal Services $ 7,672,100 Regular

Operating Expenses $ 486,630 Travel $ 50,635 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 8,640 Equipment Purchases $ 2,030 Computer Charges $ -0- Real Estate Rentals $ 80,920

Telecommunications $ 37,590 Per Diem, Fees and Contracts $ 249,900 Utilities $ 27,000 Postage $ 2,400

Capital Outlay $ 50,000 Drug Abuse Contracts $ 963,555 Day Care Centers for the Mentally Retarded $

38,830,000 MR Day Care Center Motor Vehicle Purchases $ 521,625 Developmental Disability Services Chiefs $

678,100 Group Homes for the Mentally Retarded $ 3,289,000 Supportive Living Staff $ 1,011,900 Supportive

Living Benefits $ 1,783,610 Georgia State Foster Grandparent/Senior Companion Program $ 514,000 Community

Residential Services Staff $ 1,496,000 Community Residential Services $ 2,559,800 Community Mental Health

Center Services $ 49,959,853 Project Rescue $ 231,800 Project ARC $ 155,000 Project Friendship $ 209,000

Group Homes for Autistic Children $ 202,000 Uniform Alcoholism Projects $ 1,935,530 Total Funds Budgeted $

113,008,618 Title XX $ 21,917,000 Agency Funds $ 37,043,617 State Funds Budgeted $ 54,048,001 Total

Positions Budgeted 419 Authorized Motor Vehicles 800

Page 1134

Community Mental Health/Mental Retardation Services Functional Budgets Total Funds State Funds Pos. Mental Health Community Assistance $ 4,799,805 $ 4,653,209 238 Outdoor Therapeutic Program $ 647,575 $ 639,975 24 Mental Retardation Community Assistance $ 1,336,710 $ 1,311,521 64 Central Pharmacy $ 93,840 $ 92,670 3 Metro Drug Abuse Centers $ 976,190 $ 338,550 47 Developmental Disability Service Chiefs $ 678,100 $ 678,100 0 Day Care Centers for the Mentally Retarded $ 39,631,895 $ 17,873,564 21 Supportive Living $ 2,795,510 $ 2,795,510 0 Group Homes for the Mentally Retarded $ 3,289,000 $ 3,289,000 0 Georgia State Foster Grandparent/Senior Companion Program $ 514,000 $ 514,000 0 Community Residential Services $ 4,055,800 $ 2,737,175 0 Group Homes for Autistic Children $ 202,000 $ 202,000 0 Project Rescue $ 231,800 $ 68,800 0 Drug Abuse Contracts $ 963,555 $ 245,125 0 Project ARC $ 155,000 $ 155,000 0 Project Friendship $ 209,000 $ 209,000 0 Community Mental Health Center Services $ 50,493,308 $ 16,309,272 22 Uniform Alcoholism Projects $ 1,935,530 $ 1,935,530 0 Undistributed $ -0- $ -0- 0 Total $ 113,008,618 $ 54,048,001 419

Page 1136

14. Community Youth Services Budget: Personal Services $ 6,917,885 Regular Operating Expenses $ 599,985 Travel $ 346,200 Motor Vehicle Equipment Purchases $ 18,700 Publications and Printing $ 3,750 Equipment Purchases $ 4,950 Computer Charges $ -0- Real Estate Rentals $ 267,190 Telecommunications $ 188,550 Per Diem, Fees and Contracts $ -0- Utilities $ 26,480 Postage $ 17,200 Child Care Benefits $ 15,000 Total Funds Budgeted $ 8,405,890 State Funds Budgeted $ 8,275,213 Total Positions Budgeted 421 Authorized Motor Vehicles 19 Community Youth Services Functional Budgets Total Funds State Funds Pos. Group Homes $ 440,230 $ 434,126 22 Community Detention $ 764,244 $ 758,698 18 Day Centers $ 512,840 $ 503,647 24 Community Treatment Centers $ 1,516,975 $ 1,490,526 82 Court Services $ 4,801,391 $ 4,724,033 257 Runaway Investigations $ 307,755 $ 302,522 15 Interstate Compact $ 62,455 $ 61,661 3 Undistributed $ -0- $ -0- 0 Total $ 8,405,890 $ 8,275,213 421

Page 1137

15. Regular Operating Expense Reserve Budget: Regular Operating Expense $ -0- Total Funds $ -0- State

Funds $ -0-

Budget Unit Object Classes:

Personal Services $ 193,137,730 Regular Operating Expenses

$ 24,791,395 Travel $ 559,085 Motor Vehicle Equipment Purchases $ 478,210 Publications and Printing $

106,415 Equipment Purchases $ 1,362,465 Computer Charges $ 1,399,000 Real Estate Rentals $ 348,110

Telecommunications $ 1,828,495 Per Diem, Fees and Contracts $ 2,306,560 Utilities $ 10,810,380 Postage $

175,565 Capital Outlay $ 4,367,500 Authority Lease Rentals $ 4,980,000 Grants to County-Owned Detention

Centers $ 1,844,220 Reserve for Gwinnett County RYDC $ 200,000 Drug Abuse Contracts $ 963,555 Day

Care Centers for the Mentally Retarded $ 38,830,000 MR Day Care Center Motor Vehicle Purchases $ 521,625

Developmental Disability Services Chiefs $ 678,100 Group Homes for the Mentally Retarded $ 3,289,000

Supportive Living Staff $ 1,011,900 Supportive Living Benefits $ 1,783,610 Georgia State Foster

Grandparent/Senior Companion Program $ 514,000 Community Residential Services Staff $ 1,496,000

Community Residential Services $ 2,559,800 Community Mental Health Center Services $ 49,959,853 Project

Rescue $ 231,800 Project ARC $ 155,000 Project Friendship $ 209,000 Group Homes for Autistic Children $

202,000 Uniform Alcoholism Projects $ 1,935,530 Child Care Benefits $ 15,000 Total Positions Budgeted -

July 1, 1981 13,268 Total Positions Budgeted - June 30, 1982 13,133 Authorized Motor Vehicles 1,534

Page 1138

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 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.

Page 1139

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 small group living situations or semi-independent 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 Community Mental Health Centers shall provide services to clients living within the geographic catchment area served by such centers without regard to the length of time such client has resided in such geographic catchment area if such client is otherwise eligible to receive services. Provided, that of the above appropriation relating to Supportive Living Benefits, the Department is provided the flexibility to contract with private homeproviders for services in the home and/or to provide small group residences for clients and/or provide respite care services for clients and/or other residential services needed to support clients in the communities. Provided, that of the above appropriation relating to Uniform Alcoholism Projects, $250,000 is designated and committed for projects at Waycross ($200,000) and Dalton ($50,000). Provided, however, it is the intent of this General Assembly that no additional Youth Services group homes or community treatment centers be started with Federal Funds without prior approval by the General Assembly of Georgia.

Page 1140

Provided, further it is the intent of this General Assembly that the Office of Planning and Budget is authorized and

directed to amend an additional $100,000 in agency income, if realized, above the amount contemplated in this bill for the

purpose of contracting for a comprehensive study of the State Forensic Services needs including physical plant

considerations. Section 27. Department of Industry and Trade. A. Budget Unit: Department of Industry and Trade $

8,474,198 1. Industry Budget: Personal Services $ 579,500 Regular Operating Expenses $ 10,900 Travel $

41,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 13,000 Equipment Purchases $

710 Computer Charges $ 14,300 Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and

Contracts $ 1,000 Total Funds Budgeted $ 660,410 State Funds Budgeted $ 648,820 Total Positions Budgeted

23

2. Research Budget: Personal Services $ 282,500 Regular Operating Expenses $ 5,000 Travel $

1,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 46,000 Equipment Purchases $

-0- Computer Charges $ 7,100 Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and

Contracts $ 18,100 Total Funds Budgeted $ 360,600 State Funds Budgeted $ 354,950 Total Positions

Budgeted 14

3. Tourism - Promotional Budget: Personal Services $ 588,000 Regular Operating Expenses

$ 68,500 Travel $ 59,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 228,100

Equipment Purchases $ 4,800 Computer Charges $ 22,900 Real Estate Rentals $ -0- Telecommunications $

-0- Per Diem, Fees and Contracts $ 90,650 Historic Chattahoochee Commission Contract $ 40,000 Total Funds

Budgeted $ 1,101,950 State Funds Budgeted $ 1,090,190 Total Positions Budgeted 30

4. Tourist -

Welcome Centers Budget: Personal Services $ 1,233,500 Regular Operating Expenses $ 285,500 Travel $

34,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $

8,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 10,000 Per Diem, Fees and

Contracts $ 4,450 Capital Outlay $ -0- Local Welcome Centers $ 95,000 Total Funds Budgeted $ 1,670,450

State Funds Budgeted $ 1,580,780 Total Positions Budgeted 99

5. Internal Administration Budget:

Personal Services $ 536,000 Regular Operating Expenses $ 236,670 Travel $ 18,000 Motor Vehicle

Equipment Purchases $ 8,600 Publications and Printing $ 40,000 Equipment Purchases $ 1,200 Computer

Charges $ 7,288 Real Estate Rentals $ 200,000 Telecommunications $ 110,045 Per Diem, Fees and Contracts

$ 16,000 Postage $ 160,000 Georgia Ports Authority - Authority Lease Rentals $ 2,597,500 Georgia Ports

Authority - General Obligation Bond Payments $ 700,000 Atlanta Council for International Visitors $ 25,000

Waterway Development in Georgia $ 25,000 Georgia Music Week Promotion $ 10,000 Georgia World Congress

Center Operating Expenses $ -0- Georgia World Congress Center Marketing Program $ -0- Total Funds Budgeted

$ 4,691,303 State Funds Budgeted $ 3,188,083 Total Positions Budgeted 25

6. International Budget:

Personal Services $ 474,000 Regular Operating Expenses $ 43,200 Travel $ 76,750 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 23,000 Equipment Purchases $ 2,845 Computer Charges $ 15,000

Real Estate Rentals $ 42,900 Telecommunications $ 22,660 Per Diem, Fees and Contracts $ 91,500 Total

Funds Budgeted $ 791,855 State Funds Budgeted $ 783,375 Total Positions Budgeted 15

7. Advertising

Budget: Advertising $ 828,000 Total Funds Budgeted $ 828,000 State Funds Budgeted $ 828,000 Total

Positions Budgeted 0

Budget Unit Object Classes:

Personal Services $ 3,693,500 Regular Operating

Expenses $ 649,770 Travel $ 230,650 Motor Vehicle Equipment Purchases $ 8,600 Publications and Printing

$ 350,100 Equipment Purchases $ 17,555 Computer Charges $ 66,588 Real Estate Rentals $ 242,900

Telecommunications $ 142,705 Per Diem, Fees and Contracts $ 221,700 Postage $ 160,000 Capital Outlay $

-0- Local Welcome Center Contracts $ 95,000 Advertising $ 828,000 Georgia Ports Authority - Authority

Lease Rentals $ 2,597,500 Georgia Ports Authority - General Obligation Bond Payments $ 700,000 Historic

Chattahoochee Commission Contract $ 40,000 Atlanta Council for International Visitors $ 25,000 Waterway

Development in Georgia $ 25,000 Georgia Music Week Promotion $ 10,000 Georgia World Congress Center

Operating Expenses $ -0- Total Positions Budgeted 206 Authorized Motor Vehicles 21

For general

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

B. Budget

Unit: Authorities $ -0- 1. Georgia World Congress Budget: Personal Services $ 2,552,579 Regular Operating

Expenses $ 912,947 Travel $ 22,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $

18,000 Equipment Purchases $ 30,000 Computer Charges $ 600 Real Estate Rentals $ -0-

Telecommunications $ 43,200 Per Diem, Fees and Contracts $ 157,680 Georgia World Congress Center

Marketing Program $ -0- Total Funds Budgeted $ 3,737,206 State Funds Budgeted $ -0- Total Positions

Budgeted 120

2. Georgia Ports Authority Budget: Personal Services $ 20,472,698 Regular Operating

Expenses and Computer Charges $ 7,117,411 Travel $ 371,972 Motor Vehicle Equipment Purchases, Equipment

Purchases and Capital Outlay $ 10,728,026 Publications and Printing $ 92,400 Real Estate Rentals $ 84,960

Telecommunications $ 258,940 Repayments for State General Obligation Bonds and Authority Lease Rental

Obligations $ 2,051,000 Per Diem, Fees and Contracts $ 1,035,540 Other Debt-Service Payments $ 595,000

Capital Reinvestment $ -0- Total Funds Budgeted $ 42,807,947 State Funds Budgeted $ -0- Total Positions

Budgeted 750

Budget Unit Object Classes:

Personal Services $ 23,025,277 Regular Operating Expenses

$ 912,947 Travel $ 394,172 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 110,400

Equipment Purchases $ 30,000 Computer Charges $ 600 Real Estate Rentals $ 84,960 Telecommunications $

302,140 Per Diem, Fees and Contracts $ 1,193,220 Regular Operating Expenses, Computer Charges $ 7,117,411

Motor Vehicle Equipment Purchases, Equipment Purchases and Capital Outlay $ 10,728,026 Repayments for State

General Obligation Bonds and Authority Lease Rental Obligations $ 2,051,000 Other Debt-Service Payments $

595,000 Capital Reinvestment $ -0- Georgia World Congress Center Marketing Program $ -0- Total Positions

Budgeted 870 Authorized Motor Vehicles 36

Page 1145

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.

Page 1146

Section 28. Department of Labor. A. Budget Unit: Inspection Division $ 704,902 Inspection Division Budget:

Personal Services $ 571,745 Regular Operating Expenses $ 10,250 Travel $ 114,000 Motor Vehicle

Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ 500 Computer Charges

$ -0- Real Estate Rentals $ 7,591 Telecommunications $ 6,500 Per Diem, Fees and Contracts $ 750 Total

Funds Budgeted $ 716,336 State Funds Budgeted $ 704,902 Total Positions Budgeted 29

Budget Unit

Object Classes:

Personal Services $ 571,745 Regular Operating Expenses $ 10,250 Travel $ 114,000

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ 500

Computer Charges $ -0- Real Estate Rentals $ 7,591 Telecommunications $ 6,500 Per Diem, Fees and

Contracts $ 750 Total Positions Budgeted 29

B. Budget Unit: Basic Employment, Work Incentive,

Correctional Services and Comprehensive Employment and Training $ 2,587,947

1. Basic Employment Security

and W.I.N. Budget: Personal Services $ 35,165,183 Regular Operating Expenses $ 2,613,810 Travel $

1,100,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 21,000 Equipment Purchases

$ 1,015,000 Computer Charges $ 817,500 Real Estate Rentals $ 1,398,131 Telecommunications $ 1,180,000

Per Diem, Fees and Contracts $ 1,700,000 W.I.N. Grants $ 700,000 Capital Outlay $ -0- Total Funds Budgeted

$ 45,710,624 State Funds Budgeted $ 1,173,818 Total Positions Budgeted 1,709

2. Comprehensive

Employment and Training Act (CETA) Budget: Personal Services $ 12,880,185 Regular Operating Expenses $

2,166,270 Travel $ 350,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,000

Equipment Purchases $ 250,000 Computer Charges $ 300,000 Real Estate Rentals $ 595,115

Telecommunications $ 325,000 Per Diem, Fees and Contracts (CETA) $ 1,100,000 CETA Direct Benefits $

100,000,000 Total Funds Budgeted $ 117,981,570 State Funds Budgeted $ -0- Total Positions Budgeted 603

3. Correctional Services Budget: Personal Services $ 1,270,672 Regular Operating Expenses $ 35,290 Travel

$ 40,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 100 Equipment Purchases $

1,000 Computer Charges $ 2,600 Real Estate Rentals $ 51,280 Telecommunications $ 20,600 Per Diem,

Fees and Contracts $ 18,000 Total Funds Budgeted $ 1,439,542 State Funds Budgeted $ 1,414,129 Total

Positions Budgeted 62

Budget Unit Object Classes:

Personal Services $ 49,316,040 Regular Operating

Expenses $ 4,815,370 Travel $ 1,490,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing

$ 36,100 Equipment Purchases $ 1,266,000 Computer Charges $ 1,120,100 Real Estate Rentals $ 2,044,526

Telecommunications $ 1,525,600 Per Diem, Fees and Contracts (CETA) $ 1,100,000 Per Diem, Fees and

Contracts $ 1,718,000 W.I.N. Grants $ 700,000 CETA Direct Benefits $ 100,000,000 Capital Outlay $ -0-

Total Positions Budgeted 2,374 Authorized Motor Vehicles 6

Page 1148

Section 29. Department of Law. Budget Unit: Department of Law $ 3,765,027 Attorney General's Office Budget:

Personal Services $ 3,276,016 Regular Operating Expenses $ 177,856 Travel $ 90,000 Motor Vehicle

Equipment Purchases $ 7,500 Publications and Printing $ 27,000 Equipment Purchases $ 8,675 Computer

Charges $ 20 Books for State Library $ 50,000 Real Estate Rentals $ 293,480 Telecommunications $ 72,200

Per Diem, Fees and Contracts $ 30,000 Capital Outlay $ -0- Total Funds Budgeted $ 4,032,747 State Funds

Budgeted $ 3,765,027 Total Positions Budgeted 116

Budget Unit Object Classes:

Personal Services $

3,276,016 Regular Operating Expenses $ 177,856 Travel $ 90,000 Motor Vehicle Equipment Purchases $

7,500 Publications and Printing $ 27,000 Equipment Purchases $ 8,675 Computer Charges $ 20 Real Estate

Rentals $ 293,480 Telecommunications $ 72,200 Per Diem, Fees and Contracts $ 30,000 Books for State

Library $ 50,000 Capital Outlay $ -0- Total Positions Budgeted 116 Authorized Motor Vehicles 1

Page 1149

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 $ 184,638,521 1. Commissioner's

Office Budget: Personal Services $ 1,162,622 Regular Operating Expenses $ 61,539 Travel $ 54,850

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,720 Equipment Purchases $ 6,360

Computer Charges $ -0- Real Estate Rentals $ 60,262 Telecommunications $ 36,095 Per Diem, Fees and

Contracts $ 18,360 Postage $ 3,400 Utilities $ 11,794 Audits Contracts $ -0- Total Funds Budgeted $

1,420,002 State Funds Budgeted $ 664,101 Total Positions Budgeted 64

2. Administration Budget:

Personal Services $ 881,563 Regular Operating Expenses $ 82,250 Travel $ 10,350 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 24,575 Equipment Purchases $ 1,500 Computer Charges $ -0-

Real Estate Rentals $ 90,000 Telecommunications $ 31,000 Per Diem, Fees and Contracts $ 286,400 Postage

$ 46,700 Utilities $ 14,790 Audits Contracts $ 599,700 Total Funds Budgeted $ 2,068,828 State Funds

Budgeted $ 744,889 Total Positions Budgeted 46

3. Program Management Budget: Personal Services $

1,617,920 Regular Operating Expenses $ 63,410 Travel $ 42,656 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 33,940 Equipment Purchases $ 10,560 Computer Charges $ -0- Real Estate Rentals

$ 74,687 Telecommunications $ 57,145 Per Diem, Fees and Contracts $ 102,500 Postage $ 400 Utilities $

11,800 Contract with Georgia Medical Care Foundation $ 1,487,305 Total Funds Budgeted $ 3,502,323 State

Funds Budgeted $ 1,328,191 Total Positions Budgeted 96

4. Operations Budget: Personal Services $

1,668,000 Regular Operating Expenses $ 60,320 Travel $ 4,400 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 250,400 Equipment Purchases $ 2,404 Computer Charges $ 7,139,120 Real Estate

Rentals $ 98,490 Telecommunications $ 68,580 Per Diem, Fees and Contracts $ -0- Postage $ 646,000

Utilities $ 26,000 Total Funds Budgeted $ 9,963,714 Indirect DOAS Services Funding $ 1,000,000 Agency

Funds $ 7,408,734 State Funds Budgeted $ 1,554,980 Total Positions Budgeted 119

5. Benefits Payments

Budget: Medicaid Benefits $ 569,557,800 Payments to Counties for Mental Health $ 10,150,000 Total Funds

Budgeted $ 579,707,800 State Funds Budgeted $ 180,346,360 Total Positions Budgeted 0

Budget Unit

Object Classes:

Personal Services $ 5,330,105 Regular Operating Expenses $ 267,519 Travel $ 112,256

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 313,635 Equipment Purchases $ 20,824

Computer Charges $ 7,139,120 Real Estate Rentals $ 323,439 Telecommunications $ 192,820 Per Diem, Fees

and Contracts $ 407,260 Postage $ 696,500 Utilities $ 64,384 Medicaid Benefits $ 569,557,800 Payments

to Counties for Mental Health $ 10,150,000 Audits Contracts $ 599,700 Contract with Georgia Medical Care

Foundation $ 1,487,305 Total Positions Budgeted 325 Authorized Motor Vehicles 5

Page 1152

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. Provided, further, that the Department is authorized to procure additional or new office facilities. Section 31.

Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Agency

Assessments $ 4,360,579 1. Applicant Services Budget: Personal Services $ 758,203 Regular Operating

Expenses $ 17,160 Travel $ 10,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $

50,000 Equipment Purchases $ 1,810 Computer Charges $ 503,131 Real Estate Rentals $ 785

Telecommunications $ 13,300 Per Diem, Fees and Contracts $ 1,500 Postage $ 75,000 Total Funds Budgeted

$ 1,430,889 Agency Assessments $ 1,415,725 Total Positions Budgeted 41

2. Classification and

Compensation Budget: Personal Services $ 419,900 Regular Operating Expenses $ 5,450 Travel $ 2,400

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,000 Equipment Purchases $ 200

Computer Charges $ 192,743 Real Estate Rentals $ -0- Telecommunications $ 5,500 Per Diem, Fees and

Contracts $ 1,000 Postage $ 2,300 Total Funds Budgeted $ 636,493 Agency Assessments $ 628,095 Total

Positions Budgeted 20

3. Program Evaluation and Audit Budget: Personal Services $ 271,292 Regular

Operating Expenses $ 12,701 Travel $ 1,000 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 500 Equipment Purchases $ 36,148 Computer Charges $ 250,565 Real Estate Rentals $ -0-

Telecommunications $ 4,100 Per Diem, Fees and Contracts $ -0- Postage $ 1,000 Total Funds Budgeted $

577,306 Agency Assessments $ 571,980 Total Positions Budgeted 14

4. Employee Training and

Development Budget: Personal Services $ 388,000 Regular Operating Expenses $ 16,580 Travel $ 16,000

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 11,000 Equipment Purchases $ 2,500

Computer Charges $ 19,274 Real Estate Rentals $ -0- Telecommunications $ 5,400 Per Diem, Fees and

Contracts $ 104,000 Postage $ 3,200 Total Funds Budgeted $ 565,954 Agency Assessments $ 558,194

Total Positions Budgeted 19

5. Health Insurance Administration Budget: Personal Services $ 395,750

Regular Operating Expenses $ 10,770 Travel $ 3,500 Motor Vehicle Equipment Purchases $ -0- Publications

and Printing $ 6,800 Equipment Purchases $ 1,900 Computer Charges $ 307,939 Real Estate Rentals $ 22,600

Telecommunications $ 27,775 Per Diem, Fees and Contracts $ 3,076,250 Postage $ 22,000 Total Funds

Budgeted $ 3,875,284 Other Health Insurance Agency Funds $ -0- Employer and Employee Contributions $

3,875,284 Total Positions Budgeted 24

6. Health Insurance Claims 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-

Telecommunications $ -0- Per Diem, Fees and Contracts $ 2,429,274 Postage $ -0- Health Insurance Claims $

112,630,000 Total Funds Budgeted $ 115,059,274 Other Health Insurance Agency Funds $ -0- Employer and

Employee Contributions $ 115,059,274 Total Positions Budgeted 0

7. Internal Administration Budget:

Personal Services $ 606,000 Regular Operating Expenses $ 13,310 Travel $ 2,500 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 5,300 Equipment Purchases $ 1,300 Computer Charges $ 53,611

Real Estate Rentals $ -0- Telecommunications $ 8,025 Per Diem, Fees and Contracts $ 6,500 Postage $ 3,000

Federal Sub-grants to State and Local Agencies $ 335,400 Total Funds Budgeted $ 1,034,946 Agency

Assessments $ 531,003 Employer and Employee Contributions $ 124,000 Deferred Compensation $ 20,925

Total Positions Budgeted 35

8. Commissioner's Office Budget: Personal Services $ 412,269 Regular

Operating Expenses $ 16,818 Travel $ 10,000 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 18,000 Equipment Purchases $ 950 Computer Charges $ -0- Real Estate Rentals $ 178,951

Telecommunications $ 6,700 Per Diem, Fees and Contracts $ 50,000 Postage $ 4,500 Total Funds Budgeted $

698,188 Agency Assessments $ 655,582 Total Positions Budgeted 15

Budget Unit Object Classes:

Personal Services $ 3,251,414 Regular Operating Expenses $ 92,789 Travel $ 45,400 Motor Vehicle

Equipment Purchases $ -0- Publications and Printing $ 98,600 Equipment Purchases $ 44,808 Computer

Charges $ 1,327,263 Real Estate Rentals $ 202,336 Telecommunications $ 70,800 Per Diem, Fees and

Contracts $ 5,668,524 Postage $ 111,000 Federal Sub-grants to State and Local Agencies $ 335,400 Health

Insurance Claim Payments $ 112,630,000 Total Positions Budgeted 168 Authorized Motor Vehicles 0

Page 1156

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. Provided, however, that the

Department is authorized to use funds, appropriated above for Personnel Services, to upgrade positions in the

Classification and Compensation, Applicant Services, Employee Training and Development, and Health Insurance

Administration Divisions. Section 32. Department of Natural Resources. A. Budget Unit: Department of Natural

Resources $ 47,027,224 1. Internal Administration Budget: Personal Services $ 1,914,000 Regular Operating

Expenses $ 195,449 Travel $ 27,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $

194,500 Equipment Purchases $ 13,550 Computer Charges $ 163,617 Real Estate Rentals $ 150,172

Telecommunications $ 73,150 Per Diem, Fees and Contracts $ 74,445 Postage $ 90,000 Capital Outlay -

Heritage Trust $ 75,000 Total Funds Budgeted $ 2,970,883 Receipts from Jekyll Island State Park Authority and

Stone Mountain Memorial Association $ 55,000 State Funds Budgeted $ 2,877,603 Total Positions Budgeted 92

2. Game and Fish Budget: Personal Services $ 10,042,139 Regular Operating Expenses $ 3,218,609 Travel $

94,608 Motor Vehicle Equipment Purchases $ 773,665 Publications and Printing $ 106,170 Equipment

Purchases $ 747,745 Computer Charges $ 55,142 Real Estate Rentals $ 41,317 Telecommunications $

192,242 Per Diem, Fees and Contracts $ 83,919 Postage $ 46,238 Capital Outlay - Hatchery Renovation $

13,000 Capital Outlay - Repairs and Maintenance $ 952,770 Capital Outlay $ 115,000 Grants to Local

Governments $ -0- Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition $ 350,000 Total

Funds Budgeted $ 16,832,564 State Funds Budgeted $ 13,858,709 Total Positions Budgeted 482

3. Parks,

Recreation and Historic Sites Budget: Personal Services $ 7,809,800 Regular Operating Expenses $ 3,529,298

Travel $ 118,500 Motor Vehicle Equipment Purchases $ 157,256 Publications and Printing $ 131,098

Equipment Purchases $ 202,622 Computer Charges $ 54,700 Real Estate Rentals $ 107,742

Telecommunications $ 221,061 Per Diem, Fees and Contracts $ 167,240 Postage $ 51,291 Capital Outlay $

2,833,700 Capital Outlay - Repairs and Maintenance $ 1,800,422 Capital Outlay - Shop Stock $ 300,000 Cost

of Material for Resale $ 750,000 Authority Lease Rentals $ 1,526,000 Land and Water Conservation Grants $

6,000,000 Recreation Grants $ 400,000 YACC and YCC Grants $ -0- Contract - Special Olympics, Inc. $

186,000 Georgia Sports Hall of Fame $ 50,000 Capital Outlay - User Fee Enhancements $ 1,054,000 Total

Funds Budgeted $ 27,450,730 State Funds Budgeted $ 14,128,942 Total Positions Budgeted 410

4.

Environmental Protection Budget: Personal Services $ 7,791,390 Regular Operating Expenses $ 645,419

Travel $ 288,150 Motor Vehicle Equipment Purchases $ 21,785 Publications and Printing $ 72,500 Equipment

Purchases $ 52,065 Computer Charges $ 170,000 Real Estate Rentals $ 419,222 Telecommunications $

158,200 Per Diem, Fees and Contracts $ 656,221 Postage $ 59,607 Solid Waste Grants $ 1,500,000 Water

and Sewer Grants $ 6,000,000 Contract with U.S. Geological Survey for Ground Water Resources Survey $ 227,670

Topographic Mapping U.S. Geological Survey $ 125,000 Total Funds Budgeted $ 18,187,229 State Funds

Budgeted $ 14,764,871 Total Positions Budgeted 345

5. Coastal Resources Budget: Personal Services $

698,953 Regular Operating Expenses $ 224,656 Travel $ 19,350 Motor Vehicle Equipment Purchases $ 14,100

Publications and Printing $ 27,240 Equipment Purchases $ 47,731 Computer Charges $ 13,560 Real Estate

Rentals $ -0- Telecommunications $ 24,612 Per Diem, Fees and Contracts $ 6,350 Postage $ 11,000

Capital Outlay $ -0- Capital Outlay - Repairs and Maintenance $ 3,770 Total Funds Budgeted $ 1,091,322

State Funds Budgeted $ 952,168 Total Positions Budgeted 29

6. Lake Lanier Islands Development Authority

Budget: Payments to Lake Lanier Islands Development Authority for Operations $ 322,248 Payments to Lake

Lanier Islands Development Authority for Capital Outlay $ 122,683 Total Funds Budgeted $ 444,931 State Funds

Budgeted $ 444,931 Total Positions Budgeted 0

7. 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

8.

Stone Mountain Memorial Association Budget: Payments to Stone Mountain Memorial Association $ -0- Total

Funds Budgeted $ -0- State Funds Budgeted $ -0- Total Positions Budgeted 0

Budget Unit Object Classes:

Personal Services $ 28,256,282 Regular Operating Expenses $ 7,813,431 Travel $ 547,608 Motor Vehicle

Equipment Purchases $ 966,806 Publications and Printing $ 531,508 Equipment Purchases $ 1,063,713

Computer Charges $ 457,019 Real Estate Rentals $ 718,453 Telecommunications $ 669,265 Per Diem, Fees

and Contracts $ 988,175 Postage $ 258,136 Land and Water Conservation Grants $ 6,000,000 Recreation

Grants $ 400,000 Young Adult Conservation Corps and Youth Conservation Corps Grants $ -0- Water and Sewer

Grants $ 6,000,000 Solid Waste Grants $ 1,500,000 Contract with U. S. Geological Survey for Ground Water

Resources Survey $ 227,670 Contract with U.S. Geological Survey for Topographic Maps $ 125,000 Capital

Outlay - Hatchery Renovation $ 13,000 Capital Outlay $ 2,948,700 Capital Outlay - Repairs and Maintenance $

2,756,962 Capital Outlay - Shop Stock $ 300,000 Capital Outlay - Heritage Trust $ 75,000 Authority Lease

Rentals $ 1,526,000 Cost of Material for Resale $ 750,000 Payments to Lake Lanier Islands Development

Authority for Operations $ 322,248 Payments to Lake Lanier Islands Development Authority for Capital Outlay $

122,683 Payments to Jekyll Island State Park Authority for Operations $ -0- Payments to Jekyll Island State Park

Authority for Capital Outlay $ -0- Contract - Special Olympics, Inc. $ 186,000 Grants to Local Governments $ -0-

Georgia Sports Hall of Fame $ 50,000 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition

$ 350,000 Payments to Stone Mountain Memorial Association $ -0- Capital Outlay - User Fee Enhancements $

1,054,000 Total Positions Budgeted 1,358 Authorized Motor Vehicles 1,015

Provided, that no land shall be

purchased for State park purposes from funds appropriated under this Section or from any other funds without the

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

however, that $1,000,000 of the above appropriation for Water and Sewer Grants shall be available for allotment to

counties and municipalities for emergency type projects, 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 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 to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to

include repairs and maintenance of State Parks and Historic Sites facilities.

B. Budget Unit: Authorities $ -0- 1.

Lake Lanier Islands Development Authority Budget: Personal Services $ 1,299,187 Regular Operating Expenses

$ 536,855 Travel $ 3,850 Motor Vehicle Equipment Purchases $ 40,600 Publications and Printing $ 40,446

Equipment Purchases $ 85,535 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $

29,387 Per Diem, Fees and Contracts $ 33,000 Capital Outlay $ 245,366 Campground Sinking Fund $ -0-

Promotion Expenses $ -0- Total Funds Budgeted $ 2,314,226 State Funds Budgeted $ -0- Total Positions

Budgeted 61

2. Jekyll Island State Park Authority Budget: Personal Services $ 2,206,609 Regular

Operating Expenses $ 1,551,810 Travel $ 16,345 Motor Vehicle Equipment Purchases $ 139,000 Publications

and Printing $ 26,086 Equipment Purchases $ 68,500 Computer Charges $ 9,091 Real Estate Rentals $ -0-

Telecommunications $ 30,177 Per Diem, Fees and Contracts $ 61,894 Mortgage Payments $ -0- Capital

Outlay and Transportation Systems $ 38,150 Promotion Expenses $ -0- Payments to the Department of Natural

Resources $ 30,000 Total Funds Budgeted $ 4,177,662 State Funds Budgeted $ -0- Total Positions Budgeted

155

Budget Unit Object Classes:

Personal Services $ 3,505,796 Regular Operating Expenses $

2,088,665 Travel $ 20,195 Motor Vehicle Equipment Purchases $ 179,600 Publications and Printing $ 66,532

Equipment $ 154,035 Computer Charges $ 9,091 Real Estate Rentals $ -0- Telecommunications $ 59,564

Per Diem, Fees and Contracts $ 94,894 Capital Outlay $ 245,366 Promotion Expense $ -0- Campground

Sinking Fund $ -0- Payments to the Department of Natural Resources $ 30,000 Mortgage Payments $ -0-

Capital Outlay and Transportation Systems $ 38,150 Total Positions Budgeted 216 Authorized Motor Vehicles 91


Page 1164

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 $ 103,138,392 1. General Administration and Support Budget: Personal Services $ 4,187,000 Regular Operating

Expenses $ 227,178 Travel $ 85,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $

-0- Equipment Purchases $ 16,500 Computer Charges $ 554,288 Real Estate Rentals $ 225,000

Telecommunications $ 145,418 Per Diem, Fees and Contracts $ 469,300 Utilities $ -0- Total Funds Budgeted

$ 5,909,884 State Funds Budgeted $ 5,826,144 Total Positions Budgeted 216

2. Georgia Training and

Development Center Budget: Personal Services $ 1,122,102 Regular Operating Expenses $ 133,415 Travel $

650 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 10,000

Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 16,750 Per Diem, Fees and Contracts

$ -0- Utilities $ 93,200 Total Funds Budgeted $ 1,376,117 State Funds Budgeted $ 1,353,675 Total

Positions Budgeted 67

3. Georgia Industrial Institute Budget: Personal Services $ 3,752,214 Regular

Operating Expenses $ 510,320 Travel $ 3,500 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ -0- Equipment Purchases $ 50,245 Computer Charges $ -0- Real Estate Rentals $ 30

Telecommunications $ 35,400 Per Diem, Fees and Contracts $ 1,800 Utilities $ 380,000 Capital Outlay $ -0-

Total Funds Budgeted $ 4,733,509 State Funds Budgeted $ 4,658,465 Total Positions Budgeted 247

4.

Alto Education and Evaluation Center Budget: Personal Services $ 1,159,200 Regular Operating Expenses $

71,090 Travel $ 2,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment

Purchases $ 6,500 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 3,900 Per

Diem, Fees and Contracts $ -0- Utilities $ -0- Total Funds Budgeted $ 1,242,990 State Funds Budgeted $

979,790 Total Positions Budgeted 51

5. Georgia Diagnostic and Classification Center Budget: Personal

Services $ 3,755,176 Regular Operating Expenses $ 517,505 Travel $ 2,200 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 31,000 Computer Charges $ -0-

Real Estate Rentals $ -0- Telecommunications $ 35,300 Per Diem, Fees and Contracts $ 3,300 Utilities $

432,200 Total Funds Budgeted $ 4,776,681 State Funds Budgeted $ 4,701,578 Total Positions Budgeted 247

6. Georgia State Prison Budget: Personal Services $ 8,618,702 Regular Operating Expenses $ 1,007,730

Travel $ 6,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases

$ 86,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 58,700 Per Diem, Fees

and Contracts $ 53,200 Utilities $ 975,000 Capital Outlay $ -0- Total Funds Budgeted $ 10,805,832 State

Funds Budgeted $ 10,601,532 Total Positions Budgeted 580

7. Consolidated Branches Budget: Personal

Services $ 3,404,647 Regular Operating Expenses $ 372,240 Travel $ 5,300 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 35,375 Computer Charges $ -0-

Real Estate Rentals $ -0- Telecommunications $ 40,000 Per Diem, Fees and Contracts $ 10,230 Utilities $

275,000 Total Funds Budgeted $ 4,142,792 State Funds Budgeted $ 3,915,672 Total Positions Budgeted 216

8. Lee Correctional Institution Budget: Personal Services $ 1,649,135 Regular Operating Expenses $ 177,905

Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases

$ 10,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 19,400 Per Diem, Fees

and Contracts $ -0- Utilities $ 175,000 Total Funds Budgeted $ 2,033,440 State Funds Budgeted $ 2,000,458

Total Positions Budgeted 117

9. Montgomery Correctional Institution Budget: Personal Services $ 971,837

Regular Operating Expenses $ 159,660 Travel $ 1,200 Motor Vehicle Equipment Purchases $ -0- Publications

and Printing $ -0- Equipment Purchases $ 1,950 Computer Charges $ -0- Real Estate Rentals $ -0-

Telecommunications $ 12,000 Per Diem, Fees and Contracts $ 2,600 Utilities $ 105,000 Capital Outlay $ -0-

Total Funds Budgeted $ 1,254,247 State Funds Budgeted $ 1,234,811 Total Positions Budgeted 59

10.

Walker Correctional Institution Budget: Personal Services $ 969,969 Regular Operating Expenses $ 155,340

Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases

$ 6,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 16,700 Per Diem, Fees

and Contracts $ -0- Utilities $ 104,000 Total Funds Budgeted $ 1,254,009 State Funds Budgeted $ 1,240,609

Total Positions Budgeted 62

11. Middle Georgia Correctional Institution - Women's Unit Budget: Personal

Services $ 1,556,052 Regular Operating Expenses $ 103,650 Travel $ -0- Motor Vehicle Equipment Purchases

$ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate

Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Utilities $ -0- Total Funds

Budgeted $ 1,659,702 State Funds Budgeted $ 1,628,581 Total Positions Budgeted 107

12. Jack T.

Rutledge Correctional Institution Budget: Personal Services $ 2,178,605 Regular Operating Expenses $ 244,730

Travel $ 1,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases

$ 9,265 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 12,000 Per Diem, Fees

and Contracts $ -0- Utilities $ 209,000 Total Funds Budgeted $ 2,655,100 State Funds Budgeted $ 2,611,528

Total Positions Budgeted 142

13. Middle Georgia Correctional Institution - Youthful Offender Unit Budget:

Personal Services $ 3,522,033 Regular Operating Expenses $ 586,740 Travel $ 4,000 Motor Vehicle

Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 7,800 Computer Charges $

-0- Real Estate Rentals $ 3,960 Telecommunications $ 72,000 Per Diem, Fees and Contracts $ -0- Utilities

$ 189,000 Payments to Central State Hospital for Utilities $ 364,300 Total Funds Budgeted $ 4,749,833 State

Funds Budgeted $ 4,679,393 Total Positions Budgeted 230

14. Central Correctional Institution Budget:

Personal Services $ 1,952,039 Regular Operating Expenses $ 221,510 Travel $ 2,000 Motor Vehicle

Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 1,500 Computer Charges $

-0- Real Estate Rentals $ -0- Telecommunications $ 13,000 Per Diem, Fees and Contracts $ -0- Utilities $

180,000 Total Funds Budgeted $ 2,370,049 State Funds Budgeted $ 2,331,009 Total Positions Budgeted 134

15. Middle Georgia Correctional Institution - Men's Unit Budget: Personal Services $ 1,495,772 Regular

Operating Expenses $ 127,000 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0-

Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Utilities $ -0- Payments to Central State

Hospital for Utilities $ -0- Total Funds Budgeted $ 1,622,772 State Funds Budgeted $ 1,592,857 Total

Positions Budgeted 99

16. Metro Correctional Institution Budget: Personal Services $ 1,859,717 Regular

Operating Expenses $ 244,870 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ -0- Equipment Purchases $ 1,000 Computer Charges $ -0- Real Estate Rentals $ 8,424

Telecommunications $ 14,000 Per Diem, Fees and Contracts $ -0- Utilities $ 195,000 Capital Outlay $ -0-

Total Funds Budgeted $ 2,326,011 State Funds Budgeted $ 2,288,817 Total Positions Budgeted 143

17.

Coastal Correctional Institution Budget: Personal Services $ 2,018,150 Regular Operating Expenses $ 262,315

Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases

$ -0- Computer Charges $ -0- Real Estate Rentals $ 4,800 Telecommunications $ 14,000 Per Diem, Fees

and Contracts $ -0- Utilities $ 195,000 Capital Outlay $ -0- Total Funds Budgeted $ 2,499,265 State Funds

Budgeted $ 2,390,265 Total Positions Budgeted 152

18. Central Institutional Administration Budget:

Personal Services $ 409,000 Regular Operating Expenses $ 36,812 Travel $ 25,000 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 46,000 Computer Charges $ -0-

Real Estate Rentals $ 2,100 Telecommunications $ 18,500 Per Diem, Fees and Contracts $ -0- Utilities $ -0-

Total Funds Budgeted $ 537,412 State Funds Budgeted $ 529,232 Total Positions Budgeted 17

19. Central

Funds Budget: Personal Services $ 347,400 Regular Operating Expenses $ 466,342 Travel $ 15,000 Motor

Vehicle Equipment Purchases $ -0- Publications and Printing $ 139,000 Equipment Purchases $ 22,175

Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 2,200 Per Diem, Fees and Contracts

$ -0- Utilities $ -0- Authority Lease Rentals $ 840,000 Minimum Security Facilities Renovation $ 500,000

Court Costs $ 300,000 Inmate Release Funds $ 525,000 County Subsidy $ 4,653,750 County Subsidy for Jails

$ 912,500 Central Repair Fund $ 450,000 Payments to Central State Hospital for Utilities $ 8,765 Capital

Outlay $ 3,440,000 Total Funds Budgeted $ 12,622,132 State Funds Budgeted $ 12,458,944 Total Positions

Budgeted 23

20. Training and Staff Development Center Budget: Personal Services $ 546,600 Regular

Operating Expenses $ 142,400 Travel $ 111,500 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 660 Equipment Purchases $ 5,300 Computer Charges $ -0- Real Estate Rentals $ 33,000

Telecommunications $ 12,000 Per Diem, Fees and Contracts $ -0- Utilities $ 21,900 Total Funds Budgeted $

873,360 State Funds Budgeted $ 862,428 Total Positions Budgeted 30

21. D.O.T. Work Details Budget:

Personal Services $ 400,000 Regular Operating Expenses $ 10,577 Travel $ -0- Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real

Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Utilities $ -0- Total

Funds Budgeted $ 410,577 State Funds Budgeted $ -0- Total Positions Budgeted 26

22. Food Processing

and Distribution Budget: Personal Services $ 2,008,800 Regular Operating Expenses $ 3,660,320 Travel $

4,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $

150,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 8,000 Per Diem, Fees

and Contracts $ -0- Utilities $ -0- Capital Outlay $ -0- Payments to Central State Hospital for Meals $

1,398,600 Payments to Central State Hospital for Utilities $ 40,600 Total Funds Budgeted $ 7,270,520 State

Funds Budgeted $ 6,867,580 Total Positions Budgeted 148

23. Farm Operations Budget: Personal

Services $ 458,000 Regular Operating Expenses $ 2,717,520 Travel $ -0- Motor Vehicle Equipment Purchases

$ -0- Publications and Printing $ -0- Equipment Purchases $ 46,265 Computer Charges $ -0- Real Estate

Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 7,800 Utilities $ -0- Capital

Outlay $ -0- Total Funds Budgeted $ 3,229,585 State Funds Budgeted $ 3,190,425 Total Positions Budgeted

28

24. Probation Operations Budget: Personal Services $ 10,053,000 Regular Operating Expenses $

281,640 Travel $ 235,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0-

Equipment Purchases $ 30,000 Computer Charges $ -0- Real Estate Rentals $ 213,000 Telecommunications $

165,000 Per Diem, Fees and Contracts $ -0- Utilities $ 5,000 Total Funds Budgeted $ 10,982,640 State

Funds Budgeted $ 10,784,080 Total Positions Budgeted 586

25. Transitional Centers Budget: Personal

Services $ 1,866,300 Regular Operating Expenses $ 186,700 Travel $ 7,000 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 12,000 Computer Charges $ -0-

Real Estate Rentals $ 359,920 Telecommunications $ 30,200 Per Diem, Fees and Contracts $ 40,600 Utilities

$ 206,000 Capital Outlay $ -0- Total Funds Budgeted $ 2,708,720 State Funds Budgeted $ 2,671,394 Total

Positions Budgeted 120

26. Diversion Centers Budget: Personal Services $ 2,453,336 Regular Operating

Expenses $ 207,180 Travel $ 16,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $

-0- Equipment Purchases $ 19,000 Computer Charges $ -0- Real Estate Rentals $ 248,272

Telecommunications $ 39,300 Per Diem, Fees and Contracts $ 14,000 Utilities $ 154,000 Total Funds

Budgeted $ 3,151,788 State Funds Budgeted $ 2,756,722 Total Positions Budgeted 160

27. Health Care

Budget: Personal Services $ 2,589,725 Regular Operating Expenses $ 591,600 Travel $ -0- Motor Vehicle

Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 108,825 Computer Charges

$ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Utilities $ -0-

Health Service Purchases $ 5,744,048 Total Funds Budgeted $ 9,034,198 State Funds Budgeted $ 8,982,403

Total Positions Budgeted 135

Budget Unit Object Classes:

Personal Services $ 65,304,511 Regular

Operating Expenses $ 13,424,289 Travel $ 540,750 Motor Vehicle Equipment Purchases $ -0- Publications

and Printing $ 139,660 Equipment Purchases $ 712,700 Computer Charges $ 554,288 Real Estate Rentals $

1,098,506 Telecommunications $ 783,768 Per Diem, Fees and Contracts $ 602,830 Utilities $ 3,894,300

Payments to Central State Hospital for Meals $ 1,398,600 Payments to Central State Hospital for Utilities $ 413,665

Minimum Security Facilities Renovation $ 500,000 Court Costs $ 300,000 Inmate Release Funds $ 525,000

County Subsidy $ 4,653,750 County Subsidy for Jails $ 912,500 Health Service Purchases $ 5,744,048 Central

Repair Fund $ 450,000 Authority Lease Rentals $ 840,000 Capital Outlay $ 3,440,000 Total Positions

Budgeted 4,142 Authorized Motor Vehicles 460 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. 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 $ 4,772,675 Board of Pardons and Paroles Budget:

Personal Services $ 4,244,800 Regular Operating Expenses $ 105,115 Travel $ 193,000 Motor Vehicle

Equipment Purchases $ -0- Publications and Printing $ 12,500 Equipment Purchases $ 8,000 Computer

Charges $ 18,000 Real Estate Rentals $ 115,456 Telecommunications $ 93,350 Per Diem, Fees and Contracts

$ 12,600 County Jail Subsidy $ 54,750 Total Funds Budgeted $ 4,857,571 State Funds Budgeted $ 4,772,675

Total Positions Budgeted 237

Budget Unit Object Classes:

Personal Services $ 4,244,800 Regular

Operating Expenses $ 105,115 Travel $ 193,000 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 12,500 Equipment Purchases $ 8,000 Computer Charges $ 18,000 Real Estate Rentals $ 115,456

Telecommunications $ 93,350 Per Diem, Fees and Contracts $ 12,600 County Jail Subsidy $ 54,750 Total

Positions Budgeted 237 Authorized Motor Vehicles 2

C. Budget Unit: Georgia Correctional Industries $ -0-

Georgia Correctional Industries Budget: Personal Services $ 1,280,841 Regular Operating Expenses $ 511,000

Travel $ 33,000 Motor Vehicle Equipment Purchases $ 86,000 Publications and Printing $ 2,000 Equipment

Purchases $ 90,000 Computer Charges $ 1,800 Real Estate Rentals $ 22,500 Telecommunications $ 38,000

Per Diem, Fees and Contracts $ 100,000 Cost of Sales $ 5,320,000 Repayment of Prior Year's Appropriations $

84,000 Capital Outlay $ -0- Total Funds Budgeted $ 7,569,141 State Funds Budgeted $ -0- Total Positions

Budgeted 66

Budget Unit Object Classes:

Personal Services $ 1,280,841 Regular Operating Expenses $

511,000 Travel $ 33,000 Motor Vehicle Equipment Purchases $ 86,000 Publications and Printing $ 2,000

Equipment Purchases $ 90,000 Computer Charges $ 1,800 Real Estate Rentals $ 22,500 Telecommunications

$ 38,000 Per Diem, Fees and Contracts $ 100,000 Cost of Sales $ 5,320,000 Repayment of Prior Year's

Appropriations $ 84,000 Capital Outlay $ -0- Total Positions Budgeted 66 Authorized Motor Vehicles 16

Page 1178

Section 34. Department of Public Safety. Budget Unit: Department of Public Safety $ 43,147,247 1. Office of

Highway Safety Budget: Personal Services $ 370,000 Regular Operating Expenses $ 19,570 Travel $ 17,850

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,500 Equipment Purchases $ 700

Computer Charges $ 10,780 Real Estate Rentals $ 30,071 Telecommunications $ 15,000 Per Diem, Fees and

Contracts $ 50,000 Postage $ 4,500 Total Funds Budgeted $ 523,971 State Funds Budgeted $ 116,643

Total Positions Budgeted 16

2. Administration Budget: Personal Services $ 2,191,867 Regular Operating

Expenses $ 244,720 Travel $ 70,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $

269,000 Equipment Purchases $ 5,000 Computer Charges $ 534,266 Real Estate Rentals $ -0-

Telecommunications $ 73,500 Per Diem, Fees and Contracts $ 60,500 Postage $ 1,800 Total Funds Budgeted

$ 3,450,653 Indirect DOAS Services Funding $ 500,000 State Funds Budgeted $ 2,906,816 Total Positions

Budgeted 127

3. Financial and Procurement Budget: Personal Services $ 367,801 Regular Operating

Expenses $ 19,393 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $

1,400 Equipment Purchases $ 2,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications

$ 9,975 Per Diem, Fees and Contracts $ -0- Postage $ 500 Total Funds Budgeted $ 403,069 Indirect DOAS

Services Funding $ -0- State Funds Budgeted $ 395,713 Total Positions Budgeted 19

4. Driver Support

Budget: Personal Services $ 1,741,176 Regular Operating Expenses $ 93,472 Travel $ 10,000 Motor

Vehicle Equipment Purchases $ -0- Publications and Printing $ 750,000 Equipment Purchases $ 6,800

Computer Charges $ 1,417,581 Real Estate Rentals $ -0- Telecommunications $ 53,550 Per Diem, Fees and

Contracts $ 4,500 Postage $ 525,415 Conviction Reports $ 180,000 Capital Outlay $ -0- Total Funds

Budgeted $ 4,782,494 Indirect DOAS Services Funding $ 1,000,000 State Funds Budgeted $ 3,713,148 Total

Positions Budgeted 115

5. Personnel and Training Budget: Personal Services $ 495,080 Regular

Operating Expenses $ 61,495 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 4,000 Equipment Purchases $ 1,000 Computer Charges $ -0- Real Estate Rentals $ -0-

Telecommunications $ 17,850 Per Diem, Fees and Contracts $ -0- Postage $ 300 Total Funds Budgeted $

583,725 State Funds Budgeted $ 573,823 Total Positions Budgeted 28

6. Fiscal Management Budget:

Personal Services $ 754,632 Regular Operating Expenses $ 725,725 Travel $ 2,700 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 107,000 Equipment Purchases $ 10,000 Computer Charges $ 250

Real Estate Rentals $ -0- Telecommunications $ 21,000 Per Diem, Fees and Contracts $ 6,000 Postage $

78,000 Total Funds Budgeted $ 1,705,307 State Funds Budgeted $ 1,690,214 Total Positions Budgeted 42

7. Field Operations Budget: Personal Services $ 23,701,030 Regular Operating Expenses $ 4,301,168 Travel

$ 25,260 Motor Vehicle Equipment Purchases $ 2,080,000 Publications and Printing $ 3,400 Equipment

Purchases $ 38,390 Computer Charges $ -0- Real Estate Rentals $ 8,094 Telecommunications $ 537,393

Per Diem, Fees and Contracts $ 14,840 Postage $ 25,250 Capital Outlay $ -0- Total Funds Budgeted $

30,734,825 State Funds Budgeted $ 30,264,380 Total Positions Budgeted 1,126

8. Georgia Peace Officer

Standards and Training Budget: Personal Services $ 556,916 Regular Operating Expenses $ 1,538,359 Travel

$ 25,000 Motor Vehicle Equipment Purchases $ 6,500 Publications and Printing $ 19,875 Equipment Purchases

$ -0- Computer Charges $ 45,738 Real Estate Rentals $ 39,250 Telecommunications $ 19,000 Per Diem,

Fees and Contracts $ 15,200 Postage $ 4,000 Total Funds Budgeted $ 2,269,838 State Funds Budgeted $

2,258,700 Total Positions Budgeted 25

9. Police Academy: Personal Services $ 384,178 Regular

Operating Expenses $ 119,200 Travel $ 6,300 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 13,200 Equipment Purchases $ 2,868 Computer Charges $ 150 Real Estate Rentals $ -0-

Telecommunications $ 8,125 Per Diem, Fees and Contracts $ 161,124 Postage $ 2,480 Total Funds Budgeted

$ 697,625 State Funds Budgeted $ 601,842 Total Positions Budgeted 16

10. Fire Academy: Personal

Services $ 242,467 Regular Operating Expenses $ 35,030 Travel $ 11,000 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 2,800 Equipment Purchases $ 3,400 Computer Charges $ -0-

Real Estate Rentals $ 15,182 Telecommunications $ 5,100 Per Diem, Fees and Contracts $ 75,000 Postage $

4,000 Total Funds Budgeted $ 393,979 State Funds Budgeted $ 367,130 Total Positions Budgeted 12

11. Georgia Firefighter Standards and Training Council Budget: Personal Services $ 96,845 Regular Operating

Expenses $ 8,830 Travel $ 8,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,500

Equipment Purchases $ 2,000 Computer Charges $ -0- Real Estate Rentals $ 3,000 Telecommunications $

3,000 Per Diem, Fees and Contracts $ 3,000 Postage $ 900 Total Funds Budgeted $ 129,775 State Funds

Budgeted $ 127,838 Total Positions Budgeted 4

12. Organized Crime Prevention Council Budget:

Personal Services $ 93,998 Regular Operating Expenses $ 15,962 Travel $ 10,000 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 1,700 Equipment Purchases $ -0- Computer Charges $ -0- Real

Estate Rentals $ 4,989 Telecommunications $ 2,250 Per Diem, Fees and Contracts $ 18,840 Postage $ 1,000

Total Funds Budgeted $ 148,739 State Funds Budgeted $ 85,000 Total Positions Budgeted 3

13. Georgia

Public Safety Training Facility Budget: Personal Services $ 37,000 Regular Operating Expenses $ 500 Travel

$ 2,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0-

Computer Charges $ -0- Real Estate Rentals $ 2,500 Telecommunications $ 1,000 Per Diem, Fees and

Contracts $ 2,500 Capital Outlay $ -0- Total Funds Budgeted $ 46,000 State Funds Budgeted $ 46,000

Total Positions Budgeted 1 Authorized Motor Vehicles 0

Budget Unit Object Classes:

Personal Services

$ 31,032,990 Regular Operating Expenses $ 7,183,424 Travel $ 195,310 Motor Vehicle Equipment Purchases

$ 2,086,500 Publications and Printing $ 1,181,375 Equipment Purchases $ 72,158 Computer Charges $ 2,008,765 Real Estate Rentals $ 103,086 Telecommunications $ 766,743 Per Diem, Fees and Contracts $ 411,504 Postage $ 648,145 Conviction Reports $ 180,000 Capital Outlay $ -0- Total Positions Budgeted 1,534 Authorized Motor Vehicles 1,048

Page 1183

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.

Page 1184

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 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 $ 11,374,727 Departmental Operations Budget: Payments to Employees' Retirement

System $ 156,627 Employer Contributions $ 11,218,100 Total Funds Budgeted $ 11,374,727 State Funds

Budgeted $ 11,374,727

Budget Unit Object Classes: Payments to Employees' Retirement System $ 156,627

Employer Contributions $ 11,218,100

Page 1185

Section 36. Public Service Commission . Budget Unit: Public Service Commission $ 3,285,453 1. Administration

Budget: Personal Services $ 692,521 Regular Operating Expenses $ 16,824 Travel $ 13,500 Motor

Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,150 Equipment Purchases $ 4,875 Computer

Charges $ -0- Real Estate Rentals $ 64,275 Telecommunications $ 28,000 Per Diem, Fees and Contracts $

1,000 Total Funds Budgeted $ 822,145 State Funds Budgeted $ 800,590 Total Positions Budgeted 25

2.

Transportation Budget: Personal Services $ 864,500 Regular Operating Expenses $ 126,660 Travel $ 33,000

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,500 Equipment Purchases $ 2,625

Computer Charges $ -0- Real Estate Rentals $ 50,721 Telecommunications $ 19,500 Per Diem, Fees and

Contracts $ 9,775 Total Funds Budgeted $ 1,115,281 State Funds Budgeted $ 1,097,991 Total Positions

Budgeted 47

3. Utilities Budget: Personal Services $ 1,078,211 Regular Operating Expenses $ 62,260

Travel $ 85,000 Motor Vehicle Equipment Purchases $ 6,250 Publications and Printing $ 2,111 Equipment

Purchases $ 7,450 Computer Charges $ 5,000 Real Estate Rentals $ 47,005 Telecommunications $ 37,700

Per Diem, Fees and Contracts $ 152,000 Total Funds Budgeted $ 1,482,987 State Funds Budgeted $ 1,386,872

Total Positions Budgeted 53

Budget Unit Object Classes:

Personal Services $ 2,635,232 Regular

Operating Expenses $ 205,744 Travel $ 131,500 Motor Vehicle Equipment Purchases $ 6,250 Publications and

Printing $ 11,761 Equipment Purchases $ 14,950 Computer Charges $ 5,000 Real Estate Rentals $ 162,001

Telecommunications $ 85,200 Per Diem, Fees and Contracts $ 162,775 Total Positions Budgeted 125

Authorized Motor Vehicles 26

Page 1186

Section 37. Regents, University System of Georgia. A. Budget Unit: Resident Instruction and University System Institutions $ 473,220,940 1. Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. $

352,528,227 Sponsored Operations $ 55,290,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $

98,085,973 Sponsored Operations $ 41,710,000 Office of Minority Business Enterprise $ 176,725 Special

Desegregation Programs $ 250,000 Satellite Medical Facility Program $ 500,000 Teachers' Retirement $

41,025,000 Authority Lease Rentals $ 20,877,000 Capital Outlay $ 14,600,000 Total Funds Budgeted $

625,042,925 Less Agency Funds: Departmental Income $ 13,500,000 Sponsored Income $ 97,000,000

Other Funds $ 101,725,000 Auxiliary Income $ 2,778,000 Indirect Communication Charges $ 3,027,300 State

Funds Budgeted $ 407,012,625 Total Positions Budgeted 16,350

Provided, that from appropriated funds in A,

the amount of $20,877,000 in F.Y. 1982 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. 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 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. $ 498,000 Sponsored Operations $ -0- Operating

Expenses: Educ., Gen., and Dept. Svcs. $ 272,620 Sponsored Operations $ -0- Total Funds Budgeted $

770,620 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 111,800

Indirect DOAS Services Funding $ 9,800 State Funds Budgeted $ 649,020 Total Positions Budgeted 22

3.

Skidaway Institute of Oceanography Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 653,000

Sponsored Operations $ 672,800 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 517,900 Sponsored

Operations $ 869,200 Total Funds Budgeted $ 2,712,900 Less Agency Funds: Departmental Income $ -0-

Sponsored Income $ 1,542,000 Other Funds $ 303,000 Indirect DOAS Services Funding $ -0- State Funds

Budgeted $ 867,900 Total Positions Budgeted 33

4. Marine Institute Budget: Personal Services:

Educ., Gen., and Dept. Svcs. $ 306,500 Sponsored Operations $ 196,000 Operating Expenses: Educ., Gen.,

and Dept. Svcs. $ 175,800 Sponsored Operations $ 154,000 Total Funds Budgeted $ 832,300 Less Agency

Funds: Departmental Income $ -0- Sponsored Income $ 350,000 Other Funds $ 10,000 Indirect DOAS

Services Funding $ -0- State Funds Budgeted $ 472,300 Total Positions Budgeted 18

5. Engineering

Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 7,647,000 Sponsored

Operations $ 19,736,235 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 6,341,000 Sponsored Operations

$ 16,165,006 Agricultural Research $ 391,500 Total Funds Budgeted $ 50,280,741 Less Agency Funds:

Departmental Income $ -0- Sponsored Income $ 35,901,241 Other Funds $ 9,528,000 Indirect DOAS Services

Funding $ 117,600 State Funds Budgeted $ 4,733,900 Total Positions Budgeted 273

6. Engineering

Extension Division Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 852,705 Sponsored Operations

$ 35,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 468,730 Sponsored Operations $ 15,000

Advanced Technology Development Center Total Funds Budgeted $ 1,716,535 Less Agency Funds:

Departmental Income $ -0- Sponsored Income $ 50,000 Other Funds $ 800,000 Indirect DOAS Services

Funding $ 12,200 State Funds Budgeted $ 854,335 Total Positions Budgeted 44

7. Agricultural

Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 15,415,300 Sponsored

Operations $ 3,575,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 7,208,300 Sponsored Operations

$ 1,925,000 Capital Outlay $ -0- Total Funds Budgeted $ 28,123,600 Less Agency Funds: Departmental

Income $ -0- Sponsored Income $ 5,500,000 Other Funds $ 6,180,600 Indirect DOAS Services Funding $

95,900 State Funds Budgeted $ 16,347,100 Total Positions Budgeted 805

8. Cooperative Extension Service

Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 17,806,000 Sponsored Operations $ 4,590,000

Operating Expenses: Educ., Gen., and Dept. Svcs. $ 2,912,500 Sponsored Operations $ 2,010,000 Total Funds

Budgeted $ 27,318,500 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ 6,600,000

Other Funds $ 4,875,500 Indirect DOAS Services Funding $ 126,700 State Funds Budgeted $ 15,716,300

Total Positions Budgeted 911

9. Eugene Talmadge Memorial Hospital Budget: Personal Services: Educ.,

Gen., and Dept. Svcs. $ 34,677,245 Sponsored Operations $ 2,377,513 Operating Expenses: Educ., Gen., and

Dept. Svcs. $ 16,891,420 Sponsored Operations $ 611,238 Capital Outlay - ETMH Renovations $ -0- Total

Funds Budgeted $ 54,557,416 Less Agency Funds: Departmental Income $ 837,201 Sponsored Income $

2,988,751 Other Funds $ 28,799,764 Board of Corrections $ 1,647,000 Indirect DOAS Services Funding $

193,500 State Funds Budgeted $ 20,091,200 Total Positions Budgeted 2,636

10. Veterinary Medicine

Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 670,000 Sponsored Operations

$ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $ 353,350 Sponsored Operations $ -0- Agricultural

Research $ 300,000 Disease Research $ 70,000 Fire Ant Research $ 150,000 Total Funds Budgeted $

1,543,350 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ -0-

Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 1,543,350 Total Positions Budgeted 33

11.

Veterinary Medicine Teaching Hospital Budget: Personal Services: Educ., Gen., and Dept. Svcs $ 633,332

Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs $ 742,668 Sponsored

Operations $ -0- Total Funds Budgeted $ 1,376,000 Less Agency Funds: Departmental Income $ -0-

Sponsored Income $ -0- Other Funds $ 1,050,000 Indirect DOAS Services Funding $ -0- State Funds

Budgeted $ 326,000 Total Positions Budgeted 64

12. Family Practice Residency Program Budget:

Personal Services: Educ., Gen., and Dept. Svcs $ 98,650 Operating Expenses: Educ., Gen., and Dept. Svcs. $

88,260 Capitation Contracts for Family Practice Residency $ 1,980,000 Residency Capitation Grants $ 1,785,000

New Program Development Contracts for Family Practice Residency $ 225,000 Student Preceptorships $ 135,000

Total Funds Budgeted $ 4,311,910 State Funds Budgeted $ 4,311,910 Total Positions Budgeted 4

Provided,

that of the above appropriation, $135,000 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.

13. Georgia Radiation Therapy Center Budget: Personal Services:

Educ., Gen., and Dept. Svcs $ 476,000 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and

Dept. Svcs $ 147,000 Sponsored Operations $ -0- Total Funds Budgeted $ 623,000 Less Agency Funds:

Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 328,000 Indirect DOAS Services Funding

$ -0- State Funds Budgeted $ 295,000 Total Positions Budgeted 28

Budget Unit Object Classes:

Personal Services: Educ., Gen., and Dept. Svcs. $ 432,261,959 Sponsored Operations $ 86,472,548 Operating

Expenses: Educ., Gen., and Dept. Svcs. $ 134,205,521 Sponsored Operations $ 63,459,444 Office of Minority

Business Enterprise $ 176,725 Special Desegregation Programs $ 250,000 Satellite Medical Facility Program $

500,000 Fire Ant Research $ 150,000 Agricultural Research $ 691,500 Disease Research $ 70,000

Advanced Technology Development Center $ 345,100 Capitation Contracts for Family Practice Residency $

1,980,000 New Program Development Contracts for Family Practice Residency $ 225,000 Residency Capitation

Grants $ 1,785,000 Student Preceptorships $ 135,000 Teachers' Retirement $ 41,025,000 Authority Lease

Rentals $ 20,877,000 Capital Outlay - ETMH Renovations $ -0- Capital Outlay $ 14,600,000 Total Positions

Budgeted 21,221

Provided, that none of the funds appropriated for Fire Ant Research shall be expended unless

matching funds are provided by the U.S.D.A.

B. Budget Unit: Regents Central Office $ 14,240,780 1. Regents

Central Office Budget: Personal Services $ 2,457,000 Operating Expenses $ 718,400 SREB Payments $

3,776,700 Medical Scholarships $ 510,000 Regents Opportunity Grants $ 500,000 Regents Scholarships $

200,000 Grants to Junior Colleges $ 5,936,680 Rental Payments to Georgia Military College $ 190,000 Total

Funds Budgeted $ 14,288,780 State Funds Budgeted $ 14,240,780 Total Positions Budgeted 99

Budget

Unit Object Classes:

Personal Services $ 2,457,000 Operating Expenses $ 718,400 SREB Payments $

3,776,700 Medical Scholarships $ 510,000 Regents Opportunity Grants $ 500,000 Regents Scholarships $

200,000 Grants to Junior Colleges $ 5,936,680 Rental Payments to Georgia Military College $ 190,000 Total

Positions Budgeted 99 Authorized Motor Vehicles 0

Page 1195

Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $772

per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student. It is the intent of the General Assembly that the State shall provide no more than 50 percent of The School of Medicine at Morehouse College's total operating cost (including capitation grants). Provided,

Page 1196

further, quarterly expenditure reports and certified annual audits shall be provided to the State Auditor and General

Assembly on a timely basis. Section 38. Department of Revenue. Budget Unit: Department of Revenue $ 30,889,879

1. Departmental Administration Budget: Personal Services $ 830,400 County Tax Officials/Retirement and FICA

$ 573,000 Regular Operating Expenses $ 40,240 Travel $ 15,900 Motor Vehicle Equipment Purchases $ 6,830

Publications and Printing $ 16,000 Equipment Purchases $ 2,730 Computer Charges $ 12,000 Real Estate

Rentals $ -0- Telecommunications $ 20,800 Per Diem, Fees and Contracts $ 5,000 Postage $ 100 Total

Funds Budgeted $ 1,523,000 Indirect Georgia Building Authority Rents $ -0- State Funds Budgeted $ 1,506,392

Total Positions Budgeted 31

2. Motor Vehicle Administration Budget: Personal Services $ 3,877,396

Regular Operating Expenses $ 199,810 Travel $ 5,600 Motor Vehicle Equipment Purchases $ -0- Publications

and Printing $ 200,000 Equipment Purchases $ 36,543 Computer Charges $ 2,367,665 Real Estate Rentals $

-0- Telecommunications $ 71,000 Per Diem, Fees and Contracts $ -0- Motor Vehicle Tag Purchases $

2,000,000 Motor Vehicle Decal Purchases $ 357,500 Postage $ -0- Total Funds Budgeted $ 9,115,514

Indirect DOAS Services Funding $ 1,050,000 State Funds Budgeted $ 7,987,967 Total Positions Budgeted 256

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $2,000,000 is designated and

committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 1,960,000

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 $ 1,075,898 Regular Operating Expenses

$ 57,958 Travel $ 70,000 Motor Vehicle Equipment Purchases $ 21,800 Publications and Printing $ 88,000

Equipment Purchases $ 1,800 Computer Charges $ 330,249 Real Estate Rentals $ -0- Telecommunications $

18,800 Per Diem, Fees and Contracts $ 106,500 Loans to Counties/Property Reevaluation $ -0- Grants to

Counties/Appraisal Staff $ 1,430,000 Intangible Tax Equalization Fund $ -0- Postage $ 11,000 Total Funds

Budgeted $ 3,212,005 Repayment of Loans to Counties/Property Revaluation $ -0- Indirect DOAS Services

Funding $ 250,000 State Funds Budgeted $ 2,940,488 Total Positions Budgeted 62

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 $ 1,309,715 Regular Operating Expenses $

17,030 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 68,000

Equipment Purchases $ 4,250 Computer Charges $ 556,150 Real Estate Rentals $ -0- Telecommunications $

23,980 Per Diem, Fees and Contracts $ -0- Postage $ 75,000 Total Funds Budgeted $ 2,057,125 Indirect

DOAS Services Funding $ 305,000 State Funds Budgeted $ 1,725,931 Total Positions Budgeted 85

5.

Motor Fuel Taxation Budget: Personal Services $ 598,000 Regular Operating Expenses $ 5,580 Travel $

2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 52,000 Equipment Purchases $

1,850 Computer Charges $ 240,591 Real Estate Rentals $ -0- Telecommunications $ 12,300 Per Diem, Fees

and Contracts $ -0- Postage $ -0- Total Funds Budgeted $ 912,321 Indirect DOAS Services Funding $

100,000 State Funds Budgeted $ 800,361 Total Positions Budgeted 37

6. Income Taxation Budget:

Personal Services $ 2,136,816 Regular Operating Expenses $ 40,890 Travel $ 3,000 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 325,000 Equipment Purchases $ 10,250 Computer Charges $

2,190,843 Real Estate Rentals $ -0- Telecommunications $ 37,050 Per Diem, Fees and Contracts $ -0-

Postage $ 210,000 Total Funds Budgeted $ 4,953,849 Indirect DOAS Services Funding $ 1,500,000 State

Funds Budgeted $ 3,411,433 Total Positions Budgeted 126

7. Central Audit Budget: Personal Services $

2,144,500 Regular Operating Expenses $ 11,376 Travel $ 400,000 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 2,500 Equipment Purchases $ 2,500 Computer Charges $ 3,500 Real Estate Rentals

$ 9,750 Telecommunications $ 14,500 Per Diem, Fees and Contracts $ -0- Postage $ 50 Total Funds

Budgeted $ 2,588,676 State Funds Budgeted $ 2,546,886 Total Positions Budgeted 82

8. Field Audit

Services Budget: Personal Services $ 5,574,096 Regular Operating Expenses $ 202,750 Travel $ 279,839

Motor Vehicle Equipment Purchases $ 36,800 Publications and Printing $ 66,500 Equipment Purchases $ 25,590

Computer Charges $ 79,734 Real Estate Rentals $ 157,500 Telecommunications $ 153,400 Per Diem, Fees and

Contracts $ -0- Postage $ 42,841 Total Funds Budgeted $ 6,619,050 Indirect DOAS Services Funding $

50,000 State Funds Budgeted $ 6,460,197 Total Positions Budgeted 308

9. Internal Administration Budget:

Personal Services $ 1,123,200 Regular Operating Expenses $ 142,780 Travel $ 1,000 Motor Vehicle

Equipment Purchases $ -0- Publications and Printing $ 300,000 Equipment Purchases $ 16,600 Computer

Charges $ 65,642 Real Estate Rentals $ 812,486 Telecommunications $ 13,780 Per Diem, Fees and Contracts

$ -0- Postage $ 1,057,200 Total Funds Budgeted $ 3,532,688 Indirect Georgia Building Authority Rents $ -0-

State Funds Budgeted $ 3,510,224 Total Positions Budgeted 70

Budget Unit Object Classes:

Personal

Services $ 18,670,021 County Tax Officials/Retirement and FICA $ 573,000 Regular Operating Expenses $

718,414 Travel $ 780,339 Motor Vehicle Equipment Purchases $ 65,430 Publications and Printing $ 1,118,000

Equipment Purchases $ 102,113 Computer Charges $ 5,846,374 Real Estate Rentals $ 979,736

Telecommunications $ 365,610 Per Diem, Fees and Contracts $ 111,500 Loans to Counties/Property Reevaluation

$ -0- Grants to Counties/Appraisal Staff $ 1,430,000 Motor Vehicle Tag Purchases $ 2,000,000 Motor Vehicle

Decal Purchases $ 357,500 Intangible Tax Equalization Fund $ -0- Postage $ 1,396,191 Total Positions

Budgeted 1,057 Authorized Motor Vehicles 60

Page 1201

Section 39. Secretary of State. A. Budget Unit: Secretary of State $ 11,600,195 1. Occupational Certification

Budget: Personal Services $ 2,394,496 Regular Operating Expenses $ 833,333 Travel $ 126,995 Motor

Vehicle Equipment Purchases $ 36,000 Publications and Printing $ 123,696 Equipment Purchases $ 23,283

Computer Charges $ 277,458 Real Estate Rentals $ 210,994 Telecommunications $ 60,339 Per Diem, Fees and

Contracts $ 345,785 Total Funds Budgeted $ 4,432,379 State Funds Budgeted $ 4,386,939 Total Positions

Budgeted 134 Occupational Certification Functional Budgets Cost of Operations

Accounting $ 234,139

Architect $ 95,313 Athletic Trainers $ 1,389 Auctioneers $ 30,522 Barbers $ 214,517 Chiropractic $ 38,236

Construction Industry $ 159,530 Cosmetology $ 652,377 Dentistry $ 200,895 Engineers $ 304,002 Forestry $

14,643 Funeral Service $ 133,431 Geology $ 11,187 Hearing Aid $ 22,196 Landscape Architect $ 11,766

Librarians $ 7,766 Marriage and Family Counselors $ -0- Medical Examiners $ 690,027 Nursing Home

Administrators $ 39,515 Board of Nursing $ 701,217 Dispensing Opticians $ 20,076 Optometry $ 21,251

Occupational Therapy $ 5,432 Pest Control $ 72,474 Pharmacy $ 207,478 Physical Therapy $ 28,941 Podiatry

$ 8,620 Polygraph Examiners $ 12,786 Practical Nursing $ 326,496 Private Detective $ -0- Psychologists $

61,570 Recreation $ 7,881 Sanitarian $ 10,026 Speech Pathology $ 16,981 Used Car Dealers $ 235,219 Used

Car Parts $ -0- Veterinary $ 63,847 Wastewater $ 36,606 Well Water $ 8,851 Administration $ 92,000

Investigative $ -0- Total $ 4,799,203

Page 1203

2. Securities Regulation Budget: Personal Services $ 391,819 Regular Operating Expenses $ 29,550 Travel

$ 8,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,500 Equipment Purchases $

1,120 Computer Charges $ 17,366 Real Estate Rentals $ 17,290 Telecommunications $ 7,300 Per Diem,

Fees and Contracts $ 2,000 Total Funds Budgeted $ 477,945 State Funds Budgeted $ 470,109 Total Positions

Budgeted 18 3. Corporations Regulation Budget: Personal Services $ 449,868 Regular Operating Expenses $

20,894 Travel $ 2,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 19,320

Equipment Purchases $ 1,800 Computer Charges $ 118,508 Real Estate Rentals $ 81,480 Telecommunications

$ 16,200 Per Diem, Fees and Contracts $ -0- Postage $ 38,300 Total Funds Budgeted $ 749,170 State Funds

Budgeted $ 740,173 Total Positions Budgeted 31

4. Drugs and Narcotics Budget: Personal Services $

383,771 Regular Operating Expenses $ 32,750 Travel $ 25,000 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 300 Equipment Purchases $ 2,000 Computer Charges $ -0- Real Estate Rentals $

5,782 Telecommunications $ 6,000 Per Diem, Fees and Contracts $ 2,500 Total Funds Budgeted $ 458,103

State Funds Budgeted $ 450,428 Total Positions Budgeted 15

5. Archives and Records Budget: Personal

Services $ 1,632,419 Regular Operating Expenses $ 184,750 Travel $ 35,000 Motor Vehicle Equipment

Purchases $ 8,000 Publications and Printing $ 18,000 Equipment Purchases $ 46,750 Computer Charges $

15,000 Real Estate Rentals $ 28,665 Telecommunications $ 41,700 Per Diem, Fees and Contracts $ 2,000

Capital Outlay $ -0- Authority Lease Rentals $ 1,276,000 Total Funds Budgeted $ 3,288,284 State Funds

Budgeted $ 3,219,436 Total Positions Budgeted 87

6. General Services Budget: Personal Services $

551,084 Regular Operating Expenses $ 47,750 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 110,303 Equipment Purchases $ 2,233 Computer Charges $ -0- Real Estate Rentals

$ 6,085 Telecommunications $ 12,900 Per Diem, Fees and Contracts $ 1,860 Total Funds Budgeted $ 734,215

State Funds Budgeted $ 723,193 Total Positions Budgeted 31

7. Internal Administration Budget: Personal

Services $ 685,063 Regular Operating Expenses $ 48,359 Travel $ 4,200 Motor Vehicle Equipment Purchases

$ -0- Publications and Printing $ 100,000 Equipment Purchases $ 500 Computer Charges $ 6,000 Real

Estate Rentals $ 30,313 Telecommunications $ 15,670 Per Diem, Fees and Contracts $ 1,000 Postage $

29,000 Total Funds Budgeted $ 920,105 State Funds Budgeted $ 906,404 Total Positions Budgeted 35

8. State Campaign and Financial Disclosure Commission Budget: Personal Services $ 68,147 Regular Operating

Expenses $ 9,955 Travel $ 3,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,000

Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 8,496 Telecommunications $ 2,000

Per Diem, Fees and Contracts $ 7,000 Total Funds Budgeted $ 107,798 State Funds Budgeted $ 106,435 Total

Positions Budgeted 3

9. Elections and Campaign Disclosure Budget: Personal Services $ 166,750 Regular

Operating Expenses $ 20,955 Travel $ 2,208 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 6,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0-

Telecommunications $ 3,500 Per Diem, Fees and Contracts $ 1,000 Election Expenses $ 400,000 Total Funds

Budgeted $ 600,413 State Funds Budgeted $ 597,078 Total Positions Budgeted 8

Budget Unit Object

Classes:

Personal Services $ 6,723,417 Regular Operating Expenses $ 1,228,296 Travel $ 209,403

Motor Vehicle Equipment Purchases $ 44,000 Publications and Printing $ 390,119 Equipment Purchases $ 77,686

Computer Charges $ 434,332 Real Estate Rentals $ 389,105 Telecommunications $ 165,609 Per Diem, Fees

and Contracts $ 363,145 Election Expenses $ 400,000 Postage $ 67,300 Capital Outlay $ -0- Authority

Lease Rentals $ 1,276,000 Total Positions Budgeted 362 Authorized Motor Vehicles 69

B. Budget Unit:

Real Estate Commission $ 886,053 Real Estate Commission Budget: Personal Services $ 440,840 Regular

Operating Expenses $ 237,413 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 14,000 Publications and

Printing $ 29,000 Equipment Purchases $ 18,776 Computer Charges $ 25,400 Real Estate Rentals $ 33,600

Telecommunications $ 13,041 Per Diem, Fees and Contracts $ 70,800 Total Funds Budgeted $ 894,870 State

Funds Budgeted $ 886,053 Total Positions Budgeted 27

Page 1207

Real Estate Commission Functional Budget State Funds Cost of Operations Pos.

Real Estate

Commission $ 886,053 $ 930,356 27 Budget Unit Object Classes: Personal Services $ 440,840 Regular

Operating Expenses $ 237,413 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 14,000 Publications and

Printing $ 29,000 Equipment Purchases $ 18,776 Computer Charges $ 25,400 Real Estate Rentals $ 33,600

Telecommunications $ 13,041 Per Diem, Fees and Contracts $ 70,800 Total Positions Budgeted 27 Authorized

Motor Vehicles 11 Section 40. Georgia Student Finance Commission. Budget Unit: Georgia Student Finance

Commission $ 16,066,733 1. Internal Administration Activity Budget: Personal Services $ 1,389,835 Regular

Operating Expenses $ 167,592 Travel $ 31,500 Motor Vehicle Equipment Purchases $ -0- Publications and

Printing $ 50,000 Equipment Purchases $ 509,495 Computer Charges $ 89,545 Real Estate Rentals $ 129,400

Telecommunications $ 50,200 Per Diem, Fees and Contracts $ 95,000 Total Funds Budgeted $ 2,512,567 State

Funds Budgeted $ -0- Total Positions Budgeted 77

2. Higher Education Assistance Corporation Budget:

Payment of Interest and Fees $ 651,250 Total Funds Budgeted $ 651,250 State Funds Budgeted $ 606,250

Total Positions Budgeted 0

3. Georgia Student Finance Authority Budget: Guaranteed Educational Loans $

2,745,250 Tuition Equalization Grants $ 10,819,265 Student Incentive Grants $ 3,568,800 North Georgia

College ROTC Grants $ 143,330 Law Enforcement Personnel Dependents' Grants $ 32,000 Georgia Military

Scholarship Grants $ 23,510 Total Funds Budgeted $ 17,332,155 State Funds Budgeted $ 15,460,483 Total

Positions Budgeted 0

Budget Unit Object Classes:

Personal Services $ 1,389,835 Regular Operating

Expenses $ 167,592 Travel $ 31,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $

50,000 Equipment Purchases $ 509,495 Computer Charges $ 89,545 Real Estate Rentals $ 129,400

Telecommunications $ 50,200 Per Diem, Fees and Contracts $ 95,000 Payment of Interest and Fees $ 651,250

Guaranteed Educational Loans $ 2,745,250 Tuition Equalization Grants $ 10,819,265 Student Incentive Grants $

3,568,800 Law Enforcement Personnel Dependents' Grants $ 32,000 North Georgia College ROTC Grants $

143,330 Georgia Military Scholarship Grants $ 23,510 Total Positions Budgeted 77 Authorized Motor Vehicles

1

Page 1209

Provided, that of the above appropriated amount relative to Educational Loans an amount not to exceed $12,000 may be used to provide stipends for training recruitment, teacher and counselor personnel in health career fields and other fields

for which funds are provided herein for the making of cancellable loans to students. Provided, that the above appropriated amount relative to Educational Loans shall otherwise be used to provide loans to students as provided for in Article 3 of Code Chapter 32-37, 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 of Code Section 32-3750, 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 paramedical and other professional and educational fields of study; (b) an amount not to exceed

Page 1210

$100,000 is designated and committed for the purpose of providing cancellable loans to students who are eligible members of the Georgia National Guard; (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; and (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 the above appropriated amount relative to Student Incentive Grants provides for payment of need-based grants to undergraduate students as provided for in Article 4 of Code Chapter 32-37. Provided, that the above appropriated amount relative to Tuition Equalization Grants provides for payment of grants of $675 per academic year, and for payment of grants for the 1981 summer school quarter or semester, to undergraduate students attending private colleges in Georgia as provided for in Article 5 of Code Chapter 32-37. Provided, that the above appropriated amount relative to North Georgia College ROTC Grants provides for payment of grants to eligible students as provided for in Article 6 of Code Chapter 32-37. Provided, that the above appropriated amount relative to Law Enforcement Personnel Dependents' Grants provides for payment of grants to eligible students as provided for in Article 7 of Code Chapter 32-37. Provided, that the above appropriated amount relative to North Georgia College Military Scholarships provides for payment of scholarships to select recipients as provided for in Article 9 of Code Chapter 32-37.

Page 1211

Provided, that the above appropriated amount relative to Payment of Interest and Fees is designated and committed for

the purpose of enabling the Georgia Higher Education Assistance Corporation to make state interest subsidy payments to

lenders as provided for in Code Section 32-3314, and loan discount fee payments to lenders as provided for in Code

Section 32-3315. 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 making timely payments of interest and special

allowances to lenders as provided for in Code Section 32-3313 and Code Section 32-3710. Section 41. Soil and Water

Conservation Committee. Budget Unit: Soil and Water Conservation Committee $ 747,399 1. Soil and Water

Conservation Central Office Budget: Personal Services $ 340,400 Regular Operating Expenses $ 37,500

Travel $ 36,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,900 Equipment

Purchases $ 4,000 Computer Charges $ -0- Real Estate Rentals $ 14,100 Telecommunications $ 9,200 Per

Diem, Fees and Contracts $ 141,200 Total Funds Budgeted $ 601,300 State Funds Budgeted $ 594,492 Total

Positions Budgeted 12

2. Soil and Water Conservation Dam Safety Budget: Personal Services $ 112,150

Regular Operating Expenses $ 12,550 Travel $ 8,800 Motor Vehicle Equipment Purchases $ -0- Publications

and Printing $ 2,000 Equipment Purchases $ 500 Computer Charges $ 2,000 Real Estate Rentals $ 4,350

Telecommunications $ 2,800 Per Diem, Fees and Contracts $ 10,000 Total Funds Budgeted $ 155,150 State

Funds Budgeted $ 152,907 Total Positions Budgeted 5

Budget Unit Object Classes:

Personal Services

$ 452,550 Regular Operating Expenses $ 50,050 Travel $ 44,800 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 20,900 Equipment Purchases $ 4,500 Computer Charges $ 2,000 Real Estate

Rentals $ 18,450 Telecommunications $ 12,000 Per Diem, Fees and Contracts $ 151,200 Total Positions

Budgeted 17 Authorized Motor Vehicles 3

Page 1212

Section 42. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 6,876,500 Departmental Operations Budget: Personal Services $ 1,235,056 Regular Operating Expenses $ 69,500 Travel $ 12,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 26,000 Equipment Purchases $ 5,000 Computer Charges $ 368,428 Real Estate Rentals $ 72,196 Telecommunications $ 38,000 Per Diem, Fees and Contracts $ 115,000 Postage $ 60,000 Floor Fund for Local Retirement Systems $ 1,497,000 Employer Contributions $ 5,379,500 Total Funds Budgeted $ 8,877,680 State Funds Budgeted $ 6,876,500 Total Positions

Budgeted 61

Budget Unit Object Classes: Personal Services $ 1,235,056 Regular Operating Expenses $

69,500 Travel $ 12,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 26,000 Equipment

Purchases $ 5,000 Computer Charges $ 368,428 Real Estate Rentals $ 72,196 Telecommunications $ 38,000 Per

Diem, Fees and Contracts $ 115,000 Postage $ 60,000 Floor Fund for Local Retirement Systems $ 1,497,000

Employer Contributions $ 5,379,500 Total Positions Budgeted 61 Authorized Motor Vehicles 1

Page 1213

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 $ 392,308,298 1. Planning and Construction Budget:

Personal Services $ 68,828,958 Regular Operating Expenses $ 4,023,131 Travel $ 1,373,885 Motor Vehicle

Equipment Purchases $ -0- Publications and Printing $ 249,800 Equipment Purchases $ 50,545 Computer

Charges $ -0- Real Estate Rentals $ 31,125 Telecommunications $ 823,020 Per Diem, Fees and Contracts $

8,767,791 Capital Outlay $ 343,479,646 Total Funds Budgeted $ 427,627,901 State Funds Budgeted $

169,142,901 Total Positions Budgeted 3,186

2. Maintenance and Betterments Budget: Personal Services $

53,022,336 Regular Operating Expenses $ 33,108,086 Travel $ 310,800 Motor Vehicle Equipment Purchases $

-0- Publications and Printing $ 10,250 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate

Rentals $ -0- Telecommunications $ 109,650 Per Diem, Fees and Contracts $ 990,175 Capital Outlay $

69,950,000 Total Funds Budgeted $ 157,501,297 State Funds Budgeted $ 155,401,297 Total Positions

Budgeted 3,725

3. Authorities Budget: Authority Lease Rentals $ 24,805,619 State of Georgia General

Obligation Debt Sinking Fund $ 3,724,517 Total Funds Budgeted $ 28,530,136 State Funds Budgeted $

28,530,136

4. Facilities and Equipment Budget: Motor Vehicle Equipment Purchases $ 1,000,000

Equipment Purchases $ 2,200,000 Capital Outlay $ 300,000 Total Funds Budgeted $ 3,500,000 State Funds

Budgeted $ 3,400,000

5. Assistance to Counties Budget: Grants to Counties $ 9,317,013 Total Funds

Budgeted $ 9,317,013 State Funds Budgeted $ 9,317,013

6. Administration Budget: Personal Services $

7,593,372 Regular Operating Expenses $ 2,133,014 Travel $ 118,363 Motor Vehicle Equipment Purchases $

-0- Publications and Printing $ 168,850 Equipment Purchases $ -0- Computer Charges $ 1,217,500 Real

Estate Rentals $ 909,512 Telecommunications $ 201,070 Per Diem, Fees and Contracts $ 170,000 Total Funds

Budgeted $ 12,511,681 State Funds Budgeted $ 12,511,681 Total Positions Budgeted 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. 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 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 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. Provided further, it is the intent of this General

Assembly that the Department of Transportation is authorized to use interstate rehabilitation funds for four-laning and

passing lanes. 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 $ 303,028 Augusta

Railroad Project $ 1,500,000 Capital Outlay - Paving State and Local Schools and State Institutions $ 750,000

Paving State Parks and Historic Sites $ 500,000 Capital Outlay - Paving Farmers Markets $ 250,000 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 $ 9,317,000 Total Funds Budgeted $ 9,317,000 State Funds Budgeted $ 9,317,000 For grants to

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

amended. Provided, further, that a member of the governing authority of the municipality, designated by such authority,

shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law

and the Constitution, and file the same with the Fiscal Division of the Department of Administrative Services. At the

request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the

State Auditor shall 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 $ 461,489 Regular Operating Expenses $

399,269 Travel $ 12,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 200

Equipment Purchases $ 11,000 Computer Charges $ -0- Real Estate Rentals $ 1 Telecommunications $ 4,200

Per Diem, Fees and Contracts $ 2,500 Capital Outlay $ -0- Total Funds Budgeted $ 890,659 State Funds

Budgeted $ 531,429 Total Positions Budgeted 17

9. Inter-Modal Transfer Facilities Budget: Personal

Services $ 570,925 Regular Operating Expenses $ 49,620 Travel $ 25,895 Motor Vehicle Equipment

Purchases $ -0- Publications and Printing $ 24,000 Equipment Purchases $ 800 Computer Charges $ -0-

Real Estate Rentals $ -0- Telecommunications $ 17,300 Per Diem, Fees and Contracts $ 462,000 Capital

Outlay - Airport Development $ 700,000 Capital Outlay - Airport Operational Improvements $ 1,000,000 Capital

Outlay - Airport Approach Aid $ 300,000 Mass Transit Grants $ 548,220 Total Funds Budgeted $ 3,698,760

State Funds Budgeted $ 3,412,341 Total Positions Budgeted 24 10. Harbor Maintenance Budget: Harbor

Maintenance Payments $ 454,500 Capital Outlay - Land Acquisition $ 290,000 Total Funds Budgeted $ 744,500

State Funds Budgeted $ 744,500

Budget Unit Object Classes:

Personal Services $ 130,477,080 Regular

Operating Expenses $ 39,713,120 Travel $ 1,840,943 Motor Vehicle Equipment Purchases $ 1,000,000

Publications and Printing $ 453,100 Equipment Purchases $ 2,262,345 Computer Charges $ 1,217,500 Real

Estate Rentals $ 940,638 Telecommunications $ 1,155,240 Per Diem, Fees and Contracts $ 10,392,466 Capital

Outlay $ 413,729,646 Mass Transit Grants $ 548,220 Grants to Municipalities $ 9,317,000 Harbor

Maintenance Payments $ 454,500 Grants to Counties $ 9,317,013 Authority Lease Rentals $ 24,805,619

Capital Outlay - Airport Development $ 700,000 State of Georgia General Obligation Debt Sinking Fund $ 3,724,517

Capital Outlay - Airport Operational Improvements $ 1,000,000 Capital Outlay - Airport Approach Aid $ 300,000

Capital Outlay - Land Acquisition $ 290,000 Total Positions Budgeted 7,273 Authorized Motor Vehicles 4,800

Page 1220

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.

Page 1221

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 $744,500 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. Provided further, it is the intent of this General Assembly that the following class may be

reassigned at the discretion of the Department of Transportation as shown: Class Name New Paygrade

Transportation Engineer Associate 31 @ 3 or 4 Section 44. Department of Veterans Service. Budget Unit:

Department of Veterans Service $ 9,786,748 1. Veterans Assistance Budget: Personal Services $ 2,740,000

Regular Operating Expenses $ 89,835 Travel $ 79,800 Motor Vehicle Equipment Purchases $ -0- Publications

and Printing $ 19,000 Equipment Purchases $ 7,000 Computer Charges $ 100 Real Estate Rentals $ 132,500

Telecommunications $ 51,575 Per Diem, Fees and Contracts $ 6,000 Postage $ 25,300 Total Funds Budgeted

$ 3,151,110 State Funds Budgeted $ 2,849,836 Total Positions Budgeted 157 Authorized Motor Vehicles 1

2. Veterans Home and Nursing Facility - Milledgeville Budget: Capital Outlay $ -0- Equipment Purchases $

52,000 Regular Operating Expenses for Projects $ 63,700 Operating Expenses/Payments to Central State Hospital

$ 6,397,800 Total Funds Budgeted $ 6,513,500 State Funds Budgeted $ 4,982,278

3. Veterans Nursing

Home - Augusta Budget: Capital Outlay $ -0- Equipment Purchases $ 5,250 Regular Operating Expenses for

Projects $ -0- Operating Expense/Payments to Medical College of Georgia $ 2,774,442 Total Funds Budgeted $

2,779,692 State Funds Budgeted $ 1,954,634

Budget Unit Object Classes:

Personal Services $

2,740,000 Regular Operating Expenses $ 89,835 Travel $ 79,800 Motor Vehicle Equipment Purchases $ -0-

Publications and Printing $ 19,000 Equipment Purchases $ 64,250 Computer Charges $ 100 Real Estate

Rentals $ 132,500 Telecommunications $ 51,575 Per Diem, Fees and Contracts $ 6,000 Capital Outlay $ -0-

Postage $ 25,300 Operating Expense/Payments to Central State Hospital $ 6,397,800 Operating

Expense/Payments to Medical College of Georgia $ 2,774,442 Regular Operating Expenses for Projects $ 63,700

Total Positions Budgeted 157 Authorized Motor Vehicles 1

Page 1223

Section 45. Workers' Compensation Board. Budget Unit: Workers' Compensation Board $ 3,551,880 1. Workers'

Compensation Administration Budget: Personal Services $ 2,677,093 Regular Operating Expenses $ 88,640

Travel $ 51,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 41,000 Equipment

Purchases $ 4,200 Computer Charges $ 62,520 Real Estate Rentals $ 211,448 Telecommunications $ 64,000

Per Diem, Fees and Contracts $ 66,500 Postage $ 53,000 Total Funds Budgeted $ 3,319,701 State Funds

Budgeted $ 3,266,159 Total Positions Budgeted 127

2. Vocational Rehabilitation Budget: Personal

Services $ 231,970 Regular Operating Expenses $ 8,786 Travel $ 11,000 Motor Vehicle Equipment Purchases

$ -0- Publications and Printing $ 3,000 Equipment Purchases $ -0- Computer Charges $ 525 Real Estate

Rentals $ 21,779 Telecommunications $ 5,000 Per Diem, Fees and Contracts $ 5,300 Postage $ 3,000 Total

Funds Budgeted $ 290,360 State Funds Budgeted $ 285,721 Total Positions Budgeted 12

Budget Unit

Object Classes:

Personal Services $ 2,909,063 Regular Operating Expenses $ 97,426 Travel $ 62,300

Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 44,000 Equipment Purchases $ 4,200

Computer Charges $ 63,045 Real Estate Rentals $ 233,227 Telecommunications $ 69,000 Per Diem, Fees and

Contracts $ 71,800 Postage $ 56,000 Total Positions Budgeted 139 Authorized Motor Vehicles 1

Page 1224

Section 46. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General

Obligation Debt Sinking Fund (Issued) $ 39,747,850

B. Budget Unit: State of Georgia General Obligation Debt

Sinking Fund (New) $ 9,680,000 Provided, that from the above appropriated amount for the State of Georgia General

Obligation Debt Sinking Fund, $9,130,000 is specifically appropriated for the purpose of financing the expansion of the

Georgia World Congress Center through the issuance of not more than $83,000,000 in principal amount of General

Obligation Debt.
Page 1225
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $550,000 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 at the University System through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt. Section 47. In addition to all other appropriations for the fiscal year ending June 30, 1982 there is hereby appropriated $2,425,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $5,503,400 for the purpose of providing operating funds for the State physical health laboratories ($175,000 - Budget Unit A) and for State mental health/mental retardation institutions ($5,328,400 - 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. In addition to all other appropriations for the fiscal year ending June 30, 1982, there is hereby appropriated $12,490,000 to cover an increase in State contributions for Employee Health Insurance. Section 49. Cost-of-Living Increases. In addition to all other appropriations for the fiscal year ending June 30, 1982, there is hereby appropriated $165,290,000 for the purposes described herein: 1) An increase of 8% with a $700 minimum
Page 1226
for employees of the executive, judicial and legislative branch of state government, effective July 1, 1981; 2) For a 9% increase on the current salary schedule for teachers, public librarians and other instructional and support personnel, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after completion of one year of experience and permanent certification, effective the following month, effective September 1, 1981; 3) For school bus drivers, a 10% salary increase, effective July 1, 1981; 4) For university system employees, a 9% salary increase, to be effective September 1, 1981 for academic contracted personnel; 5) A 9% salary increase, effective July 1, 1981, for non-academic personnel, and fiscal year contracted personnel of the university system and employees of the Athens and Tifton Veterinary Laboratories; and 6) An increase of 8% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as authorized in Section 2 of said Act, and for secretaries for whom salaries are set by Act 279 (H.B. 360) of the 1977 Regular Session of the Georgia General Assembly, effective July 1, 1981. Provided, further, that of the above appropriation for cost-of-living increases, $78,000 is designated and committed for the Poultry Veterinary Diagnostic Laboratories and an additional $678,000 is designated and committed for the Cooperative Extension Service ($360,000) and the Agricultural Experiment Station ($318,000). Provided, further, that no funds shall be transferred from this section without prior review and approval by the Legislative Budget Office. Section 50. In addition to all other appropriations for the fiscal year ending June 30, 1982, there is hereby appropriated $2,754,346 to be allocated to various state agencies for the purpose of paying quarterly premiums for workers' compensation
Page 1227
payments to the Department of Administrative Services. Provided, further, the Office of Planning and Budget shall designate the amount to be allotted to each agency from this section, and shall maximize the use of available federal matching funds for this purpose. Section 51. In addition to all other appropriations for the fiscal year ending June 30, 1982, there is hereby appropriated $1,346,963 to increase the mileage reimbursement rate for privately owned vehicles from eighteen cents ($.18) per mile to twenty cents ($.20) per mile, to be effective July 1, 1981. Section 52. 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 1982 and thereafter. Section 53. 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 long-distance, GIST
Page 1228
and credit card telephone calls, in order to mitigate the State's cost therefor. Section 54. 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 55. 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 56. In addition to all other appropriations, there is hereby appropriated as needed, a
Page 1229
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 57. No State appropriations authorized under this Act shall be used to continue programs currently funded by 100% Federal funds. Section 58. 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 to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly. Section 59. In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1981, 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
Page 1230
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 60. 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 1981 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 1982, 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
Page 1231
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 61. 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. 1982 submitted to the General Assembly at the 1981 regular session. Section 62. 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 63. 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
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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 64. TOTAL APPROPRIATIONS F.Y. 1982 $3,450,000,000. Section 65. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 66. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. SUPERIOR COURT JUDGES RETIREMENT SYSTEM ACT AMENDED. No. 675 (House Bill No. 271). AN ACT To amend an Act known as the Act Creating the Superior Court Judges Retirement System, approved March 24, 1976 (Ga. Laws 1976, p. 586), as amended by an Act approved March 23, 1977 (Ga. Laws 1977, p. 607), so as to change the provisions relative to spouses' benefits for certain superior court judges; to provide that certain senior judges may elect spouses' benefits; 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 Act Creating the Superior Court Judges Retirement System, approved March 24, 1976 (Ga. Laws 1976, p. 586), as amended by an Act approved March 23, 1977 (Ga. Laws 1977, p. 607), is hereby amended by striking from paragraphs (1) and (2) of subsection (a) of Section 16 the following: 1976, and inserting in lieu thereof the following: 1982, and by striking from paragraph (3) of subsection (a) of Section 16 the following: December 31, 1976, and inserting in lieu thereof the following: electing spouses' benefits coverage, so that when so amended paragraphs (1), (2), and (3) of subsection (a) of Section 16 shall read as follows: (1) Such election must be made in writing to the Board by not later than December 31, 1982; and (2) The judge so electing must pay to the Board, by not later than December 31, 1982, employee contributions at the rate specified by section 15 of this Act, plus interest thereon at the rate of 6% per annum, for all years of service as a superior court judge on the basis of the salary paid to superior court judges from State funds at the time the service was rendered; and (3) The judge so electing must pay to the Board employee contributions specified by section 15 for service as a superior court judge rendered after electing spouses' benefits coverage. Section 2. Said Act is further amended by adding at the end of Section 16 a new subsection (c) to read as follows: (c) (1) Any former superior court judge who was appointed judge of the superior courts emeritus prior to June 30, 1968, who is
Page 1234
now a senior judge, who is married, and who has never had the opportunity under the applicable law to elect spouses' benefit coverage may elect such coverage pursuant to this subsection. (2) Such election must be made in writing to the Director of the Fiscal Division of the Department of Administrative Services prior to January 1, 1982. Effective with the next salary payment after receiving such notification from such senior judge, the Director of the Fiscal Division of the

Department of Administrative Services shall begin deducting two and one-half percent from the state salary paid to such senior judge. Effective with the first deduction made from said state salary, the spouse of such senior judge shall be covered for spouses' benefits as provided in paragraph (3) of this subsection. (3) Upon the death of such senior judge, the surviving spouse shall receive for life, or until the remarriage of such surviving spouse, a monthly sum equal to 50 percent of the monthly state salary which the senior judge was receiving at the time of the death of such senior judge. 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 9, 1981.
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EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA ACT AMENDEDAPPELLATE COURT JUDGES. No. 677 (House Bill No. 292). 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 provisions relating to the retirement of appellate court judges; to repeal certain provisions relating to the retirement of appellate court judges who have attained 85 years of age; to define the words incapacitated and incapacity; to change the provisions relating to benefits for widows of appellate court judges; to provide benefits for designated beneficiaries of appellate court judges; to provide for the repayment of contributions in the event of the death of an appellate court judge or his designated beneficiary; to provide for exceptions; to provide for practices and procedures; 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 (5) of Section 19, the following: Any person serving as an appellate court judge on the effective date of this Act who shall have attained 85 years of age prior to January 1, 1971, and the widow of such an appellate court judge, shall be entitled to receive the maximum retirement benefits payable under this Act to appellate court judges and their widows without regard to years of service as an appellate court judge provided compliance shall have been made with all provisions of this Act excepting required years of service. The widow of an appellate court judge shall be entitled to receive from the date of death of her spouse and during her life a benefit payable monthly equivalent to 50 percent of the benefits to which her spouse would have been entitled based upon his years of service as an appellate court judge and without regard to whether he had attained age 65; provided, however, that in order to be eligible for these benefits the widow shall have been married to the appellate court judge at least 5 years on the date of his death.,
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and inserting in lieu thereof the following: For the purposes of this subsection, the word `incapacitated' or `incapacity' means physical or mental disability for further performance of duties and shall not mean the attainment of any certain age. The widow of an appellate court judge, provided she is the designated beneficiary, shall be entitled to receive a benefit payable monthly for life equivalent to 50 percent of the benefits to which her spouse would have been entitled based upon his years of service as an appellate court judge and without regard to whether he had attained age 65. However, if the designated beneficiary, or beneficiaries, is someone other than the widow of the deceased judge, then such named beneficiary or beneficiaries shall be entitled to receive a benefit payable monthly for life based on an actuarial equivalent, provided the actuarial equivalent shall not be in excess of 50 percent of the amount that would have been payable to the judge. For the purpose of this provision, in the event the beneficiary, or beneficiaries, is not the member's spouse, the actuarial equivalent shall be computed based upon the assumption that the member had a spouse who was the same age as the member., so that when so amended subsection (5) of Section 19 shall read as follows: (5) An appellate court judge may retire subject to and upon compliance with all provisions of this Act and receive the following benefits: After 10 years of service as an appellate court judge, he shall be entitled to receive during life a retirement benefit payable monthly equivalent to 75 percent of the salary of an appellate court judge then serving in the office from which he retired. An appellate court judge who is incapacitated prior to the completion of 10 years of service as an appellate court judge shall receive during life for each full year of service one-tenth of the benefit he would have received had he completed 10 years of service as an appellate court judge. No benefit shall be payable to an appellate court judge under this Act until he shall have attained 65 years of age except for incapacity as herein provided. In the event that an appellate court judge shall become incapacitated from further performance of the duties of his office, and shall resign from office based upon such incapacity, he shall be entitled to receive from the date of incapacity and during life and continuing incapacity benefits payable monthly based upon his completed years of services as an appellate court judge. For the purposes of this subsection, the word `incapacitated' or `incapacity' means
Page 1237

physical or mental disability for further performance of duties and shall not mean the attainment of any certain age. The widow of an appellate court judge, provided she is the designated beneficiary, shall be entitled to receive a benefit payable monthly for life equivalent to 50 percent of the benefits to which her spouse would have been entitled based upon his years of service as an appellate court judge and without regard to whether he had attained age 65. However, if the designated beneficiary, or beneficiaries, is someone other than the widow of the deceased judge, then such named beneficiary or beneficiaries shall be entitled to receive a benefit payable monthly for life based on an actuarial equivalent, provided the actuarial equivalent shall not be in excess of 50 percent of the amount that would have been payable to the judge. For the purpose of this provision, in the event the beneficiary, or beneficiaries, is not the member's spouse, the actuarial equivalent shall be computed based upon the assumption that the member had a spouse who was the same age as the member. Section 2. Said Act is further amended by striking subsection (7) of Section 19 in its entirety and inserting in lieu thereof a new subsection (7) of Section 19 to read as follows: (7) Should any appellate court judge die without having received benefits under this Act and not be survived by a designated beneficiary eligible to receive the benefits provided by this Act, his contributions shall be paid without interest to his estate. If any appellate court judge and his designated beneficiary or beneficiaries die as the result of a common accident prior to the time at which the payment of benefits to the judge equals the total contributions made by such judge plus interest thereon, the difference shall be paid to the estate of the judge. If after retirement an appellate court judge and his designated beneficiary or beneficiaries die, but not as the result of a common accident, prior to the time at which the total benefits paid to the judge and his beneficiary or beneficiaries equals the total contributions made by such judge plus interest thereon, the difference shall be paid to the estate of the last decedent. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981.
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GEORGIA MUNICIPAL ELECTION CODE AND GEORGIA ELECTION CODE AMENDED. Code Title 34A Amended. No. 678 (House Bill No. 317). AN ACT To amend Code Title 34A, known as the Georgia Municipal Election Code, as amended, so as to provide procedures and requirements relative to the registration of electors within municipalities lying wholly within the boundaries of counties of this state having a population of not less than 400,000 nor more than 525,000 according to the United States decennial census of 1970 or any future such census; to amend Code Title 34, known as the Georgia Election Code, as amended, so as to provide procedures and requirements relative to the registration of electors within counties of this state having a population of not less than 400,000 nor more than 525,000 according to the United States decennial census of 1970 or any future such census; 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 34A, known as the Georgia Municipal Election Code, as amended, is hereby amended by adding at the end of Code Section 34A-503 a new paragraph to read as follows: The governing authorities of municipalities lying wholly within the boundaries of counties of this state having a population of not less than 400,000 nor more than 525,000 according to the United States
Page 1239
decennial census of 1970 or any future such census shall appoint county registrars and deputy registrars as deputy registrars of such municipalities, notwithstanding such county registrars' or deputy registrars' not being electors of the respective municipalities. Section 2 . Said Code Title 34A is further amended by adding at the end of Code Section 34A-516 a new subsection (c) to read as follows: (c) On July 1, 1981, all registered electors of any county of this state having a population of not less than 400,000 nor more than 525,000 according to the United States decennial census of 1970 or any future such census who reside within the corporate boundaries of any municipality lying wholly within such county and who are not registered voters of such municipality shall be added to the voter registration list of such municipality, but such electors added to the voter registration lists of municipalities, as provided herein, shall thereafter be subject to the provisions of Code Chapter 34A-5 in the same manner as other electors of each such municipality. Section 3 . Said Code Title 34A is further amended by striking subsection (b) of Code Section 34A-515 in its entirety and substituting 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 at their last known address within ten days after removal of their name, such notice to state substantially as follows: Registrars shall furnish each elector so notified a card with the name and address of the board of registrars printed on the face thereof which may be used by the elector in notifying the registrars of the elector's desire to continue the elector's registration. Electors shall be given twenty days from removal date to request in writing a continuance of their registration. The registrars shall remove those who do not so apply with the time allotted.


Page 1240
In municipalities lying wholly within the boundaries of counties of this State having a population of not less than 400,000 nor more than 525,000 according to the United States decennial census of 1970 or any future such census and which maintain their own voting lists, registrars shall affix sufficient postage to such return card so as to insure proper delivery to the board of registrars. Section 4 . Code Title 34, known as the Georgia Election Code, as amended, is hereby amended by adding at the end of Code Section 34-605 a new subsection (c) to read as follows: (c) In all counties of this state having a population of not less than 400,000 nor more than 525,000 according to the United States decennial census of 1970 or any future such census, the board of registrations and elections shall appoint the registrars and deputy registrars of each municipality lying wholly within the boundaries of any such county as deputy registrars of such county. Section 5 . Said Code Title 34 is further amended by adding at the end of subsection (b) of Code Section 34-620 the following: Registrars shall furnish each elector so notified a card with the name and address of the board of registrars printed on the face thereof which may be used by the elector in notifying the board of registrars of the elector's desire to continue the elector's registration. In counties having a population of not less than 400,000 nor more than 525,000 according to the United States decennial census of 1970 or any future such census, the board of registrations and elections shall affix sufficient postage to such return card so as to insure proper delivery to the board. Section 6 . Said Code Title 34 is further amended by adding at the end of Code Section 34-622 a new paragraph to read as follows: On July 1, 1981, all registered electors of any municipality of this state lying wholly within the boundaries of any county of this state having a population of not less than 400,000 nor more than 525,000 according to the United States decennial census of 1970 or any future such census, who are not registered voters of such county, shall be added to the voter registration list of such county, but such electors added to the voter registration list of such county, as provided herein, shall thereafter be subject to the provisions of Code Chapter 34-6 in the same manner as other electors of such county.
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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 April 9, 1981. NONPROFIT CREDIT UNION DEPOSIT INSURANCE CORPORATION ACT AMENDED. No. 681 (House Bill No. 420). AN ACT To amend an Act authorizing the incorporation of a nonprofit Credit Union Deposit Insurance Corporation in this state, approved March 24, 1974 (Ga. Laws 1974, p. 545), so as to provide that the name of the proposed corporation shall contain the words Deposit Insurance Corporation; to change the membership fees; to provide for the maintenance of the membership fee on an annual basis; to provide for annual adjustments; to provide that certain financial institutions shall be eligible for membership in the corporation and shall be eligible for deposit insurance coverage in the same manner as credit unions; to provide that any financial institution insured by the corporation shall have the same powers and privileges as any other state-chartered financial institution of the same class; to provide for other matters relative to the foregoing; to provide for certain editorial 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 authorizing the incorporation of a nonprofit Credit Union Deposit Insurance Corporation in this state, approved March 24, 1974 (Ga. Laws 1974, p. 545), is hereby amended by striking paragraph (1) of subsection (a) of Section 1 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
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(1) The name of the proposed corporation, which shall include the words `Deposit Insurance Corporation,' and no corporation other than one incorporated pursuant to this Act shall use the words in sequence `deposit insurance corporation';. Section 2 . 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. (a) Each credit union accepted for membership shall be required to pay a membership fee of 1 percent of the deposits and shares of the credit union up to $1,000,000.00, plus one-half of 1 percent of the deposits and shares from $1,000,000.00 to $5,000,000.00, plus one-fourth of 1 percent of the deposits and shares over $5,000,000.00. Payment of the membership fee may be made in three equal installments, the first installment being due upon the approval of the member credit union's application and being in an amount of not less than $10.00 and the remaining two installments being due annually thereafter in amounts of not less than $10.00 each year. (b) The membership fee shall be maintained on an annual basis in the same ratio to deposits and shares as the original membership fee bore to the total of deposits and shares at the time the credit union initially joined the corporation. Such annual adjustments to the membership fee shall be paid or refunded concurrently with the payment of the annual insurance premium and shall be calculated upon the same deposit and share base as is used in the calculation of the annual premium.

(c) Membership fees, when paid by the individual member credit union, may be charged to its regular reserve account, or undivided earnings, or may be established as an asset, or charged in such other manner as may be approved by the department. (d) The membership fee and annual premiums of each member credit union may be refunded in whole or in part to the extent that the unencumbered funds of the corporation exceed 2 percent of the aggregate total deposits and shares of the member credit unions as determined by the most recent call report of condition submitted to the department. Special assessments levied pursuant to subsection (b) of Section 7 may be repaid in such manner as may be approved by the directors of the corporation with approval by the department.
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Refunds may be paid only to members of the corporation at the time of declaration by the directors of the corporation in proportion to their paid-in membership fees. (e) Upon termination or revocation of membership, the credit union shall be entitled to refunds as follows: (1) Membership fees in full within 30 days; (2) Pro rata portion of annual premium which is unearned by the corporation in full within 30 days; (3) Any special assessments in accordance with its terms. Section 3 . 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. Any financial institution, as defined in subsection (u) of Code Section 41A-102 of the Financial Institutions Code of Georgia, which the department finds to be ineligible for deposit insurance provided by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or which was incorporated prior to July 1, 1981, shall be eligible for membership in the corporation and deposit insurance coverage in the same manner and subject to the same privileges, restrictions, and liabilities as is herein provided for credit unions. Section 4 . Said Act is further amended by adding a new Section 14A immediately following Section 14 to read as follows: Section 14A. Any financial institution insured by the corporation shall have the same powers and privileges as any other statechartered financial institution of the same class even though such other financial institution is insured under some other state or federal program. Such equality of powers shall not relieve the financial institution, whether insured hereunder or under an alternative state or federal program, from taking appropriate action to amend its articles of incorporation or bylaws or from obtaining appropriate regulatory approvals before exercising such powers and privileges. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
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Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. FINANCIAL INSTITUTIONS CODE OF GEORGIA AMENDED. Code Title 41A Amended. No. 682 (House Bill No. 421). AN ACT To amend Code Title 41A, known as the Financial Institutions Code of Georgia, as amended, so as to redefine common bond; to provide for a board of directors; to provide for an organizational meeting of the board of directors; to provide that the department shall be notified and that deposit insurance must be obtained before commencing business; to provide that credit unions may make loans through their authorized employees; to authorize credit unions to sell or purchase federal or correspondent funds; to provide for the issuance of preferred capital base shares; to provide for the election of a board of directors; to provide for the appointment of officers, a supervisory committee, and a credit committee; to provide for terms of office and oath of officers and members of the supervisory committee and credit committee; to provide that it shall be the special duty of directors to authorize any interest refunds; to provide that it shall be the duty of the supervisory committee to supervise the acts of the credit committee and officers; to provide for reports to the board of directors; to provide for the supervision of loans by the credit committee; to authorize the credit committee to delegate the power to approve or disapprove loans; to authorize the purchase of certain obligations of members; to change the method of paying dividends; to delete the authority of the supervisory committee to call special meetings; to provide for other matters relative to the foregoing; to provide for certain editorial changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. Code Title 41A, known as the Financial Institutions Code of Georgia, as amended, is hereby amended by striking subsection (b) of Code Section 41A-3001 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) For purposes of this chapter, common bond is described as that specific relationship of occupation, association, or interest, or residence within a well-defined neighborhood, community, or rural district, or employees of a common employer, or members of a bona fide cooperative, educational, fraternal, professional, religious, rural, or similar organization which tends to create a mutual interest between persons sharing the relationship. Persons related by blood, adoption, or marriage to, or living in the same

household with, a person within the aforedescribed common bond; and the surviving spouses of deceased members shall also be considered within the common bond. Section 2. Said Code title is further amended by striking paragraph (4) of subsection (b) of Code Section 41A-3002 which reads as follows: (4) the number of members of the credit committee and of the supervisory committee, not less than three each, together with their respective powers and duties;, in its entirety and by renumbering paragraphs (5) and (6) of said subsection as paragraphs (4) and (5), respectively, and by adding a new subsection (d) at the end of Code Section 41A-3002 to read as follows: (d) Select at least five qualified persons who agree to serve on the board of directors. A signed agreement to serve in these capacities until the first annual meeting or until the election of their successors, whichever is later, shall be executed by those who so agree and filed with the department along with the proposed bylaws. Section 3. Said Code title is further amended by striking Code Section 41A-3004 in its entirety and inserting in lieu thereof a new Code Section 41A-3004 to read as follows:
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41A-3004. Organizational meeting of directors. (a) Within 30 days after receipt of the certificate of incorporation from the Secretary of State, an organizational meeting of the board of directors named in the articles of incorporation shall be held for the purpose of accepting the certificate and bylaws, appointing a credit committee and a supervisory committee, and electing or appointing the officers, as provided in Code Section 41A-3106, who shall serve until the first directors' meeting after the first annual meeting. The notice of the meeting shall be given at least five days prior to the date of the meeting. (b) When the organization has been completed, the credit union shall notify the department of this fact and may commence business subject to its obtaining deposit insurance as required in Code Section 41A-3117. Section 4. Said Code title is further amended by striking subsections (c) and (d) of Code Section 41A-3101 in their entirety and inserting in lieu thereof new subsections (c) and (d) to read as follows: (c) It may make loans to members through its credit committee or authorized employees pursuant to Code Section 41A-3109. (d) It may also invest, through its board of directors, finds not used in loans to members, in the following manner: (1) Obligations of the United States including bonds and securities upon which payment of principal and interest is fully guaranteed by the United States, obligations issued by Banks for Cooperatives, Federal Land Banks, Federal Intermediate Credit Banks, Federal Home Loan Banks, the Federal Home Loan Bank Board, or any corporation designated in Section 841 of Title 31 of the United States Code as a wholly owned government corporation, or in obligations, participations, or other instruments of or issued by, or fully guaranteed as to principal and interest by the Federal National Mortgage Association or the Government National Mortgage Association; (2) General and direct obligations of the State of Georgia, its counties, districts, and municipalities which have been validated as provided by law if no more than 25 percent of the shares and deposits of a credit union shall be invested in the obligations of any one such obligor;
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(3) In loans to other credit unions provided the loans do not exceed 10 percent of the shares, deposits, and surplus of the investing credit union; (4) May deposit its funds in banks, building and loan associations, savings and loan associations, and credit unions, may purchase certificates of deposit and savings certificates which such financial institutions are authorized to issue, and may sell or purchase federal or correspondent (daily) funds through such financial institutions, subject to limitations prescribed in regulations issued by the department; and (5) Any other types of investments authorized by the department, provided such investments shall not, in the aggregate, exceed 10 percent of the shares, deposits, and surplus of the investing credit union. Section 5. Said Code title is further amended by striking Code Section 41A-3103 in its entirety and inserting in lieu thereof a new Code Section 41A-3103 to read as follows: 41A3103. Special shares and deposits. (a) A share may be issued and deposits received jointly in the names of a member and a nonmember with right of survivorship, but no joint tenant shall be permitted to vote, obtain loans, or hold office unless he is within the field of membership and is a qualified member. (b) A share may be issued and deposits received in the name of a minor and in trust in such way and manner as the bylaws may provide. (c) In addition to its regular shares, a credit union may offer to its members `preferred capital base' shares when permitted by its bylaws. Such shares may be held without limit, shall be subject to the following restrictions, and may entitle the holder to the following rights and preferences: (1) Such shares shall have no par value. (2) Such shares shall be redeemed only at a stated maturity of not less than one year or within ten days of such maturity.
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(3) Such shares shall be transferable on the books of the credit union so long as the acquiring person is a member of the credit union. (4) Such shares may have a preference on the payment of dividends and interest up to 2 percent over the

dividend rate paid to members on regular shares and deposits. Any such preference shall be fixed at the time of issuance of the shares. (5) Such shares shall be entitled to vote as a class in any action to merge, consolidate, or voluntarily dissolve the credit union. (6) Such shares may be accorded the right to vote as a class in the election of directors for the purpose of electing directors representing the class provided the number of such directors shall not exceed one-third of the number elected by the holders of regular shares. (7) Such shares shall be subordinate to claims of depositors and other creditors in the event of liquidation of the credit union but shall rank ahead of the claims of regular shares. (8) In the event of redemption, such shares may be entitled to receive a pro rata portion of the retained earnings, after the payment of dividends and interest, accumulated by the credit union during the most recent whole calendar years, not in excess of five years, in which the shares were outstanding. Such pro rata portion shall be determined by taking the ratio of the shares being redeemed to the total number of `preferred capital base' shares outstanding on the date of redemption. The portion of retained earnings available for redemption hereunder and the right thereto shall be fixed at the time of issuance of the shares but shall not exceed 50 percent. (9) Where accorded voting rights, whether by statute or in the bylaws of the credit union, such rights shall be on a basis of one vote for each $1,000.00 or fraction thereof paid into the credit union for such shares. Section 6. Said Code title is further amended by striking Code Section 41A-3104 in its entirety and inserting in lieu thereof a new Code Section 41A-3104 to read as follows:
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41A-3104. Expulsions and withdrawals, disposition of deposits. At any regular or called meeting of the members, by a two-thirds' vote of those present, the members may expel from the credit union any member thereof. A member may withdraw from a credit union and a nonmember may withdraw deposits as hereinafter provided by filing a written notice of such intention. All deposits of an expelled or withdrawing member or nonmember with any interest accrued shall be paid to such member or nonmember, subject to 60 days' notice, after deducting any amounts due to the credit union by such member or nonmember. Said expelled or withdrawing member or nonmember shall have no further right in said credit union or to any of its benefits, but such expulsion or withdrawal shall not operate to relieve said member or nonmember from any remaining liability to the credit union. Section 7. Said Code title is further amended by striking Code Section 41A-3106 in its entirety and inserting in lieu thereof a new Code Section 41A-3106 to read as follows: 41A-3106. Boards of directors, credit and supervisory committees, and executive officers. (a) At the first annual meeting the members shall elect from among their number a board of directors and at each annual meeting thereafter shall elect successors to the members of the board of directors, whose terms of office expire at such annual meeting. (b) Except as this Code section permits the bylaws of a credit union to provide otherwise, members of the board of directors elected at the first annual meeting shall serve until the next annual meeting and until their successors are elected and qualified. A credit union may in its bylaws provide for staggered elections for members of the board of directors, but in that event the bylaws shall provide that as nearly as possible one-third of the board shall be elected at each annual meeting. (c) At the organizational meeting and at its first meeting after each annual meeting of the members, the board of directors shall appoint a supervisory committee, credit committee, chairman, president, secretary, and such other officers consistent with the bylaws as the board deems desirable. No member of the supervisory committee may serve as a member of the credit committee or as an officer.
Page 1250
(d) The chairman of the credit and supervisory committees shall be appointed by the board from among its number. Both the credit and supervisory committees shall be accountable to the board and members of such committees may be removed by the board. (e) Officers and the committee members elected or appointed at the organizational meeting shall serve until the first annual meeting. Thereafter, the terms of such persons shall be until their successors are chosen or have duly qualified. An officer elected or appointed to fill an unexpired term shall be elected or appointed for the balance of said term. (f) All members of the board and all officers and committee members shall be sworn to perform faithfully the duties of their several offices in accordance with provisions of this Code and the bylaws or as otherwise lawfully established. The oaths shall be subscribed in writing and a copy thereof shall be retained in the minutes of the meetings of the board. Section 8 . Said Code title is further amended by striking subsection (b) of Code Section 41A-3107 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) To determine from time to time rates of interest and dividends which shall be allowed on deposits and charged on loans consistent with this chapter and other applicable laws and to authorize any interest refunds on such classes of loans and under such conditions as the board prescribes;. Section 9 . Said Code title is further amended by striking Code Section 41A-3108 in its entirety and inserting in lieu thereof a new Code Section 41A-3108 to read as follows: 41A-3108. Duties of supervisory committee; comprehensive annual audit. (a) The supervisory committee shall supervise the acts of the credit committee and officers,

any or all of whom the supervisory committee may, at any time by a unanimous vote, suspend. Within seven days after such suspension, the supervisory committee shall cause notice to be given to the board of directors and to the department of a special meeting to take action on such suspension; such notice shall clearly indicate the purpose of the meeting. By a majority vote the committee may call a meeting of the board of directors to consider any violation of this chapter or of the
Page 1251
bylaws or any practice of the credit union which, in the opinion of the committee, is unsafe or unauthorized. Notice of such meeting shall also be given to the department. (b) As frequently as it deems necessary, the supervisory committee shall make or cause to be made an inspection of the assets and the liabilities of the credit union. At least once each calendar year the supervisory committee shall cause to be made a comprehensive audit and submit a report of same to the board and a summary of that report at the next annual meeting of the members of the credit union. The supervisory committee may employ the services of an independent accountant or firm of such accountants or the internal auditors of any sponsoring group or concern or association of credit unions to make such comprehensive audit. The annual audit shall include a confirmation of the share, deposit, and loan accounts of the members and such other procedures as the department might require. The annual audit shall be preserved with the records of the credit union and a copy filed with the department. Section 10 . Said Code title is further amended by striking Code Section 41A-3109 in its entirety and inserting in lieu thereof a new Code Section 41A-3109 to read as follows: 41A-3109. (a) Credit unions may lend money to their members at reasonable rates of interest which shall not exceed 1 1/4 percent each month on the unpaid balance or such greater rates as shall be authorized for other financial institutions for such purposes as may be approved by the credit committee or authorized employee. (b) Loans shall be supervised as follows: (1) The credit committee shall have the general supervision of all loans to members. The credit committee shall hold such meetings as the business of the credit union may require and not less frequently than once a month to consider applications for loans. Reasonable notice of such meetings shall be given to all members of the committee. Actions of the credit committee shall be reported to the board in such form as the board shall prescribe at each regular meeting of the board. No loan shall be made unless it is approved by a majority of the entire committee except as provided herein.
Page 1252
(2) The credit committee may appoint one or more employees and delegate to such persons the power to approve or disapprove loans subject to such limitations or conditions as the credit committee prescribes. Records of loans approved shall be maintained in such form as the credit committee shall prescribe and shall be made available to the credit committee upon request. All loans in excess of 50 percent of a credit union's maximum loan limitation or such lower limit as the credit committee shall establish shall be acted upon by the credit committee. No person shall have the authority to disburse funds of the credit union for any loan which has been approved by such person. Not more than one member of the credit committee may be appointed as provided in this paragraph. (3) An applicant for a loan may appeal to the directors from the decisions of the credit committee if it is so provided in the bylaws and in the way and manner therein provided. (c) Loans may be made to officers, directors, committee members, or employees of the credit union under the same general terms and conditions as to other members of the credit union; provided, however, that no such officer, director, committee member, or employee shall participate in approving any loan in which he has a direct or indirect financial interest. The approval of all loans to officers, directors, committee members, and employees of the credit union shall be reported to the board of directors at its next meeting. (d) No credit union shall be authorized to lend to any individual borrower, on an unsecured loan, more than 1 percent of the first $100,000.00 of its deposits and shares plus one-fourth of 1 percent of its deposits and shares over $100,000.00. No credit union shall be authorized to lend to an individual borrower on a secured loan more than 10 percent of the first $100,000.00 of its deposits and shares, plus 4 percent of the next $1,000,000.00 of its deposits and shares, plus 2 percent of its deposits and shares over $1,000,000.00. Deposits and shares reflected in the statement of condition on the last calendar day of the preceding quarter to the nearest $100,000.00 shall be used to establish loan limits for the subsequent calendar quarter, provided that where a credit union has less than $1,000,000.00 in total shares and deposits, the nearest $1,000.00 shall be used to establish these limits. Any credit union may make loans up to $200.00 regardless of the amount of its shares and deposits. The amount loaned to any one borrower on an unsecured basis when added to the amount loaned to
Page 1253
any one borrower on a secured basis shall not exceed the limitation set forth herein for secured loans, such limitation being the maximum loan limit of the credit union. (e) For purposes of subsection (d): (1) `Borrower' means the

member who actually received the proceeds from a loan and shall not include any obligation which he may incur by being an endorser, guarantor, comaker, or similar obligor for another borrower; (2) `Secured loan' means a loan for which adequater collateral is given. A secured loan may include a loan for which there is an endorser, guarantor, comaker, or similar obligor. (f) Approval of loans by either the credit committee or an authorized employee shall be evidenced, prior to disbursement of the loan proceeds, by a writing signed by a committee member or an authorized employee stating that the committee or an authorized employee has approved the loan. Section 11 . Said Code title is further amended by striking Code Section 41A-3111 in its entirety and inserting in lieu thereof a new Code Section 41A-3111 to read as follows: 41A-3111. Dividends; interest. At such intervals and for such periods as the board of directors may authorize, dividends and interest from retained earnings may be declared at such rates as are determined by the board provided such dividends and interest shall not be paid until provision for the transfer to the required reserves has been made. Dividends or interest in excess of 90 percent of a credit union's net earnings before dividends in the fiscal year preceding the year in which a dividend or interest is proposed shall be approved in writing by the department prior to payment. The proposed dividend or interest may be paid after approval by the department upon its determination that such payment would be in the continued best interest of the credit union, would promote its stability, and would not impair its ability to repay its creditors other than its shareholders and depositors. Section 12 . Said Code title is further amended by striking Code Section 41A-3112 in its entirety and inserting in lieu thereof a new Code Section 41A-3112 to read as follows:

Page 1254

41A-3112. Fiscal year; meetings of members; proxies. The credit union fiscal year shall end at the close of business on the thirty-first day of December. Special meetings of the members may be held by order of the directors, or on written request of 10 percent of the members. At all meetings a member shall have but one vote. No member may vote by proxy, but a society, association, partnership, or corporation having membership in the credit union may be represented by one person duly authorized by said society, association, partnership, or corporation to represent it. At any meeting the members may decide on any matter of interest to the credit union and may overrule the board of directors provided the notice of the meeting shall have stated the question to be considered. 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 9, 1981. CLERKS OF SUPERIOR COURTSSALARIES. No. 683 (House Bill No. 457). 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 by an Act approved March 23, 1977 (Ga. Laws 1977, p. 547) and an Act approved March 20, 1980 (Ga. Laws 1980, p. 553), so as to change the salaries provided for; to provide a new bracket; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 1255

Section 1 . An Act providing minimum salaries for clerks of the superior courts, approved March 30, 1973 (Ga. Laws

1973, p. 256), as amended by an Act approved March 23, 1977 (Ga. Laws 1977, p. 547) and an Act approved March 20,

1980 (Ga. Laws 1980, p. 553), is hereby amended by striking from Section 1 of said Act the following:

0- 5,999

9,000 6,000- 11,999 12,000 12,000- 19,999 14,000 20,000- 29,999 15,000 30,000- 39,999 16,000 40,000-

49,999 17,000 50,000- 99,999 18,000 100,000- 199,999 19,000 200,000- and up 20,000., and inserting in

lieu thereof the following:

0- 5,999 10,800 6,000- 7,999 14,400 8,000- 11,999 15,500 12,000- 19,999

17,800 20,000- 29,999 19,600 30,000- 39,999 21,400 40,000- 49,999 23,200 50,000- 99,999 25,000

100,000- 199,999 26,700 200,000- and up 28,600., so that when so amended Section 1 of said Act shall read as

follows: 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

Page 1256

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 $ 10,800 6,000-7,999 14,400 8,000-11,999 14,400 12,000-19,999

16,800 20,000-29,999 18,000 30,000-39,999 19,200 40,000-49,999 20,400 50,000-99,999 21,600 100,000199,999 22,800 200,000-and up 24,000. 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 parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. AGRICULTURERULES, ETC. REGULATING IRRIGATION SYSTEMS. No. 684 (House Bill No. 521). AN ACT To require the use of certain equipment on irrigation systems in this state; to repeal conflicting laws; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia:
Page 1257
Section 1. Any irrigation system which is designed or used for the application of fertilizer, pesticide, or chemicals must be equipped with an anti-syphon device adequate to protect against contamination of the water supply. Such anti-syphon device shall consist of a check valve and vacuum breaker on the irrigation supply line located between the irrigation pump and the point of injection of fertilizer, pesticide, or chemicals. The vacuum breaker shall be located upstream from the check valve, meaning that the vacuum breaker shall be closer to the irrigation pump than is the check valve. Section 2. It shall be unlawful for any person to use any irrigation system designed or used for the application of fertilizer, pesticide, or chemicals, which system is not equipped as required by this Act. Section 3. The Commissioner of Agriculture shall make and publish such rules and regulations as he deems necessary to carry out the provisions of this Act which are not inconsistent with this Act. Such rules and regulations may specify requirements to be met by anti-syphon devices providing adequate protection. Such rules and regulations shall to the fullest extent practicable rely on standards for antisyphon devices established by the American Society of Agricultural Engineers and the American Society for Testing and Materials. Section 4. The Commissioner, in order to enforce the provisions of the Act or of any orders, rules and regulations promulgated pursuant thereto, after a hearing, may issue an administrative order imposing a penalty not to exceed $1,000.00 for each violation whenever the Commissioner, after a hearing, determines that any person has violated any provisions of this Act, or any regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under the Georgia Administrative Procedure Act. Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the Commissioner shall have the right of judicial review thereof in accordance with the Georgia Administrative Procedure Act. All penalties recovered as herein provided shall be paid into the State Treasury. The Commissioner may file in the superior court 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 of the Commissioner unappealed from, or of a
Page 1258
final order of the Commissioner affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and 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. The penalty prescribed in this Section shall be concurrent, alternative and cumulative with any and all other civil, criminal or alternative rights, remedies, forfeitures or penalties provided, allowed or available to the Commissioner with respect to any violation of this Act and any order, rules or regulations promulgated pursuant thereto. Section 5. This Act shall become effective January 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. RESIDENTIAL CONSERVATION SERVICE ACT OF 1981. No. 693 (House Bill No. 730). AN ACT To authorize the director of the Office of Planning and Budget to adopt rules and regulations for the establishment and implementation of the Residential Conservation Service; to provide for a short title; to provide for findings and declaration of policy; to provide for definitions; to provide for powers and duties of the director; to provide for limitations of the Act; to provide that failure to comply with the Act be unlawful; to provide for investigation of compliance and enforcement action; to provide for proceedings before the director; to provide for civil penalties, procedures for imposing civil penalties, and other penalties; to provide for application by the director for injunction to prevent violation of the Act; to provide for hearings; to provide for judicial review; to provide for the Attorney
Page 1259
General to represent the director; to provide for the implementation or continuance of the provisions of this Act in relation to federal law; 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 Residential Conservation Service Act of 1981. Section 2. Findings; declaration of policy. The General Assembly finds that the rising cost and uncertain supply of energy resources requires an active program of energy conservation assistance, especially for the residential sector, which often has limited access to expert advice on energy conservation. In response to this need and to the mandate of the National Energy Conservation Policy Act of 1978 (P.L. 95-619), the Office of Energy Resources, on behalf of the Office of Planning and Budget, has developed the state plan for the Residential Conservation Service, which requires certain utilities to offer home energy audits and related services to residential customers. Further, the General Assembly finds that in order to insure the implementation of the state plan for the Residential Conservation Service and avoid the imposition of the federal plan, adequate authority for state enforcement of the state plan must be instituted. Therefore, in order to provide Georgia's regulated utilities and their customers with the most appropriate and flexible plan for carrying out the Residential Conservation Service, the General Assembly hereby declares that the Georgia Office of Planning and Budget shall be authorized to promulgate regulations which establish the Residential Conservation Service and provide for its enforcement. Section 3. Definitions. For the purpose of this Act, the following terms shall have the definitions ascribed to them below, unless the context clearly requires otherwise: (1) Act refers to the Residential Conservation Service Act of 1981. (2) Covered utility means a utility regulated in ratemaking matters by the Public Service Commission which in any calendar year had retail sales of natural gas in excess of 10 billion cubic feet or of electricity in excess of 750 million kilowatt hours during the second preceding calendar year.
Page 1260
(3) Director means the director of the Office of Planning and Budget or his designee. (4) Person includes any individual, corporation, partnership, association, state, municipality, political subdivision of a state, or any agency, department, or instrumentality of the United States, or any other entity, and includes any officer, agent, or employee of any of the above. (5) Program means the Residential Conservation Service program, established under the National Energy Conservation Policy Act of 1978 (P.L. 95-619), as now and hereafter amended. Section 4. Powers and duties of the director. The director shall have and may exercise the following powers and duties: (1) To adopt, modify, repeal, and promulgate, after consultation with all affected parties and due notice and public hearings held in accordance with and established pursuant to the Georgia Administrative Procedure Act, rules and regulations for the establishment and implementation of the Residential Conservation Service Program. The initial proposed regulations shall be based upon the state plan for the Residential Conservation Service as approved by the United States Department of Energy and shall include provisions for: (A) Identification of covered utilities; (B) Utility responsibilities, such as: (i) Program information for customers; (ii) Performance of on-site energy audits; (iii) Arranging financing and installation; (iv) Distribution of lists of contracts, suppliers, and lenders; (v) Inspections of installed measures; (vi) Qualification of auditors and inspectors; and
Page 1261
(vii) Record keeping, financial accounting, and reporting requirements; (C) Development and maintenance of master records of contractors, suppliers, and lenders; (D) Consumer complaint mechanisms; (E) Utility supply, installation, and financing of energy products; (F) Coordination with affected agencies, especially the Public Service Commission and the Office of Consumer Affairs; (G) Compliance and enforcement procedures; and (H) Other program elements required by federal law; (2) To administer and enforce this Act and all rules and regulations and orders promulgated thereunder; (3) To receive and administer any federal funding available for the purposes of this Act; and (4) To amend the regulations promulgated under this Act to conform to any future changes in the federal law and regulations governing the program. Section 5. Limitations of the Act. No provision of this Act or any rules or regulations or orders thereunder shall be construed to be a limitation: (1) On the activities of any privately or publicly owned utility which is not a covered utility; (2) On the activities of covered utilities, when such activities are not subject to this Act; (3) On the activities of contractors, suppliers, or lenders, when such activities are not subject to this Act;
Page 1262
(4) On the activities of the Georgia Office of Energy Resources in the enforcement or administration of any program or provision of law; and (5) On the power of any state or local agency in the enforcement or administration of any provision of law it is specifically permitted or required to enforce or administer, including, but not limited to, the Public Service Commission, the Office of Consumer Affairs, and the Construction Industry Licensing Board. Section 6. Failure to comply with Act unlawful. It shall be unlawful for any covered utility to fail to comply with this Act and the

rules and regulations and orders promulgated thereunder. Section 7. Investigation of compliance; enforcement action. (a) The director shall have the authority to investigate the activities of the covered utilities in order to ascertain compliance with this Act and the rules and regulations and orders promulgated thereunder. Such investigations may include routine inspections and inspections arising as a result of information indicating that a violation may have occurred. (b) The director shall have the authority to take any action authorized by this Act which he deems necessary to enforce the provisions of this Act. Section 8. Proceedings before the director. (a) Whenever the director has reason to believe that a violation of any provision of this Act or any rule or regulation adopted pursuant to this Act has occurred, he shall attempt to obtain a remedy with the violator or violators by conference, conciliation, or persuasion. When a remedy is obtained through conference, conciliation, or persuasion, such remedy may be set out in a written consent order and signed by both the director and the violator or violators. A written consent order shall be considered a final order. (b) In the case of failure of such conference, conciliation, or persuasion to effect a remedy to such violation, the director may, after notice and hearing, issue a final order directed to such violator or violators which shall specify the provisions of the Act or rule or regulation which have been violated and order that necessary corrective action as prescribed in such order be taken within a reasonable time.
Page 1263
Section 9. Penalties and procedures for imposing such penalties. (a) Civil penalties. Any covered utility who intentionally or negligently violates any provisions of this Act or the rules and regulations promulgated thereunder or fails or refuses to comply with any final order of the director issued as herein provided shall be liable for a civil penalty not to exceed $1,000.00 for such violation and an additional civil penalty not to exceed $500.00 for each day such violation continues. (b) Procedures. The director, after notice and hearing, shall determine whether or not any covered utility has intentionally or negligently violated any provisions of this Act or has failed or refused to comply with any final order of the director and may, upon a proper finding, issue his order imposing such civil penalties as herein provided. Any covered utility so penalized under this section is entitled to judicial review. All hearings and proceedings for judicial review under this section shall be in accordance with the Georgia Administrative Procedure Act, as herein provided. All penalties and interest recovered by the director, as herein provided, together with the cost thereof, shall be paid into the state treasury to the credit of the general fund. (c) Other penalties. Any contractor, supplier, or lender who is listed on the master record established by the Georgia Office of Energy Resources and who violates the provisions of this Act or the rules or regulations promulgated thereunder is subject to removal from the applicable master record in accordance with the rules and regulations established pursuant to the Residential Conservation Service Program. Section 10. Application by the director for injunction to prevent violation of the Act. Whenever, in the judgment of the director, any covered utility has engaged in or is about to engage in any act or practice which constitutes or will constitute any violation of this Act, the director may make application to the superior court wherein the covered utility maintains its principal place of business or, if a nonresident of the state, to the superior court of the county where such covered utility is engaged in or is about to engage in such act or practice for an order restraining and enjoining such act or practice; and upon a showing by the director that such covered utility has engaged in or is about to engage in any such act or practice, a temporary or permanent injunction, restraining order, or other order shall be granted without the necessity of showing the lack of an adequate remedy at law.
Page 1264
Section 11. Hearings. All hearings under this Act shall be commenced and conducted in accordance with the Georgia Administrative Procedure Act. Section 12. Judicial review. Any person who has exhausted all administrative remedies available before the director and who is aggrieved by a final order or action in a contested case is entitled to judicial review under this Act. All proceedings for judicial review shall be conducted in accordance with the Georgia Administrative Procedure Act and any party to the proceeding may secure a review of the final judgment of the superior court by appeal in the manner and form provided by law for appeals from the superior courts to the appellate courts of this state. Section 13. Attorney General to represent the director. It shall be the duty of the Attorney General or his representative to represent the director in all actions in connection with this Act. Section 14. Implementation or continuance relative to federal law. Nothing contained in this Act shall authorize the Director to establish or maintain the Residential Conservation Service Program or otherwise administer this Act except to the extent necessary to avoid the imposition of a federal program pursuant to the National Energy Conservation Policy Act of 1978 (P.L. 95-619). Section 15. 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 16. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Page 1265
Section 17. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981. ALCOHOLIC BEVERAGESSALE NEAR ALCOHOLIC TREATMENT FACILITY. Code Section 5A-508 Amended. No. 695 (House Bill No. 771). AN ACT To amend Code Section 5A-508, relating to sales of alcoholic beverages near a church or school, so as to provide that it shall be unlawful to sell or offer to sell distilled spirits, wine, or malt beverages within a certain distance of a certain alcoholic treatment facility; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 5A-508, relating to sales of alcoholic beverages near a church or school, is hereby amended by adding at the end of subsection (a) a new paragraph (3) to read as follows: (3) Any distilled spirits, wine, or malt beverages within 100 yards of an alcoholic treatment center owned and operated by the State of Georgia or any county or municipal government therein. This section shall not apply to any business having a license in effect on July 1, 1981. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1981.
Page 1266
CRIMESARMED ROBBERY. Code Section 26-1902 Amended. No. 700 (House Bill No. 812). AN ACT To amend Code Section 26-1902, relating to armed robbery, as amended, so as to provide that a person commits armed robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon; to provide additional punishment when in the course of an armed robbery with an offensive weapon, or any replica, article, or device having the appearance of such weapon, serious bodily injury is intentionally inflicted; 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 26-1902, relating to armed robbery, as amended, is hereby amended by striking Code Section 26-1902 in its entirety and inserting in lieu thereof the following new Code Section 26-1902: 26-1902. Armed Robbery. (a) A person commits armed robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon. The offense robbery by intimidation shall be a lesser included offense in the offense of armed robbery. A person
Page 1267
convicted of armed robbery shall be punished by death or imprisonment for life, or by imprisonment for not less than five nor more than 20 years; provided, however, that for a second or subsequent such offense, such defendant shall be punished by imprisonment for not less than 10 years. The preceding provisions of this section notwithstanding, in any case in which the defendant committed armed robbery and in the course of the commission of such offense intentionally, with an offensive weapon, or any replica, article, or device having the appearance of such weapon, inflicted serious bodily injury on a person, such fact shall be charged in the indictment or information, and if found to be true by the court or if admitted by the defendant, the defendant shall be punished by imprisonment for not less than 10 years. (b) Adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred or withheld for any offense punishable under subsection (a) of this 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 April 9, 1981. GEORGIA PUBLIC REVENUE CODE AMENDEDLEASED PROPERTY ELIGIBLE FOR HOMESTEAD EXEMPTIONS IN CERTAIN COUNTIES (10,450 - 10,650). Code Section 91A-1101 Amended. No. 714 (House Bill No. 958). AN ACT To amend Code Section 91A-1101, relating to definitions of terms for purposes of determining property which is exempt from taxation,
Page 1268
as amended, so as to change the provisions relating to leased property which is eligible for a homestead exemption 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 . Code Section 91A-1101, relating to definitions of terms for purposes of

determining property which is exempt from taxation, as amended, is hereby amended by striking from paragraph 12 of subsection (b) the following: having a total period of not less than 10 years, except that the period of the lease may be terminable as expressly provided in the lease, so that when so amended said paragraph 12 of subsection (b) of Code Section 91A-1101 shall read as follows: (12) In all counties having a population of not less than 10,450 and not more than 10,650, according to the census, where the person who is the applicant holds real property subject to a written lease; the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made; and the applicant is the owner of all improvements located on the real 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 April 9, 1981.
Page 1269
GEORGIA ALCOHOLIC BEVERAGE CODE AMENDED. Code Title 5A Amended. No. 732 (House Bill No. 4). AN ACT To revise, modernize, codify, and update certain laws relating to alcoholic beverages; to amend Code Title 5A, known as the Georgia Alcoholic Beverage Code, so as to redefine certain terms; to authorize the state revenue commissioner to promulgate certain rules and regulations; to provide for editorial revision; to incorporate laws relating to alcoholic beverages enacted at the 1980 regular session of the General Assembly into Code Title 5A; to change certain provisions relating to powers and duties of special agents and enforcement officers of the State Revenue Department; to provide a procedure for the seizure and distribution of contraband; to provide for record-keeping requirements; to redefine certain distance requirements; to require certain reports; to provide for certain matters with respect to foreign trade zones; to prohibit the granting of certain financial benefits by local governments; to provide for use of the metric system of measurement; to require certain bonds; to specify limitations upon transportation of certain alcoholic beverages; to change certain provisions relating to seizures and disposition of contraband in dry jurisdictions; to specify that certain acts are unlawful; to provide penalties; to provide for other matters relative to the foregoing; to amend 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 of alcoholic beverages, approved April 8, 1980 (Ga. Laws 1980, p. 1573), so as to delete certain provisions relating to construction of the Act; to provide for continuation of Department of Revenue rules and regulations; to change the effective date of certain provisions relating to administrative procedures; to repeal specific 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 Alcoholic Beverage Code begun by the enactment
Page 1270
of Code Title 5A by the 1980 regular session of the General Assembly. It is recognized that, with any recodification encompassing the scope of Title 5A, a thorough review must be undertaken to insure the integrity of the new law, to correct errors and omissions, and to incorporate laws into the new Code which were enacted during the 1980 regular session of the General Assembly. 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 5A 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 5A, known as the Georgia Alcoholic Beverage Code, is hereby amended by striking from subsection (3) of Code Section 5A-102, relating to definitions, the word: distiller, and substituting in lieu thereof the word: distillery, so that when so amended subsection (3) of Code Section 5A-102 shall read as follows: (3) `Broker' means any person who purchases or obtains an alcoholic beverage from an importer, distillery, 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. Section 3 . Said Code title is further amended by adding a new paragraph at the end of subsection (14) of Code Section 5A-102, relating to definitions, to be designated paragraph (C), to read as follows: (C) In the case of wine, any vintner.,
Page 1271
so that when so amended subsection (14) of Code Section 5A-102 shall read as follows: (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. (C) In the case of wine, any vintner. Section 4 . Said Code title is further amended by striking in its entirety subsection (21) of Code Section 5A-102, relating to definitions, which reads as follows: (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., and substituting in lieu thereof a new subsection (21) to read as follows: (21) `Standard case' means six 1.75 liters, twelve 750 milliliters, twelve liters, twenty-four 500 milliliters, or forty-eight 200 milliliters. Section 5 . Said Code title is further amended by striking in its entirety subsection (d) of Code Section 5A-303, relating to powers of the state revenue commissioner, which reads as follows: (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., and substituting in lieu thereof a new subsection (d) to read as follows:
Page 1272
(d) Promulgate rules and regulations he deems necessary for the conversion from the metric system of measurement to the equivalent English measurement in United States gallons and subdivisions of gallons and compute all tax rates at such equivalent English measurement. Section 6 . Said Code title is further amended by adding a new section after Code Section 5A-303, to be designated Code Section 5A-303.1 to read as follows: 5A-303.1. Importation of alcohol where sale lawful; commissioner's powers. 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. Section 7 . Said Code title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 5A-306, relating to reporting system for collection of taxes, and substituting in lieu thereof a new paragraph (1) of subsection (a) to read as follows: (1) With respect to malt beverages and wine, the commissioner shall provide, and with respect to distilled spirits the commissioner may provide, by regulation that the taxes on malt beverages, wine, and distilled spirits shall be collected by a reporting system. Section 8 . Said Code title is further amended by striking from subparagraph (B) of paragraph (2) of subsection (b) of Code Section 5A-306, relating to reporting system for collection of taxes, the word: guantity, and substituting in lieu thereof the word: quantity, so that when so amended subparagraph (B) shall read as follows: (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
Page 1273
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. Section 9 . Said Code title is further amended by adding a new subsection at the end of Code Section 5A-307, relating to licensing procedures, to be designated subsection (d), to read as follows: (d) Persons making initial applications for licenses issued pursuant to this title, after properly filing all required documents, including a valid local license, may be authorized by the commissioner to operate pursuant to a temporary permit which shall be issued under such regulations and in such form as the commissioner may deem appropriate. No right or property shall vest in any applicant by virtue of the issuance of such permit. The commissioner may impose a prelicense investigative fee upon persons making initial application for licenses issued pursuant to this title, not to exceed $100.00. No such fee shall be refundable. Section 10 . Said Code title is further amended by striking in its entirety Code Section 5A-308, relating to records to be open for inspection, and substituting in lieu thereof a new Code Section 5A-308 to read as follows: 5A-308. Records to be open for inspection. The commissioner shall make available for inspection by the public at reasonable times all records relating to alcoholic beverage brands, shipments, and sales by manufacturers, shippers, or wholesalers. The commissioner may charge a fee for special requests for prepared information, which fee shall be based upon the cost of preparation of the information. Section 11 . Said Code title is further amended by striking from paragraph (5) of subsection (a) of Code Section 5A-313, relating to refunds or credits, the following: 5A-510, and substituting in lieu thereof the following: 5A5510,
Page 1274

so that when so amended paragraph (5) of subsection (a) shall read as follows: (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-5510. Section 12. Said Code title is further amended by striking in its entirety subsection (a) of Code Section 5A-350, relating to powers and duties of special agents and enforcement officers of the department, and substituting in lieu thereof a new subsection (a) to read as follows: (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 violating such laws in the officer's presence or within his immediate knowledge when there is likely to be a failure of enforcement of such laws for want of a judicial 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.
Page 1275
Section 13. Said Code title is further amended by striking from Code Section 5A-353, relating to prosecution of violators of liquor laws, the words: or areas, and substituting in lieu thereof the words: and municipalities, so that when so amended Code Section 5A-353 shall read as follows: 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 and municipalities 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. Section 14. Said Code title is further amended by striking from subsection (c) of Code Section 5A-354, relating to contraband alcoholic beverages, the word: All, and substituting in lieu thereof the following: Except as otherwise provided in this title, all, so that when so amended subsection (c) of Code Section 5A-354 shall read as follows: (c) Except as otherwise provided in this title, all contraband alcoholic beverages seized shall be immediately delivered to the commissioner or to persons designated by him to receive the contraband alcoholic beverages. Section 15. Said Code title is further amended by inserting in subsection (a) of Code Section 5A-355, relating to disposition of contraband alcoholic beverages, after the word: state,
Page 1276
the words: or any other state, so that when so amended subsection (a) of Code Section 5A-355 shall read as follows: (a) All alcoholic beverages upon which no taxes have been paid to this state or any other 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. Section 16. Said Code title is further amended by striking in its entirety Code Section 5A-356, relating to seizure and disposition of contraband, and substituting in lieu thereof a new Code Section 5A-356 to read as follows: 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 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. The
Page 1277
commissioner, within 30 days of receipt of any such claim, shall afford the claimant a hearing in which to show his entitlement to the seized items. The burden of proof at such hearing shall be upon the claimant to establish his claim to the items seized and to show compliance with, or justification for noncompliance with, the provisions of this section. The commissioner shall enter a written order granting or denying the claim within 30 days from the date of the hearing. An appeal from the commissioner's order may be taken to the Superior Court of Fulton County by filing with the

commissioner within 15 days from the date of decision a notice of appeal to the Superior Court of Fulton County. The appeal shall be upon the record made before the commissioner and the commissioner, upon the filing of a notice of appeal, shall transmit the record and appropriate documents to the superior court within 30 days from the date of the filing of notice of appeal. The superior court shall review the record for errors of law, violation of constitutional or statutory provisions, violation of the statutory authority of the agency, lawfulness of the procedure, lack of any evidence to support the decision, and arbitrariness and abuse of discretion. However, the court shall not substitute its judgment for that of the hearing officer as to the weight of evidence on questions of fact. (3) The provisions of this section shall not apply to unlawfully manufactured alcoholic beverages. (c) All alcoholic beverages upon which the taxes have been paid to either this state or any other state shall be disposed of in accordance with the following: (1) In the case of malt beverage, the seized goods shall be destroyed by the commissioner or his authorized agent. (2) In the case of wine, the seized goods shall be sold by the commissioner at public sale except that, where seized wine is determined by the commissioner to be unfit for human consumption, it shall be destroyed. (3) In the case of distilled spirits, the seized goods shall be sold by the commissioner at public sale except that, where seized distilled spirits are determined by the commissioner to be unfit for human consumption, the distilled spirits shall be destroyed.
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Section 17. Said Code title is further amended by striking in their entirety subsections (b) and (c) of Code Section 5A502, relating to discretion and due process as to grant or suspension of permits, and substituting in lieu thereof new subsections (b) and (c) to read as follows: (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; (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 Georgia Bureau 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 Georgia Bureau 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. Section 18. Said Code title is further amended by striking in its entirety subsection (a) of Code Section 5A-506, relating to records of sales to be kept, and substituting in lieu thereof a new subsection (a) to read as follows: (a) Every manufacturer, importer, wholesale dealer, retail dealer, and retail consumption dealer shall keep and preserve, as prescribed by the commissioner, records of all alcoholic beverages
Page 1279
manufactured, purchased, or 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. Section 19. Said Code title is further amended by inserting in paragraph (2) of subsection (a) of Code Section 5A-507, relating to sales of alcoholic beverages on Sundays and election days, after the word held and before the symbol ., the following: and, for the purposes of such prohibition, such territorial boundaries shall not include any property owned or operated by a county, municipality, or other political subdivision of this state for airport purposes if no person resides on such publicly owned or operated property, so that when so amended paragraph (2) of subsection (a) of Code Section 5A-507 shall read as follows: (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 and, for the purposes of such prohibition, such territorial boundaries shall not include any property owned or operated by a county, municipality, or other political subdivision of this state for airport purposes if no person resides on such publicly owned or operated property. Section 20. Said Code title is further amended by striking in their entirety subsections (a), (b), and (c) of Code Section 5A-508, relating to sales of alcoholic beverages near church or school, and substituting in lieu thereof new subsections (a), (b), and (c) to read as follows: (a) No person, knowingly and intentionally, may sell or offer to sell: (1) Any distilled spirits in or within 100 yards of any church building, or within 200 yards of any school building or educational building or school grounds or college campus.

Page 1280

(2) (A) Any wine or malt beverages within 100 yards of any school building, school grounds, or college campus. (B)

The provisions of subparagraph (A) shall not apply at any location for which a license has been issued prior to July 1,

1981, nor to the renewal of such license. Nor shall the provisions of subparagraph (A) apply at any location for which a

new license is applied for if the sale of wine and beer was lawful at such location at any time during the 12 months

immediately preceding such application. (b) The shcool building or educational building referred to in subsection (a)

shall apply only to state, county, city, or church school buildings and to such buildings at such other schools in which

subjects commonly taught in the common schools and colleges of this state are taught. (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-61. (3) Licensees for the retail

sale of alcoholic beverages for consumption on the premises only who shall be subject to regulation as to distances from

churches, schools, and colleges by counties and municipalities.

Section 21 . Said Code title is further amended by

striking in its entirety Code Section 5A-509, relating to furnishing beverages to minors or intoxicated persons, and

substituting in lieu thereof a new Code Section 5A-509 to read as follows: 5A-509. Furnishing alcoholic beverages to

intoxicated persons. No alcoholic beverage shall be sold, bartered, exchanged, given, provided, or furnished to any person

who is in a state of noticeable intoxication.

Page 1281

Section 22 . Said Code title is further amended by striking in their entirety Code Sections 5A-510 and 5A-511, relating, respectively, to persons under 18 years of age not to be allowed or required to serve alcoholic beverages and purchase of alcoholic beverages by minors, and substituting in lieu thereof new Code Sections 5A-510 and 5A-511 to read as follows: 5A-510. Furnishing alcoholic beverages to, and purchase of alcoholic beverages by, persons under 19 years of age prohibited; possession of alcoholic beverages by persons under 19 years of age prohibited; exceptions. (a) Except as otherwise authorized by law: (1) No person knowingly, by himself or through another, shall furnish, cause to be furnished, or permit any person in his employ to furnish any alcoholic beverage to any person under 19 years of age. (2) No person under 19 years of age shall purchase or knowingly possess any alcoholic beverage. (3) No person under 19 years of age shall misrepresent his age in any manner whatever for the purpose of obtaining illegally any alcoholic beverage. (4) No person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage for or on behalf of a person under 19 years of age. (b) The prohibitions contained in paragraphs (a)(1), (a)(2), and (a)(4) of this section shall not apply with respect to the sale, purchase, or possession of alcoholic beverages 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. (3) In the home with parental consent. (c) The prohibition contained in paragraph (a)(1) of this section shall not apply with respect to sale of alcoholic beverages by a person when such person has been furnished with proper identification showing that the person to whom the alcoholic beverage is sold is 19

Page 1282

years of age or older. For purposes of this subsection, `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 to require the Department of Public Safety to issue identification cards to handicapped persons who do not have a motor vehicle driver's license, approved April 17, 1973 (Ga. Laws 1973, p. 807), as amended. `Proper identification' shall not include a birth certificate. (d) Any person who is 18 years of age or older and is an active member of the regular armed forces of the United States may purchase, consume, and possess any alcoholic beverage. To purchase an alcoholic beverage, any such person must present a valid military identification card. (e) If such conduct is not otherwise prohibited pursuant to Code Section 5A-511, nothing contained in this section shall be construed to prohibit any person under 19 years of age from: (1) Dispensing, serving, selling, or handling alcoholic beverages as a part of employment in any licensed establishment. (2) Being employed in any establishment in which alcoholic beverages are distilled or manufactured. (3) Taking orders for, and having possession of, alcoholic beverages as a part of employment in a licensed establishment. (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 this section, shall not be used in any administrative or judicial proceeding brought against such testifying person under 19 years of age. (g)

Nothing in this section shall be construed to modify, amend, or supersede Title 24A, the Juvenile Court Code of Georgia. 5A-511. 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.
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(b) The provisions of this section shall not prohibit persons under 18 years of age who are employed in supermarkets, convenience stores, breweries or drug stores from selling or handling alcoholic beverages which are sold for consumption off the premises. Section 23 . Said Code title is further amended by adding a new Code section after Code Section 5A514, to be designated 5A-514.1, to read as follows: 5A-514.1. Transportation of alcoholic beverages into state; report to commissioner. Except with respect to alcoholic beverages lawfully possessed pursuant to Code Section 5A-517, no person, common carrier, or contract carrier shall transport any alcoholic beverage into this state unless such transportation is immediately reported to the commissioner. Each such report shall show the consignor and consignee, the quantity delivered, and such other information as required by the commissioner. Section 24 . Said Code title is further amended by adding a new Code section after Code Section 5A-517, to be designated Code Section 5A-518, to read as follows: 5A-518. Foreign trade zones. (a) Any provision of this title to the contrary notwithstanding, any public or private corporation which has been granted the privilege of establishing, operating, and maintaining a foreign trade zone by the Foreign Trade Zones Board in accordance with an Act of Congress, approved June 18, 1934, entitled `An Act to provide for the establishment, operation and maintenance of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce and for other purposes,' may store alcoholic beverages, until the termination of such privilege, within the boundaries of such foreign trade zone. Any public or private corporation which has been granted the privilege of establishing, operating, or maintaining a foreign trade zone may also distribute alcoholic beverages to destinations outside this state. (b) Nothing contained in this section shall authorize the sale at retail of any alcoholic beverages within the boundaries of a foreign trade zone if the sale would otherwise be prohibited by the laws of this state. Section 25 . Said Code title is further amended by adding a new Code section after Code Section 5A-518, to be designated Code Section 5A-519, to read as follows:
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5A-519. Unaccompanied minors prohibited from entering certain businesses in certain counties; permitting entrance of such minors prohibited; definitions; penalties. (a) In all counties of this state having a population of not less than 350,000 and not more than 550,000, according to the census, no minor shall enter the premises of any business establishment engaged in the retail sale of alcoholic beverages in unbroken packages unless such minor is accompanied by the minor's parent, guardian, or custodian, nor shall any business establishment primarily engaged in the retail sale of alcoholic beverages in unbroken packages permit any minor to enter its business premises unless such minor is accompanied by the minor's parent, guardian, or custodian. (b) For purposes of this section, `business establishment primarily engaged in the retail sale of alcoholic beverages in unbroken packages' means an individual, partnership, corporation, association, or other business entity which derives from its retail sale of alcoholic beverages in unbroken packages at least 75 percent of its total annual gross income. (c) Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor except that the violation of the provisions of this section by a person under 17 years of age shall constitute a delinquent act under Code Title 24-A, the Juvenile Court Code, as now or hereafter amended, and not a misdemeanor. Section 26 . Said Code title is further amended by adding a new Code section after Code Section 5A-519, to be designated Code Section 5A-520, to read as follows: 5A-520. Notice to be posted by package stores of laws dealing with sales to underage persons; contents of notice; punitive action against violators. (a) Each retail business establishment in this state which is licensed to sell 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 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 determines will best inform the citizens of this state of the relevant provisions of the law.
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(c) The commissioner may take punitive action against violators up to and including revoking the state retail dealer's license of any retail business establishment which fails to comply with this section. The undertaking of any punitive

action allowed under this section shall not prohibit criminal prosecution for sale to underage persons. Section 27 . Said Code title is further amended by striking from subsection (1) of Code Section 5A-2101, relating to definitions applicable to provisions relating to distilled spirits, wherever the same shall appear, the word: denutriants, and substituting in lieu thereof the word: denaturants, so that when so amended subsection (1) of Code Section 5A-2101 shall read as follows: (1) `Denatured alcohol' or `denatured distilled spirits' means alcohol, as defined for purposes of this title, to which denaturants have been added in order to render such alcohol unfit for beverage purposes or internal human medicinal use. As used in this subsection, `denaturants' 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. Section 28 . Said Code title is further amended by inserting in the caption of Code Section 5A-2307, relating to permitting package sale and manufacture of distilled spirits, after the word favor, the symbol: ,, so that when so amended Code Section 5A-2307 shall read as follows: 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.
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Section 29 . Said Code title is further amended by inserting in subsection (a) of Code Section 5A-2312, relating to municipalities and counties may adopt regulations and determine location, after the words: and regulations, the following: , consistent with this title,, and by inserting in subsection (b) of said Code section, after the word them and before the symbol ., the following: , not inconsistent with this title, so that when so amended Code Section 5A-2312 shall read as follows: 5A-2312. Municipalities and counties may adopt regulations and determine location. (a) A municipality or county may adopt all reasonable rules and regulations, consistent with this title, 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, not inconsistent with this title. Section 30 . Said Code title is further amended by striking in its entirety subsection (g) of Code Section 5A-2501, relating to state license tax for manufacture, distribution, and package sales of distilled spirits, which reads as follows: (g) Upon each retain consumption dealer $ 100. Section 31 . Said Code title is further amended by striking from paragraph (3) of subsection (b) of Code Section 5A-2503, relating to surety bonds required of applicants for licenses for manufacture, distribution, and package sales of distilled spirits, the following: retailers, brokers, and consumption-on-the-premises licensees,
Page 1287
and substituting in lieu thereof the following: retail dealers and brokers, so that when so amended subsection (b) of Code Section 5A-2503 shall read as follows: (b) The bonds shall be in the following amounts: (1) For distillers and manufacturers, $10,000.00. (2) For wholesale dealers and importers, $5,000.00. (3) For retail dealers and brokers, $2,500.00. Section 32 . Said Code title is further amended by striking in its entirety Code Section 5A-2504, relating to certificate of residence required of applicant for license for package sales of distilled spirits and tax stamps, and substituting in lieu thereof a new Code Section 5A-2504 to read as follows: 5A-2504. Judge of the probate court's certificate of residence of applicant for license or tax stamps; no retail dealer's 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 dealer's license or tax stamps for distilled spirits shall be sold to any person unless 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 and is a resident of the 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. Section 33 . Said Code title is further amended by striking in its entirety Code Section 5A-2506, relating to retail dealers to sell only in unbroken packages, and substituting in lieu thereof a new Code Section 5A-2506 to read as follows:
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5A-2506. Retail dealers to sell only unbroken packages. A retail dealer's license shall authorize the holder to sell distilled spirits only in the original and unbroken package or packages, which package or packages shall contain not less

than 200 milliliters 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. Section 34 . Said Code title is further amended by inserting in Code Section 5A-2507, relating to advertisement of prices, after the word a and before the word license, the following: retail dealer's, so that when so amended Code Section 5A-2507 shall read as follows: 5A-2507. No advertisement of prices. No person holding a retail dealer's license to deal in distilled spirits shall display in any show window or other place visible from without the licensee's place of business any advertisement or information of the price or prices of any such distilled spirits. Section 35 . Said Code title is further amended by striking in its entirety Code Section 5A-2701, relating to levy of state excise tax or distilled spirits, and substituting in lieu thereof a new Code Section 5A-2701 to read as follows: 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 $1.00 per liter and on all alcohol imported into the state a tax of $1.40 per liter, and a proportionate tax at like rates on all fractional parts of a liter. (b) On the manufacture of all distilled spirits manufactured in the state from Georgia grown products a tax of 50 per liter and on all alcohol manufactured in this state from Georgia grown products a tax of 70 per liter, and a proportionate tax at like rates on all fractional parts of a liter. Section 36 . Said Code title is further amended by striking in its entirety subsection (c) of Code Section 5A-2702, relating to collection of state excise taxes on distilled spirits, which reads as follows:
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(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. Section 37 . Said Code title is further amended by striking in its entirety Code Section 5A-2703, relating to local excise tax on distilled spirits, and substituting in lieu thereof a new Code Section 5A-2703 to read as follows: 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 22 per liter of distilled spirits, excluding fortified wine, and a proportionate tax at like rates on all fractional parts of a liter. (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, or 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. Section 38 . Said Code title is further amended by striking in its entirety paragraph (1) of subsection (b) of Code Section 5A-2901, relating to sales of distilled spirits by the drink, which reads as follows: (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.,
Page 1290
and substituting in lieu thereof a new paragraph (1) of subsection (b) to read as follows: (1) Except as otherwise provided in this subsection, a county or municipality shall adopt such resolutions or ordinances only after the authority to do so has been authorized pursuant to the procedures prescribed in either Code Section 5A-2902 or 5A-2903. Section 39 . Said Code title is further amended by adding a new subchapter at the end of Code Chapter 5A-29, to be designated Subchapter C, to read as follows: SUBCHAPTER C STATE LICENSING REQUIREMENTS 5A-2921. State license tax; surety bonds to be filed with the commissioner. (a) An annual occupational license tax is imposed upon each retail consumption dealer in this state. Such license tax shall be $100.00. (b) Every applicant for a retail consumption dealer's license 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, rules, and regulations pertaining to distilled spirits. Surety for the bond shall be a surety company licensed to do business in this state and the bond shall be in such form as may be required by the commissioner. Such bond shall be in the amount of $2,500.00. Section 40 . Said Code title is further amended by striking in its entirety Code Section 5A-4103, relating to possession and transportation of nontax paid malt beverages, and substituting in lieu thereof a new Code Section 5A-4103 to read as follows: 5A-4103. Possession and transportation of nontax paid malt beverages; exemption. Malt beverages upon which the taxes imposed by or pursuant to Code Section

5A-4701 have not been paid in this state, in excess of the amount specified in Code Section 5A-517 are declared to be contraband and any motor vehicle, watercraft, or aircraft used in transporting such beverages in excess of the amount
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specified in Code Section 5A-517 are also declared to be contraband, subject to seizure and disposition provided by this title. Section 41 . Said Code title is further amended by striking from subsection (b) of Code Section 5A-4301, relating to local license requirements for dealing in malt beverages, the following: in the county or municipality in which the license was revoked, so that when so amended subsection (b) of Code Section 5A-4301 shall read as follows: (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. Section 42 . Said Code title is further amended by striking from Code Section 5A4303, relating to county malt beverage licenses, the following: the governing authority of such county may fix an annual license fee, and substituting in lieu thereof the following: the applicant for a license shall pay to the proper officer, to be designated by the governing authority of the county, an annual license fee as fixed by the governing authority, so that when so amended Code Section 5A-4303 shall read as follows: 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 applicant for a license shall pay to the proper officer, to be designated by the governing authority of the county, 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 outside of any incorporated municipality.
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Section 43 . Said Code title is further amended by striking in its entirety Code Section 5A-4304, relating to restrictions on malt beverage license fees, and substituting in lieu thereof a new Code Section 5A-4304 to read as follows: 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 more than one municipality or county of this state, no municipality or county other than that of the wholesale dealer's principal place of business shall charge a license fee exceeding $100.00. Section 44 . Said Code title is further amended by adding a new Code section at the end of Code Chapter 5A-45, relating to state authorization and regulation of malt beverages, to be designated Code Section 5A-4510, to read as follows: 5A-4510. Filing of bond with application for license or renewal required. The commissioner may require, in addition to other bonds required by this title, a bond to be filed with the application for a license or the renewal of a license, 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 of the applicant and to comply with all the laws, rules, and regulations pertaining to malt beverages. The bond shall be in such form and in such amount approved by the commissioner, not to exceed $5,000.00 for brewers and $500.00 for retailers. Section 45 . Said Code title is further amended by adding a new subsection at the end of Code Section 5A-4701, relating to levy of state excise tax on malt beverages, to be designated subsection (c), to read as follows: (c) There is levied and imposed on the first sale, use, or possession within the state of malt beverages a tax on all such beverages in excess of 1,440 ounces or five standard cases of 12 ounce size of such beverages at the same rates of taxation as imposed in this part for other such beverages and on which the taxes are not otherwise imposed by either subsections (a) or (b) of this section. Section 46 . Said Code title is further amended by striking from Code Section 5A4702, relating to exemptions from state excise taxation of malt beverages, the following: this subchapter,
Page 1293
and substituting in lieu thereof the following: subsections (a) and (b) of Code Section 5A-4701, so that when so amended Code Section 5A-4702 shall read as follows: 5A-4702. Exemptions. The taxes imposed by subsections (a) and (b) of Code Section 5A-4701 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. Section 47 . Said Code title is further amended by striking in its entirety Code Section 5A-4731, relating to municipal and county excise tax on malt beverages, which reads as follows: 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., and substituting in lieu thereof a new Code Section 5A-4731 to read as follows: 5A-4731. Municipal and county excise tax. Municipalities and counties permitting the sale of malt beverages shall impose an excise tax, in addition to the excise taxes levied by the state, as follows: (1) Where malt beverages, commonly known as tap or draft beer, are sold in or from a barrel or bulk container, a tax of $6.00 on each container sold containing not more than 15 1/2 gallons and a proportionate tax at the same rate on all fractional parts of 15 1/2 gallons.
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(2) Where malt beverages are sold in bottles, cans, or other containers, except barrel or bulk containers, a tax of 5 per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces. Section 48. Said Code title is further amended by striking from subsections (a) and (b) of Code Section 5A-4735, relating to use of malt beverage tax proceeds by consolidated governments and certain political subdivisions, wherever the same shall appear, the following: 5A-4735, and substituting in lieu thereof the following: 5A-4731, so that when so amended Code Section 5A-4735 shall read as follows: 5A-4735. Use of tax proceeds by consolidated governments and certain political subdivisions. (a) Any tax revenue realized pursuant to Section 5A-4731 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 5A-4731 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 1, 1972, shall be used for the construction of a coliseum or civic center. Section 49. Said Code title is further amended by striking in its entirety subsection (b) of Code Section 5A-5502, relating to surety bonds required of applicants for wine licenses, and substituting in lieu thereof a new subsection (b) to read as follows: (b) The bonds required pursuant to subsection (a) shall be in the following amounts: (1) For wineries, $5,000.00. (2) For retail dealers, $500.00.
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Section 50. Said Code title is further amended by striking from Code Section 5A-5507, relating to restrictions on licensed wholesale dealers in wine, the word: Licensed, and substituting in lieu thereof the following: Except as provided in Code Section 5A-313(a)(5), licensed, so that when so amended Code Section 5A-5507 shall read as follows: 5A-5507. Restriction upon licensed wholesale dealers as to whom they may sell and deliver wine. Except as provided in Code Section 5A-313(a)(5), licensed wholesale dealers shall sell only to other licensed wholesale dealers and to importers and retail dealers licensed in this state. Section 51. Said Code title is further amended by adding a new Code section after Code Section 5A-5509, to be designated Code Section 5A-5510, to read as follows: 5A-5510. Require possession of invoices or delivery tickets when transporting nontax paid wine; seizure as contraband. (a) Every person who transports wine, upon which the taxes imposed by this title have not been paid, into or out of or within this state, shall have in his actual personal possession invoices or delivery tickets showing the name and address of the seller or consignor, the name and address of the purchaser or consignee, the quantity of wine being transported, and the name and address of the person responsible for payment of the state tax at the ultimate destination. (b) All wines, and the vehicles in which the wines are being transported, which are transported into or out of or within this state without accompanying invoices or delivery tickets, are declared to be contraband and shall be seized by the commissioner or his agents. The seizure, disposition, and any claims shall be handled pursuant to Code Section 5A-356. Section 52. Said Code title is further amended by adding a new Code section after Code Section 5A-5510, to be designated Code Section 5A-5511, to read as follows:
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5A-5511. 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, but only if the licensee produces less than 40,000 liters 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 5A-5501 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 5A-5502 with respect to wineries. (d) Wines sold at retail by a manufacturer as provided in Code Section 5A-5511 (a) shall have levied thereon an excise tax as prescribed by Code Section 5A-5701, and such tax shall be reported and remitted to the commissioner as provided in Code Section 5A-306. Section 53 . Said Code title is further amended by striking in its entirety Code Section 5A-5701, relating to levy of state excise tax on wine, and substituting in lieu thereof a new Code Section 5A-5701, to read as follows: 5A-5701. Levy of state excise tax on wine. There are 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, 11 per liter and a proportionate tax at like rates on all fractional parts of a liter. (2) On table wines produced from fruits and berries grown without the state, whether produced within or without the state, 40 per liter and a proportionate tax at like rates on all fractional parts of a liter. (3) On dessert wines produced within the state, wholly from fruits and berries grown within the state, 27 per liter and a proportionate tax at like rates on all fractional parts of a liter.
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(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, 67 per liter and a proportionate tax at like rates on all fractional parts of a liter. (5) On dessert wines produced from fruits and berries grown without the state, whether produced within or without the state, 67 per liter and a proportionate tax at like rates on all fractional parts of a liter. Section 54 . Said Code title is further amended by striking Code Section 5A-5731, relating to local excise tax on wine, in its entirety and substituting in lieu thereof a new Code Section 5A-5731 to read as follows: 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 22 per liter and a proportionate tax at like rates on all fractional parts of a liter. (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 wine sold by the package. Section 55 . Said Code title is further amended by striking from Code Section 5A-6103, relating to license fees for private clubs, the word: law, and substituting in lieu thereof the following: Code Section 5A-2501(g), so that when so amended Code Section 5A-6103 shall read as follows:
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5A-6103. License fees. The license fees for a club shall be the same fees as provided by Code Section 5A-2501(g) 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. Section 56 . Said Code title is further amended by striking from subsection (a) of Code Section 5A6104, relating to sales by private clubs within municipalities, the following: 80 per wine gallon, and substituting in lieu thereof the following: 22 per liter, so that when so amended subsection (a) of Code Section 5A-6104 shall read as follows: (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 22 per liter on distilled spirits. Section 57 . Said Code title is further amended by striking in its entirety subsection (a) of Code Section 5A-6109, relating to referendum on issuance of licenses for private clubs, and substituting in lieu thereof a new subsection (a) to read as follows: (a) Upon the presentation of a petition to the election superintendent of a county or municipality, which petition must be signed by at least 25 percent of the registered voters of such county or municipality who are qualified to vote at the general election immediately preceding the presentation of the petition, 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 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.
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Section 58 . Said Code title is further amended by striking from the caption of Code Section 5A-6301, relating to sale of two-ounce containers of distilled spirits by passenger carriers, the following: two-ounce, and substituting in lieu thereof the following: 50 milliliter, and by striking from subsection (a) of said section the following: two fluid ounces, and substituting in lieu thereof the following: 50 milliliters, so that when so amended Code Section 5A-6301 shall read as follows: 5A-6301. Commissioner may authorize distribution or sale of 50 milliliter 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 50

milliliters 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. (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.
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Section 59 . Said Code title is further amended by striking from subsection (b) of Code Section 5A-6302, relating to authorization for distribution and sale of wine and malt beverages by passenger carriers, the following: $100.00, and substituting in lieu thereof the following: $50.00 for a wine license and $50.00 for a malt beverage license, so that when so amended subsection (b) of Code Section 5A-6302 shall read as follows: (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 $50.00 for a wine license and $50.00 for a malt beverage license. Section 60 . Said Code title is further amended by striking in their entirety subsections (b) and (c) of Code Section 5A-7104, relating to transportation of distilled spirits in dry counties, and substituting in lieu thereof new subsections (b) and (c) to read as follows: (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-7105 and intended for personal use and not for sale. (c) It is not unlawful for any licensed wholesaler, importer, or common carrier 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 and such destination is within a county or municipality in which the sale of distilled spirits has been authorized. The commissioner may issue a permit to any person to transport, ship, or carry distilled spirits pursuant to this part. Section 61 . Said Code title is further amended by striking in its entirety Code Section 5A-7105, relating to limitation on quantity of distilled spirits which may be possessed in a dry county, and substituting in lieu thereof a new Code Section 5A-7105 to read as follows:
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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 1.75 liters, liter, or 750 milliliter size containers of distilled spirits, but not more than eight individual containers of distilled spirits of a size of 200 milliliters or four individual containers of distilled spirits of a size of 500 milliliters, which may have been purchased by the person for use and consumption from a lawful and authorized retailer and properly stamped. Section 62 . Said Code title is further amended by striking in its entirety subsection (b) of Code Section 5A-7113, relating to seizure and distribution of contraband in dry counties, and substituting in lieu thereof a new subsection (b) to read as follows: (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. 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 30 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 at the expiration of 30 days after the filing of a petition pursuant to paragraph (2) no claimant has appeared to defend against the petition, the court shall order the disposition of the property as otherwise provided in this subsection. (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 disposed of by order of the court after such advertisement as the court may direct.
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(5) Except as otherwise provided in this section, property forfeited pursuant to this subsection shall be disposed of by order of the court as follows: (A) Upon application of the seizing law enforcement agency or any other law enforcement agency of state, county, or municipal government, permit the agency to retain the property for official use in

law enforcement work. (B) Sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds of such sale shall be used for payment of all proper expenses of the forfeiture and sale including, but not limited to, the expenses of seizure, maintenance of custody, advertising, and court costs. (C) The remainder of the proceeds of a sale of forfeited property, after the deductions authorized in subparagraph (B), shall be paid into the general fund of the county in which the seizure is made. Section 63 . Said Code title is further amended by striking from paragraph (2) of subsection (c) of Code Section 5A-7114, relating to contraband raw materials, the following: 5A-7112, and substituting in lieu thereof the following: 5A-7113, so that when so amended paragraph (2) of subsection (c) shall read as follows: (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 5A-7113, applicable to vehicles and conveyances, shall be followed. Section 64 . Said Code title is further amended by adding a new Code section after Code Section 5A-9901, to be designated Code Section 5A-9901.1, to read as follows:
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5A-9901.1. Unlawful sale of alcoholic beverages to, and unlawful purchase and possession of alcoholic beverages by, any person under 19 years of age. (a) It is unlawful for any person, knowingly, to violate any prohibition contained in Code Section 5A-510, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 19 years of age. (b) Any person violating any prohibition contained in Code Section 5A-510 is guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor, except that any person convicted of possession of alcoholic beverages pursuant to Code Section 5A-510(a)(2) shall be punished by not more than 30 days' imprisonment, a fine of not more than $300.00, or both. (c) Whenever any person who has not been previously convicted of any offense under this 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 Code Section 5A-510(a)(2) or (a)(3), the court, without entering a judgment of guilt and with the consent of such person, may defer further proceedings and place him on probation upon such reasonable terms and conditions as the court may require. The 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. Section 65 . Said Code title is further amended by striking from Code Section 5A-9902, relating to penalties for unlawful distillation, manufacture, making, transporting, shipping, receiving, or possessing of alcoholic beverages, wherever the same shall appear, the following: 5A-513,
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and substituting in lieu thereof the following: 5A-514, so that when so amended Code Section 5A-9902 shall read as follows: 5A-9902. Unlawful distillation, manufacture, making, transporting, shipping, receiving, or possessing of alcoholic beverages pursuant to Code Section 5A-514; penalties. (a) It is unlawful for any person, knowingly and intentionally, to violate any provisions of Code Section 5A-514, 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-514 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-514 is guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. Section 66. 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 of alcoholic beverages, approved April 8, 1980 (Ga. Laws 1980, p. 1573), is hereby amended by striking in its entirety Section 4 thereof which reads as follows: 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.

Page 1305
Section 67. Said Act is further amended by adding a new section after Section 3 thereof, to be designated Section 3A, to read as follows: Section 3A. 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 58 or to any other provision of law which was codified on June 30, 1981, as a part of Georgia Code Annotated Title 58 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 5A or to that provision of Georgia Code Title 5A which has been substituted for the provision to which the original reference is made. (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 5A. 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 68. Said Act is further amended by inserting in Section 6 thereof immediately preceding the symbol . the following: , except that Section 2 of this Act shall become effective July 1, 1982, so that when so amended Section 6 shall read as follows: Section 6. Effective date. This Act shall become effective July 1, 1981, except that Section 2 of this Act shall become effective July 1, 1982. Section 69. Code Section 26-9906, relating to tippling houses, is hereby repealed in its entirety. Section 70. An Act to require certain business establishments which sell alcoholic beverages by the package off premises to post a notice, approved March 25, 1980 (Ga. Laws 1980, p. 1174), is hereby repealed in its entirety. Section 71. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or
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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 72. This Act shall become effective July 1, 1981. Section 73. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1981. CRIMINAL JUSTICE COORDINATING COUNCIL CREATED. No. 733 (House Bill No. 18). AN ACT To create the Criminal Justice Coordinating Council; to provide legislative findings and a declaration of policy; to provide for assignment to the Office of Planning and Budget for administrative purposes; to provide for the members, officers, duties, powers, authority, appointments, terms of office, and vacancies; to provide for meetings; to provide for expenses; to provide for a director and other staff personnel; to provide for rules and regulations; to provide for functions and authority; to preserve the powers of certain state and local agencies; to provide for procedures connected with the foregoing; to repeal a specific law; 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. The General Assembly finds that the high incidence of crime in Georgia is detrimental to the general welfare of the state and its citizens and that criminal justice efforts must be better coordinated, intensified, and made more effective in all components of the system and at all levels of government. The General Assembly, therefore, declares it to be the public policy of this state to provide the necessary leadership to coordinate the major components of the criminal justice system by establishing a state-wide coordinating body which represents all components and all levels of the criminal justice system. Section 2. There is hereby established the Criminal Justice Coordinating Council of the State of Georgia which is assigned to the Office of Planning and Budget for administrative purposes only, as prescribed in Section 3 of the Executive Reorganization Act of 1972 (Ga. Laws 1972, p. 1015), as amended. Section 3. The Criminal Justice Coordinating Council shall consist of 16 members and shall be composed as follows: (1) The chairman of the Georgia Peace Officer Standards and Training Council, the chairman of the Georgia Organized Crime Prevention Council, the chairman of the Judicial Council of Georgia, the chairman of the Prosecuting Attorneys' Council, the chairman of the Board of Offender Rehabilitation, the vice-chairman of the Board of Public Safety, the chairman of the State Board of Pardons and Paroles, and the commissioner of the Department of Community Affairs shall be ex officio members of the council, as full voting members of the council by reason of their office. (2) Eight members shall be appointed by the Governor for terms of four years, their initial appointments, however, being two for four-year terms, two for three-year terms, and four for two-year terms. Appointments shall be made so that there are always on the council the following

persons who are appointed by the Governor: one county sheriff, one chief of police, one mayor, one county commissioner, and four individuals who shall be, by virtue of their training or experience, knowledgeable in the operations of the Georgia criminal justice system. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment.
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(3) In the event of death, resignation, disqualification, or removal for any reason of any member of the council, vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term. (4) The initial terms for all members shall begin July 1, 1981. (5) Membership on the council does not constitute public office and no member shall be disqualified from holding public office by reason of his membership. Section 4. The business of the council shall be conducted in the following manner: (1) The council shall annually elect a chairman and a vice chairman from among its membership. The offices of chairman and vice chairman shall be elected in such a manner that they are not held in succeeding years by representatives of the same component (law enforcement, courts, corrections,) of the criminal justice system. (2) The council shall meet at such times and places as it shall determine necessary or convenient to perform its duties, although the council shall meet on the call of the chairman or at the written request of three of its members. (3) The council shall maintain minutes of its meetings and such other records as it deems necessary. (4) The council shall adopt such rules for the transaction of its business as it shall desire and may appoint such committees as it considers necessary to carry out its business and duties. Section 5. 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 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 6. (a) The Governor shall appoint a director of the council who shall serve at the pleasure of the Governor. (b) The director may contract with other agencies, public and private, or persons as he or she deems necessary for the rendering and affording of such services, facilities, studies, research, and reports to the council as will best assist it to carry out its duties and responsibilities. (c) The director may employ such other professional, technical, and clerical personnel as deemed necessary to carry out the purposes of this Act. Section 7. The council is vested with the following functions and authority: (1) To cooperate with and secure cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this Act; (2) To prepare, publish, and disseminate fundamental criminal justice information of a descriptive and analytical nature to all components of the Georgia criminal justice system, to include law enforcement agencies, the courts, and correctional agencies; (3) To serve as the state-wide clearinghouse for criminal justice information and research; (4) To maintain a research program to identify and define significant criminal justice problems and issues and effective solutions and publish special reports as needed; (5) In coordination and cooperation with all components of the Georgia criminal justice system, to develop criminal justice legislative proposals and executive policy proposals reflective of the priorities of the entire Georgia criminal justice system; (6) To serve in an advisory capacity to the Governor on issues impacting the Georgia criminal justice system;
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(7) To coordinate high visibility criminal justice research projects and studies with a state-wide impact which cross traditional system component lines; (8) To convene periodically state-wide criminal justice conferences involving key executives in the Georgia criminal justice system and elected officials for the purpose of developing, prioritizing, and publicizing a policy agenda for the Georgia criminal justice system; (9) To provide for the interaction, communication, and coordination of all components of the Georgia criminal justice system; (10) To do any and all things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authority granted to it. Section 8. Notwithstanding any provision in this Act to the contrary, the Criminal Justice Coordinating Council shall not exercise any power, undertake any duty, or perform any function presently or hereafter assigned by law to the Governor, the Attorney General, or any of the prosecuting or investigatory agencies at the state or local level. Section 9. The council shall prepare a budget request in the same manner as any such request would be prepared by a budget unit under the

provisions of Code Chapter 40-4, known as the Budget Act, and a separate appropriation shall be provided for the council in the general appropriations Act. The council is hereby authorized to accept and use gifts, grants, and donations for the purpose of carrying out the provisions of this Act. The council is also authorized to accept and use property, both real and personal, and services, for the purpose of carrying out the provisions of this Act. Any funds, property, or services received as gifts, grants, or donations shall be kept separate and apart from any funds received by the Office of Planning and Budget; and such funds, property, or services so received by gifts, grants, or donations shall be the property and funds of the council and, as such, shall not lapse at the end of each fiscal year but shall remain under the control and subject to the direction of the council to carry out the provisions of this Act.
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Section 10. The Criminal Justice Planning and Coordination Act of 1978, approved April 5, 1978 (Ga. Laws 1978, p. 2004), is hereby repealed. Section 11. This Act shall be repealed effective July 1st, 1983. Section 12. This Act shall become effective on July 1, 1981. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1981. STATE REAL ESTATE COMMISSIONERPOWERS, DUTIES, ETC. Code Chapter 84-14 Amended. No. 734 (House Bill No. 68). AN ACT To amend Code Chapter 84-14, relating to real estate brokers and salesmen, as amended, so as to empower the real estate commissioner to employ and discharge assistants or employees in his discretion and to fix their compensation; to provide that the action of an applicant or licensee shall be sufficient ground for refusal, suspension, or revocation of a license under certain conditions; to provide that the continuing education requirements shall not apply to certain persons; to provide that a trust or escrow account designated and registered with the commission shall not be subject to attachment or garnishment; to provide that the commission may elect to pay any overage collected on a judgment to the original judgment creditor or reassign the remaining interest in the judgment to the original judgment creditor without subjecting the fund to further liability; to provide for the payment of costs incurred attempting to collect assigned judgments; to provide for notice of hearings; 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 84-14, relating to real estate brokers and salesmen, as amended, is hereby amended by striking the last sentence of subsection (b) of Code Section 84-1405, which reads as follows: Said Real Estate Commission is empowered to employ such assistants or employees as are necessary to do the work of the Commission and the Commission is empowered to employ and dismiss such persons and to fix the compensation of such assistants or employees., in its entirety. Section 2. Said Code chapter is further amended by striking paragraph (1) of subsection (c) of Code Section 84-1405 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) The commissioner shall be a full-time employee of the commission and shall serve as the chief executive officer of the commission. The commission shall in its discretion appoint the commissioner and fix his annual salary. Any person, in order to qualify for appointment to the office of commissioner, shall be a person of good moral character and shall possess such qualifications as the commission may require. The commissioner shall hold no interest in any real estate business or related business while serving as commissioner. The commissioner with the approval of the commission may employ and fix the compensation of the following employees, a secretary, investigators and such other staff to assist him in his duties. Said employees shall not be placed in the classified service of the State Merit System. Provided that nothing in this act shall be construed to affect any employee now in the classified service of the State Merit System. Section 3. Said Code chapter is further amended by striking subsection (c) of Code Section 841410 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) Where an applicant or licensee has made a false statement of material fact on his application or caused to be submitted or been a party to preparing or submitting any falsified application to the commission, such action may, in itself, be sufficient ground for the refusal, suspension, or revocation of the license.
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Section 4. Said Code chapter is further amended by striking subsection (d) of Code Section 84-1411 in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) Effective January 1, 1982, each applicant for renewal of a license must furnish, to the commission, evidence of having attended a continuing education course not to exceed six hours of in-class study in a course approved by the commission. This requirement of continuing education must be met each renewal period. The commission shall not require the passing of an examination to meet this requirement. Excluded from the requirements of this subsection are those persons actively licensed as of January 1, 1980,

and those persons eligible for active licensure on January 1, 1980, whose brokerage firm's licenses were renewed after January 1, 1980, and before January 1, 1982, under the provisions of subsection (d) of Code Section 84-1412. The in-class study course will be provided by all educational or duly authorized instructional organizations teaching real estate licensing courses. Section 5. Said Code chapter is further amended by striking subsection (a) of Code Section 84-1419 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Each broker shall maintain a separate bank checking account in this state which shall be designated a trust or escrow account wherein all down payments, earnest money deposits, or other trust funds received by the broker, his associate brokers, or his salespersons, on behalf of his principal or any other person, shall be deposited. An account so designated and registered with the commission shall not be subject to attachment or garnishment. Section 6. Said Code chapter is further amended by striking the first unnumbered paragraph of Code Section 84-1421 in its entirety and inserting in lieu thereof a new first unnumbered paragraph to read as follows: The commission may, upon its own motion, and shall upon the sworn complaint in writing of any person, investigate the actions of any real estate broker, associate broker, salesperson, or real estate courses and instructors approved by the commission. Except for investigations of applicants for licensure, investigations of allegations of fraudulent conduct or of mishandling of funds held in fiduciary capacity, or investigations of possible violations of this chapter which
Page 1314
has been litigated in the courts or arise from litigation in the courts; the commission shall not initiate an investigation on its own motion or investigate a sworn complaint of a licensee's activity unless the act or acts which may constitute a violation of any provision of this chapter occurred within three years of the initiation of the investigation. Any person authorized to conduct an investigation on behalf of the commission shall have access to and may examine any writings, documents, or other material which may be related to an investigation made upon the order of the commission. After the service of a notice of hearing, the real estate commissioner or chairman of the Real Estate Commission may issue subpoenas to compel production of such writings, documents, or material either on behalf of the commission or at the request of a respondent. The Real Estate Commission or the respondent may apply to the superior court of the county in which a person disobeying a subpoena resides for an order requiring compliance. Failure to comply with such an order shall be punishable as for contempt of court. Section 7. Said Code chapter is further amended by striking subsection (f) of Code Section 84-1424 in its entirety and inserting in lieu thereof a new subsection (f) to read as follows: (f) When, upon the order of the court, the commission has paid from the real estate education, research, and recovery fund any sum to the judgment creditor, the commission shall be subrogated to all of the rights of the judgment creditor. The judgment creditor shall assign all his right, title, and interest in the judgment to the commission before any payment is made from the fund, and any amount and interest so recovered by the commission on the judgment shall be deposited to the fund. If the total amount collected on the judgment by the commission exceeds the amount paid from the fund to the original judgment creditor plus interest and the cost of collection, the commission may elect to pay any overage collected to the original judgment creditor or reassign the remaining interest in the judgment to the original judgment creditor. The payment or reassignment to the original judgment creditor shall not subject the fund to further liability for payment to the original judgment creditor based on that transaction or judgment. Any costs incurred by the commission attempting to collect assigned judgments shall be paid from the fund.
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Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1981. HEALTHAMBULANCE SERVICES. Code Chapter 88-31 Amended. No. 735 (House Bill No. 123). AN ACT To amend Code Chapter 88-31, relating to ambulance services, as amended, so as to provide requirements for active practice, continuing education, and recertification for emergency medical technicians, cardiac technicians, and advanced emergency medical technicians; to provide for certificate revocation and reinstatement; to require notification of requirements; to provide for exceptions; to provide for standards; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-31, relating to ambulance services, as amended, is hereby amended by striking in its entirety Code Section 88-3112.8 and inserting in lieu thereof a new Code Section 88-3112.8 to read as follows: 88-3112.8 Recertification. (a) In order to insure the continued competency of emergency medical technicians, advanced emergency medical technicians and cardiac technicians, the board, or in the case of emergency medical technicians the department, may adopt by regulation reasonable standards for the periodic recertification of emergency medical technicians, advanced emergency medical technicians and cardiac technicians. These standards may include such additional examination or educational requirements as the board or

Page 1316
department may deem appropriate to accomplish the above-stated purpose. If the board or department adopts such regulations, failure to conform with the same shall be cause for revocation of a certificate. No standards shall be adopted by the board or the department pursuant to this subsection other than those authorized by the other subsections of this Code section. The board or department shall give notice of any recertification requirements to each certificate holder. (b) In order to insure the continued competency of emergency medical technicians, cardiac technicians, and advanced emergency medical technicians having a certificate under this chapter, no later than December 31 of each year such persons shall furnish evidence satisfactory to the department or board which certified them under this Code chapter of having met the active practice requirements of subsection (c) of this section and the continuing education requirements of subsection (d) of this section. (c) The active practice requirements shall be met if, for at least 80 hours per month during at least nine months out of the immediately preceding 12 months or for at least 80 hours per month during at least 18 months out of the immediately preceding 24 months, a person renders or was on call to render any service which such person's certificate authorized that person to render. (d) The continuing education requirements shall be met by annually completing one-fifth of the following five-year continuing education hours: 50 hours for emergency medical technicians; 75 hours for cardiac technicians; and 100 hours for advanced emergency medical technicians. These five-year continuing education hours shall be divided into five different and discrete segments or modules of equal length. Any one module may be completed each year to meet the annual continuing education requirements, but all five modules shall be completed during a five-year period. This program of continuing education shall be approved by the department. The program, or any modular segment of the program, shall be taught or administered either by persons meeting qualifications established by the department and employed or authorized by a vocational-technical school in the state, by any person who is a medical adviser under Code Section 88-3118, or both. (e) A certificate issued under this Code chapter shall be revoked, under the procedures of Code Section 88-3112.6 or 88-3112.7, if the holder of the certificate fails to furnish to the department or the
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board which certified him under this Code chapter satisfactory evidence of meeting the active practice requirements, continuing education requirements, or both, of this Code section. A certificate so revoked may be reinstated upon the holder's furnishing to the department or the board which certified the holder under this Code chapter satisfactory evidence of having successfully completed a 40 hour recertification course and having successfully passed both a written and practical examination. The recertification course, the person teaching the course, the examinations, and the requirements for passing the examinations shall be approved by the department. A person whose certificate has been so reinstated shall be required to meet the active practice and continuing education requirements of this section for the 12 month period following the certificate reinstatement and for each 12 month period thereafter. (f) Any person teaching for at least 80 hours per calendar year any emergency medical technician course, or any continuing education course or recertification course authorized by this Code section, or any combination of such courses, shall not be required for that year to meet either the active practice or continuing education requirements provided in this Code section in order to maintain such person's certificate as an emergency medical technician. (g) The requirements regarding the location at which certain courses may be taught under Code Section 88-3112(d) shall not apply to either continuing education courses or recertification courses under this Code section. Section 2. For administrative purposes, including the adoption of rules and regulations, this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. For all other purposes, this Act shall become effective January 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1981.
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VISITATION RIGHTS, ETC. OF GRANDPARENTS. No. 736 (House Bill No. 188). AN ACT To amend an Act relating to the grandparents of certain children, approved February 27, 1976 (Ga. Laws 1976, p. 247), as amended, particularly by an Act approved March 24, 1980 (Ga. Laws 1980, p. 936), so as to authorize the grant of visitation rights to grandparents when the parents of their grandchildren have obtained a divorce or are engaged in proceedings for divorce; to provide for proceedings for revocation or modification of grandparents' visitation rights; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act relating to the grandparents of certain children, approved February 27, 1976 (Ga. Laws 1976, p. 247), as amended, particularly by an Act approved March 24, 1980 (Ga. Laws 1980, p. 936), is hereby

amended by striking Section 1 and inserting in its place a new Section 1 to read as follows: Section 1. (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 two year period, to obtain visitation rights to said minor child.
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(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 two year period, to obtain visitation rights to said minor child. (c) Whenever any court in this State shall have before it any question concerning the custody of any minor child or whenever the parents of the minor child have been divorced or are engaged in legal proceedings to obtain a divorce, any grandparent of the child may be granted reasonable visitation rights upon proof of special circumstances which make such visitation rights necessary to the best interests of the child. There shall be no presumption in favor of visitation by any grandparent, and the court shall have discretion to deny such visitation rights. Any grandparent shall have the right to intervene and petition for visitation rights in any action involving the custody of any minor child or in any divorce action. If the parents of the minor child have been divorced, a parent of either parent of the minor child shall have the right to file an original pleading requesting visitation rights, but not more than once during any two year period and not during any year in which another custody action has been filed concerning said child. After visitation rights have been granted to any grandparent, the legal custodian or guardian of the person of the child may petition the court for revocation or amendment of such visitation rights, for good cause shown, which the court, in its discretion, may grant or deny; but such a petition shall not be filed more than once in any two year 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 April 13, 1981.
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DISABLED ADULTS PROTECTION ACT. No. 737 (House Bill No. 207). AN ACT To be known as the Disabled Adults Protection Act so as to require the mandatory reporting of suspected abuse, neglect, or exploitation of disabled adults; to provide a short title; to provide for legislative purpose; to provide for definitions; to provide methods of reporting; to provide immunity for certain persons making reports, testifying in a court proceeding arising from reports, providing protective services, or participating in certain investigations; to provide for investigation of reports; to provide for voluntary and court ordered investigations and provision of protective services and to provide the procedures connected therewith; to provide for enforcement and penalties; to provide for expenses; to provide for cooperation of certain departments and agencies; to provide for medical evaluations; to provide for regulations; to provide for confidentiality; to provide an effective date; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . This Act shall be known and may be cited as the Disabled Adults Protection Act. Section 2 . The purpose of this Act is to provide protective services for abused, neglected, or exploited disabled adults. It is not the purpose of this Act to place restrictions upon the personal liberty of disabled adults, but this Act should be liberally construed to assure the availability of protective services to all disabled adults in need of them. Section 3 . As used in this Act, unless the context otherwise clearly requires, (1) Abuse means the willful infliction of physical pain, physical injury, mental anguish, unreasonable confinement, or the willful deprivation of essential services to a disabled adult. (2) Caretaker means a person who has the responsibility for the care of a disabled adult as a result of family relationship,
Page 1321
contract, or voluntary assumption of that responsibility, or by operation of law. (3) Court means the probate court for the county of residence of the disabled adult or the county in which such person is found. In any case in which the judge of said probate court is unable to hear a case brought under the provisions of this Act 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 and be 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. (4) Department means the Georgia Department of Human Resources. (5) Director means the director of the Department of Family and Children Services, or the director's designee, in the county in which the disabled adult resides or is present. (6) Disabled adult means a person 18 years of age or older who is not a resident of a long-term care facility, as defined in Code Chapter 88-19C, but who is mentally or physically incapacitated. (7) Disabled adult in need of protective services means a disabled adult who is subject to abuse, neglect, or exploitation as a result of that adult's mental or physical incapacity. (8) Essential services means social, medical, psychiatric, or legal services necessary to safeguard the disabled adult's rights and resources and to maintain the physical and mental well-being
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of such person. These services shall include but not be limited to the provision of medical care for physical and mental health needs, assistance in personal hygiene, food, clothing, adequately heated and ventilated shelter, and protection from health and safety hazards but shall not include taking into physical custody a disabled adult without that adult's consent. (9) Exploitation means the illegal or improper use of a disabled adult or that adult's resources for another's profit or advantage. (10) Neglect means the absence or omission of essential services to the degree that it harms or threatens with harm the physical or emotional health of the disabled adult. (11) Protective services means services necessary to protect a disabled adult from abuse, neglect, or exploitation. Such services shall include but not be limited to evaluation of the need for services and mobilization of essential services on behalf of a disabled adult. Section 4 . (a) Any person having reasonable cause to believe that a disabled adult is in need of protective services shall report such information to the director. (b) The report may be made by oral or written communication. The report shall include the name and address of the disabled adult and should include the name and address of the disabled adult's caretaker, the age of the disabled adult, the nature and extent of the disabled adult's injury or condition resulting from abuse, exploitation, or neglect, and other pertinent information. (c) Anyone who makes a report pursuant to this Act, who testifies in any judicial proceeding arising from the report, who provides protective services, or who participates in a required investigation under the provisions of this Act shall be immune from any civil or criminal liability on account of such report or testimony or participation, unless such person acted in bad faith or with a malicious purpose. Section 5 . (a) Any director receiving a report that a disabled adult is in need of protective services shall conduct or have conducted a prompt and thorough investigation to determine whether the
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disabled adult is in need of protective services and what services are needed. The investigation shall include a visit to the person and consultation with others having knowledge of the facts of the particular case. (b) Any person conducting an investigation required by this section who is unable to gain access to the disabled adult as a result of interference by another person may petition the court for an order authorizing the investigation and prohibiting interference therewith, which petition shall allege specific facts in support thereof. A hearing upon such petition and notice thereof shall be carried out pursuant to subsection (f) of this section. If as a result of the hearing the court finds probable cause to believe that the person named in the petition is a disabled adult in need of protective services and that any other person is interfering with the conduct of an investigation required hereunder, the court may issue an order authorizing that investigation and prohibiting interference therewith by any person. (c) If as a result of an investigation conducted under this Act the director determines that a disabled adult is in need of protective services, the director shall immediately provide or arrange for protective services for any disabled adult who consents thereto. (d) Any person providing protective services as authorized by subsection (c) who determines that another person is interfering with the provision of such services may petition the court for an order authorizing such services and prohibiting interference therewith. Such petition shall allege specific facts in support thereof, including but not limited to the results of any investigation required to be made under this Act. A hearing upon such petition and notice thereof shall be carried out pursuant to subsection (f) of this section. If as a result of the hearing the court finds by clear and convincing evidence that the person named in the petition is a disabled adult in need of protective services and that any other person is interfering with the provision of such services, the court may issue an order authorizing the provision of such services and prohibiting the interference therewith

by any person. (e) Protective services may not be provided under this Act to any person who does not consent to such services or who, having consented, withdraws such consent. Nothing herein shall prohibit the department from petitioning for the appointment of a guardian for a disabled adult pursuant to Code Chapter 49-6.
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(f) A hearing on any petition filed under this section shall be held no sooner than five and no later than ten days after such petition is filed, unless a continuance is granted. At least three days prior to such hearing notice thereof shall be served on the petitioner and notice and copy of the petition shall be served on the person alleged to be a disabled adult in need of protective services and on such person or persons named in the petition as interfering with the investigation or with the provision of protective services, as applicable. Notice shall be served in person or by first class mail. Any person willfully violating any order issued pursuant to this section shall be in contempt of the court issuing such order and may be punished accordingly by the judge of that court. (g) The expenses of the court and the hearing officer for any hearing conducted under this section shall be the same as those provided in Code Section 88-507.2, as now or hereafter amended, and shall be paid as provided therein. A disabled adult shall be deemed to be a patient under Code Section 88-507.2 only for purposes of determining hearing expenses thereunder. Nothing herein shall authorize the payment of attorney's fees for any hearing conducted under this section. Section 6 . (a) The staff and physicians of local health departments, mental health clinics, and other public agencies shall cooperate fully with the director in the performance of his duties under this Act. (b) The director may contract with an agency or private physician for the purpose of providing immediate accessible medical evaluations in the location that the director deems most appropriate. (c) The Department of Human Resources shall adopt regulations to insure the effective implementation of the provisions of this Act. Section 7 . All records pertaining to the abuse, neglect, or exploitation of disabled adults in the custody of the department shall be confidential; and access thereto by persons other than the department, the director, or the district attorney shall only be by valid subpoena or order of any court of competent jurisdiction. Section 8 . In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional,
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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 . 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 13, 1981. PISTOL OR REVOLVER LICENSES. Code Section 26-2904 Amended. No. 738 (House Bill No. 220). AN ACT To amend Code Section 26-2904, relating to pistol or revolver licenses, as amended, so as to authorize the issuance of temporary renewal licenses under certain conditions and provide for all related matters; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 26-2904, relating to pistol or revolver licenses, as amended, is hereby amended by adding a new subsection (f) to read as follows:
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(f) (1) Any person who holds a three-year license to carry a pistol or revolver may, at the time he applies for a renewal of the three-year license, also apply for a temporary renewal license if less than 90 days remain before expiration of the three-year license he then holds or if his previous three-year license has expired within the last 30 days. (2) Unless the probate judge knows or is made aware of any fact which would make the applicant ineligible for a three-year renewal license, the judge shall at the time of application issue to the applicant a temporary renewal license. (3) Such a temporary renewal license shall be in the form of a paper receipt indicating the date on which the court received the renewal application and shall show the name, address, sex, age, and race of the applicant and that the temporary renewal license expires 90 days from the date of issue. (4) During its period of validity the temporary renewal permit, if carried on or about the holder's person together with the holder's previous three-year license, shall be valid in the same manner and for the same purposes as a three-year license. (5) A $1.00 fee shall be charged by the probate court for issuance of a temporary renewal license. (6) A temporary renewal license may be revoked in the same manner as a three-year license. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1981.

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TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 739 (House Bill No. 287). 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. 903), and an Act approved April 1, 1976 (Ga. Laws 1976, p. 1458), so as to change the provisions relative to creditable service for periods of graduate study; 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 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. 903), and an Act approved April 1, 1976 (Ga. Laws 1976, p. 1458), is hereby amended by striking in its entirety that paragraph of subsection (4) of Section 3, which reads as follows: In order to be given creditable service for any period of approved study leave, the member must be granted a leave of absence by his last employer prior to the commencement of the study leave, must return to employment for a minimum of five years following such study leave, and the member must pay the appropriate member contributions plus applicable accrued interest in accordance with regulations adopted by the Board of Trustees on the basis of the salary the member was receiving for full-time employment immediately prior to the study leave, and the member's present employer must pay the appropriate employer matching funds and accrued interest thereon if the source of funds from which the member was paid immediately prior to his leave of absence was other than State funds. The provisions of this paragraph shall apply to approved study leaves heretofore and hereafter granted, but nothing herein shall be construed to rescind any creditable service heretofore granted pursuant to the provisions of this paragraph., and substituting in lieu thereof a new paragraph to read as follows:
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A member who undertakes full-time graduate study designed to advance or improve his training or abilities as a teacher is entitled to receive creditable service for the period of graduate study under the following conditions: (i) The member must have been a full-time teacher in the public schools of the State of Georgia or in the University System of Georgia under the Board of Regents immediately prior to the period of graduate study; (ii) The member must submit a transcript or similar document to the Teachers' Retirement System as verification of the graduate study pursued; (iii) The member must return to full-time employment as a teacher in the public schools of the State of Georgia or in the University System of Georgia under the Board of Regents for a minimum of five (5) years following such period of graduate study; (iv) The member must pay the appropriate member contributions plus applicable accrued interest in accordance with regulations adopted by the Board of Trustees on the basis of the salary the member was receiving for full-time employment as a teacher immediately prior to the period of graduate study; and (v) Either the member's present employer or the member must pay the appropriate employer contributions and applicable accrued interest thereon if the source of funds from which the member was paid immediately prior to his period of graduate study was other than State funds. The foregoing provisions of this paragraph shall apply to periods of graduate study heretofore and hereafter granted, but nothing contained therein shall be construed to rescind any creditable service heretofore granted pursuant to the provisions of this paragraph or its predecessors.
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Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1981. GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT AMENDEDREPAIRS. No. 740 (House Bill No. 314). AN ACT To amend an Act known as the Georgia Motor Vehicle Accident Reparations Act, approved February 28, 1974 (Ga. Laws 1974, p. 113), as amended, so as to make it unlawful for any insurer issuing motor vehicle liability or collision policies in this state to require a person who is legally entitled to recover damages from the insurer to utilize a particular person, firm, or corporation for repair work on a motor vehicle, provided that such person can obtain the repair work at the same cost from another source; to provide for applicability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Georgia Motor Vehicle Accident Reparations Act, approved February 28, 1974 (Ga. Laws 1974, p. 113), as amended, is hereby amended by adding between Section 14 and Section 15 a new section, to be designated Section 14A, to read as follows: Section 14A. Motor vehicle repairs; restrictions on freedom of choice. No insurer issuing motor vehicle liability or collision insurance policies in this state shall require a person making a claim against an insured under one of such policies to utilize a particular person, firm, or corporation to repair a motor vehicle in order to settle a property damage liability or collision claim if the person making the claim can obtain the repair work on the motor vehicle at the same cost from another source.

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Section 2 . The provisions of this Act shall be applicable to all motor vehicle liability policies issued in this state after July 1, 1981. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1981. DISPOSITION OF UNCLAIMED PROPERTY ACT AMENDEDPRESUMPTIONS OF ABANDONMENT, ETC. No. 741 (House Bill No. 345). AN ACT To amend an Act known as the Disposition of Unclaimed Property Act, approved April 3, 1972 (Ga. Laws 1972, p. 762), as amended, so as to provide for presumption of abandonment of intangible property held by courts, public corporations, public authorities, or public officers of the State or its political subdivisions; to provide for exceptions regarding such property held on behalf of former residents and patients of certain State institutions and 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 . An Act known as the Disposition of Unclaimed Property Act, approved April 3, 1972 (Ga. Laws 1972, p. 762), as amended, is hereby amended by striking in its entirety Section 9 thereof, which reads as follows: Section 9. Property Held by State Courts and Public Officers and Agencies. All intangible personal property held for the owner by any court, public corporation, public authority, or public officer of the State, or a political subdivision thereof, that has remained unclaimed by the owner for more than fifteen years is presumed abandoned.,
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and inserting in lieu thereof a new Section 9 to read as follows: Section 9. Property Held by State Courts, Public Officers, and Agencies. (a) Except as provided in subsection (b), all intangible personal property held for the owner by any court, public corporation, public authority, or public officer of the State or a political subdivision thereof that has remained unclaimed by the owner for more than 15 years is presumed abandoned. (b) All intangible personal property, including but not limited to funds or moneys in patient or inmate trust accounts or other accounts, held for or on behalf of an owner who had been a resident or patient or inmate in any institution or facility operated by the Georgia Department of Human Resources, or the Georgia Department of Offender Rehabilitation, which property has remained unclaimed by the owner or guardian of the owner for more than five years, is presumed abandoned. 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 13, 1981. PRIVATE COLLEGES AND UNIVERSITIES FACILITIES AUTHORITY ACT AMENDED. No. 742 (House Bill No. 502). AN ACT To amend an Act known as the Private Colleges and Universities Facilities Authority Act, approved April 4, 1978 (Ga. Laws 1978, p. 1765), as amended by an Act approved April 16, 1979 (Ga. Laws 1979, p. 1069), so as to change the definition of the word project; to
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redefine the term institution for higher education; to restate the power of the Authority to issue bonds for the purpose of refunding or refinancing outstanding indebtedness; to restate the Authority's ability to exercise powers usually possessed by private corporations; to remove a provision imposing a trust on revenues of the Authority for the benefit of bondholders; 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 Private Colleges and Universities Facilities Authority Act, approved April 4, 1978 (Ga. Laws 1978, p. 1765), as amended by an Act approved April 16, 1979 (Ga. Laws 1979, p. 1069), is hereby amended by adding a paragraph immediately following subsection (b) of Section 3 to read as follows: The word `project' shall also mean and include the acquisition, construction, improvement, or modification of any property, real or personal, which shall be suitable for, used as, or in connection with, an exhibition hall, museum, or other structure or structures for the display by an institution of higher education of the works of its students or faculty or of professional or other artists. Section 2 . Said Act is further amended by striking subsection (e) of Section 3 in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) `Institution for higher education' shall mean a not-for-profit educational institution which is not owned or controlled by the State or any political subdivision, agency, instrumentality, district, or municipality thereof, which provides a program of education beyond the high school level and which (i) admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; and (ii) provides an educational program for which it awards a bachelor's degree, or provides an educational program, admission into which is conditioned upon the prior attainment of a bachelor's degree or its equivalent, for which it awards a post-graduate degree, or provides not less than a two-year program which is acceptable for full credit toward such a degree; and

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(iii) is accredited by a nationally recognized accrediting agency or association or, if not so accredited, is an institution whose credits are accepted, on transfer, by the University System of Georgia and its educational units for credit on the same basis as if transferred from an institution so accredited. Section 3 . Said Act is hereby further amended by striking subsection (p) of Section 4 in its entirety and inserting in lieu thereof a new subsection (p) to read as follows: (p) To issue bonds for the purpose of refunding or refinancing the outstanding indebtedness of a private institution for higher education, whether or not outstanding prior to or after the effective date of this Act, provided that such indebtedness was originally incurred for the purpose of paying the Cost of a Project as defined in this Act. Section 4 . Said Act is further amended by adding a new subsection (q) to Section 4 and by relettering subsections (q) and (r) of Section 4 as subsections (r) and (s), respectively, so that subsections (q), (r), and (s) when so amended shall read as follows: (q) To exercise any power usually possessed by private corporations performing similar functions, provided the exercise of such power is not in conflict with the Constitution and laws of this State. (r) To invest any accumulation of its funds and any sinking fund or reserves in any manner that public funds of the State of Georgia or its political subdivisions may be invested. (s) To do all things necessary or convenient to carry out the powers expressly given in this Act and in any amendments hereto. Section 5 . Said Act is further amended by striking in its entirety Section 13 and substituting in lieu thereof a new Section 13 to read as follows: Section 13. All monies received pursuant to the authority of this Act whether as grants or other contributions, or as revenues, rents and earnings, shall be held and applied solely as provided for in this Act.
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Section 6 . 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 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 April 13, 1981. SHERIFFSQUALIFICATIONS, ETC. Code Section 24-2801 Amended. No. 743 (House Bill No. 619). AN ACT To amend Code Section 24-2801, relating to election, qualification, term of office, etc., of sheriffs, as amended, so as to change certain provisions relating to qualifications of sheriffs; to change residency requirements; to require certification of certain information; 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 24-2801, relating to election, qualification, term of office, etc., of sheriffs, as amended, is hereby amended by striking in its entirety subparagraph (B) of paragraph (1) of subsection (c) and inserting in lieu thereof a new subparagraph (B) to read as follows: (B) Be a resident of the county in which he seeks the office of sheriff for at least two years immediately preceding the date of the election for sheriff. Section 2 . Said Code section is further amended by striking in its entirety paragraph (2) of subsection (c) and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Each person offering his candidacy for the office of sheriff shall, within 60 days prior to or at the time he qualifies: (A) file with the Judge of the Probate Court a certified copy of his birth certificate and a certified copy of his high school diploma or certified proof of its recognized equivalent in education training as established by the Georgia Peace Officer Standards and Training Council; and (B) swear or affirm before the Judge of the Probate Court that he has, meets, or will meet by the date of the election all of the qualifications required pursuant to the provisions of this subsection. 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 13, 1981.
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GEORGIA INSURANCE CODE AMENDEDGEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION. Code Title 56 Amended. No. 744 (House Bill No. 651). AN ACT To amend Code Title 56, known as the Georgia Insurance Code, as amended, so as to create the Georgia Life and Health Insurance Guaranty Association;

to provide for a short title; to provide for purpose and scope; to provide for definitions; to provide for a board of directors; to provide for the powers and duties of the association; to provide for assessments; to provide for a plan of operation; to provide for amendments to the plan of operation; to provide for the duties and powers of the Commissioner; to authorize the board of directors to make reports and recommendations to the Commissioner for the detection and prevention of insurer insolvencies; to provide that the board of directors shall prepare a report to the Commissioner containing such information as it may have in its possession bearing on the history and causes of any insurer insolvency in which the association was obligated to pay covered claims; to provide that records shall be kept of all negotiations and meetings; to provide certain procedures relative to termination of a liquidation, rehabilitation, or conservation proceeding involving an impaired or insolvent insurer; to provide for the recovery of distributions under certain conditions; to provide for examinations of the association; to provide for annual reports by the association; to provide for tax exemptions; to provide for immunity; to provide for an automatic stay of proceedings; to provide for reopening default judgments; to provide penalties for advertising the existence of the Georgia Life and Health Insurance Guaranty Association for the purpose of sales, solicitation, or inducement to purchase certain forms of insurance; to provide that the term contractual obligation shall not include a claim filed after the final date set by the court for the filing of claims against the liquidator or other such court appointed authority; 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:
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Section 1. Code Title 56, known as the Georgia Insurance Code, as amended, is hereby amended by adding a new Code chapter immediately following Code Chapter 56-21 to read as follows: CHAPTER 56-22 Georgia Life and Health Insurance Guaranty Association 56-2201. Purpose. The purpose of this chapter is to protect policy owners, insureds, beneficiaries, annuitants, payees, and assignees of life insurance policies, health insurance policies, annuity contracts, and supplemental contracts, subject to certain limitations, against failure in the performance of contractual obligations due to the impairment or insolvency of the insurer issuing such policies or contracts. To provide this protection, (1) an association of insurers is created to enable the guaranty of payment of benefits and continuation of coverages, (2) members of the association are subject to assessment to provide funds to carry out the purpose of this chapter, and (3) the association is authorized to assist the Commissioner, in the prescribed manner, in the detection and prevention of insurer impairments or insolvencies. 56-2202. Scope. (a) This chapter shall apply to direct life insurance policies, health insurance policies, annuity contracts, and contracts supplemental to life and health insurance policies and annuity contracts issued by persons authorized to transact insurance in this state at any time. (b) This chapter shall not apply to: (1) That portion or part of a variable life insurance or variable annuity contract not guaranteed by an insurer; (2) That portion or part of any policy or contract under which the risk is borne by the policyholder; (3) Any policy or contract or part thereof assumed by the impaired or insolvent insurer under a contract of reinsurance, other than reinsurance for which assumption certificates have been issued; (4) Any policy, contract, certificate, or subscriber agreement issued by a nonprofit hospital service corporation referred to
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in Chapter 56-17, a health care plan referred to in Chapter 56-17A, a nonprofit medical service corporation referred to in Chapter 56-18, a prepaid legal services plan defined in Code Section 56-3503, and a health maintenance organization defined in paragraph (7) of Code Section 56-3601; and (5) Any policy, contract, or certificate issued by a fraternal benefit society defined in Code Section 56-1901. 56-2203. Definitions. As used in this chapter: (1) `Account' means any of the three accounts created under Code Section 56-2204. (2) `Affiliate' means any person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with the person specified. (3) `Association' means the Georgia Life and Health Insurance Guaranty Association created under Code Section 56-2204. (4) `Commissioner' means the Insurance Commissioner of the State of Georgia. (5) `Contractual obligation' means any obligation under covered policies or contracts. (6) `Control' (including the term `controlled') means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise. (7) `Covered policy' means any policy or contract within the scope of this chapter under Code Section 56-2202. (8) `Health insurance' means accident and sickness insurance as that class of insurance is defined in Code Section 56-404. (9) `Impaired insurer' means a member insurer deemed by the Commissioner on or after July 1, 1981, to be potentially unable to fulfill its contractual obligations but not an insolvent insurer.

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(10) `Insolvent insurer' means a member insurer against which a final order of liquidation containing a finding of insolvency has been entered by a court of competent jurisdiction on or after July 1, 1981. (11) `Member insurer' means any person authorized in this state to transact any kind of insurance to which this chapter applies under Code Section 562202. (12) `Person' means any individual, corporation, partnership, association, or voluntary organization. (13) `Premiums' means direct gross insurance premiums and annuity considerations received on covered policies, less return premiums and considerations thereon and dividends paid or credited to policyholders on such direct business. `Premiums' do not include premiums and considerations on contracts between insurers and reinsurers. (14) `Resident' means any person who is domiciled in this state at the time a member insurer is determined to be an impaired or insolvent insurer and to whom contractual obligations are owed. 56-2204. Creation of the association. (a) There is created a nonprofit, unincorporated association to be known as the Georgia Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance in this state. The association shall perform its functions under the plan of operation established and approved under Code Section 562208 and shall exercise its powers through a board of directors established under Code Section 56-2205. For purposes of administration and assessment, the association shall maintain three accounts: (1) The health insurance account; (2) The life insurance account; and (3) The annuity account. (b) The association shall come under the immediate supervision of the Commissioner and shall be subject to the applicable provisions of the insurance laws of this state.
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(c) Supplementary contracts shall be covered under the account in which the basic policy is covered for purposes of assessment. 56-2205. Board of directors. The board of directors of the association shall consist of seven members which shall at all times contain at least one member from a domestic insurer. The members, who shall not be considered employees of the insurance department, shall be appointed as follows: (1) The Commissioner shall compile a list of the two stock insurers most likely to incur the largest assessment, per insurer, for each of the accounts under Code Section 562204; and he shall also compile a list of the two nonstock insurers most likely to incur the largest assessment, per insurer, for each of the accounts under said Code Section 56-2204; additionally, the Commissioner shall compile a list of the two domestic insurers, either stock or nonstock, most likely to incur the largest assessment, for each of the accounts listed under said Code Section 56-2204. The Commissioner shall solicit from said 18 insurers the names of 18 individuals as nominees for members to the board of directors. The Commissioner shall thereupon separately certify in writing said nominations from stock and nonstock insurers and separately for each account. (2) From the nominations so certified for each such account, the Commissioner shall appoint one stock member and one nonstock member to the board of directors until six directors have been appointed. Then the Commissioner shall appoint from the remaining nominations the chairman of the board who shall also be its chief executive. (3) In approving selections or in appointing members to the board, the Commissioner shall consider, among other things, whether all member insurers are fairly represented. (4) Any member may be removed from office by the Commissioner when, in his judgment, the public interest may so require. (5) Each member so appointed shall serve for a term of three years and until his successor has been appointed and qualified.
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(6) If there occurs, for any reason, a vacancy in the office of any of the board of directors, the Commissioner shall appoint a member to fill the unexpired term of such vacant office from the nominations as heretofore described. (7) Members of the board may be reimbursed from the assets of the association for reasonable expenses incurred by them in their capacity as members of the board of directors, but members of the board shall not otherwise be compensated by the association for their services. 56-2206. Powers and duties of the association. In addition to the powers and duties enumerated in other sections of this chapter, (1) Whenever a domestic insurer is an impaired insurer, the association may, subject to any conditions imposed by the association and approved by the impaired insurer and the Commissioner, other than those which impair the contractual obligations of the impaired insurer: (A) Guarantee or reinsure, or cause to be guaranteed, assumed, or reinsured, any or all of the covered policies of the impaired insurer; (B) Provide such moneys, pledges, notes, guarantees, or other means as are proper to effectuate subparagraph (A) and assure payment of the contractual obligations of the impaired insurer pending action under subparagraph (A); and (C) Loan money to the impaired insurer. (2) Whenever a domestic insurer is an insolvent insurer, the association shall, subject to the approval of the Commissioner: (A) Guarantee, assume, or reinsure, or cause to be guaranteed, assumed, or reinsured, the covered policies of the insolvent insurer; (B) Assure payment of the contractual obligations of the insolvent insurer; and (C)

Provide such moneys, pledges, notes, guarantees, or other means as are reasonably necessary to discharge such duties.
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(3) Whenever a foreign or alien insurer is an insolvent insurer, the association shall, subject to the approval of the Commissioner: (A) Guarantee, assume, or reinsure, or cause to be guaranteed, assumed, or reinsured, the covered policies of residents; (B) Assure payment of the contractual obligations of the insolvent insurer to residents; and (C) Provide such moneys, pledges, notes, guarantees, or other means as are reasonably necessary to discharge such duties. This paragraph shall not apply where the Commissioner has determined that the foreign or alien insurer's domiciliary jurisdiction or state of entry provides by statute protection substantially similar to that provided by this chapter for residents of this state. (4) (A) In carrying out its duties under paragraphs (2) and (3), the association may impose permanent policy liens or contract liens in connection with any guarantee, assumption, or reinsurance agreement if the court: (i) Finds that the amounts which can be assessed under this chapter are less than the amounts needed to assure full and prompt performance of the insolvent insurer's contractual obligations or that the economic or financial conditions as they affect member insurers are sufficiently adverse to render the imposition of policy or contract liens to be in the public interest; and (ii) Approves the specific policy liens or contract liens to be used. (B) Before being obligated under paragraphs (2) and (3) of this Code section, the association may request that there be imposed temporary moratoriums or liens on payments of cash values and policy loans in addition to any contractual provisions for deferral of said cash value payments or policy loans. Such temporary moratoriums and liens may be imposed if they are approved by a court of competent jurisdiction.
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(5) If the association fails to act within a reasonable period of time as provided in paragraphs (2) and (3) of this Code section, the Commissioner shall have the powers and duties of the association under this chapter with respect to insolvent insurers. (6) Upon his request, the association may render assistance and advice to the Commissioner concerning rehabilitation, payment of claims, continuance of coverage, or the performance of other contractual obligations of any impaired or insolvent insurer. (7) The association shall have standing to appear before any court in this state with jurisdiction over an impaired or insolvent insurer concerning which the association is or may become obligated under this chapter. Such standing shall extend to all matters germane to the powers and duties of the association, including but not limited to proposals for reinsuring or guaranteeing the covered policies of the impaired or insolvent insurer and the determination of the covered policies and contractual obligations. (8) (A) Any person receiving benefits under this chapter shall be deemed to have assigned the rights under the covered policy to the association to the extent of the benefits received because of this chapter, whether the benefits are payments of contractual obligations or continuation of coverage. The association may require an assignment to it of such rights by any payee, policy or contract owner, beneficiary, insured, or annuitant as a condition precedent to the receipt of any rights or benefits conferred by this chapter upon such person. The association shall be subrogated to these rights against the assets of any insolvent insurer. (B) The subrogation rights of the association under this paragraph shall have the same priority against the assets of the insolvent insurer as that possessed by the person entitled to receive benefits under this chapter. (9) The contractual obligations of the insolvent insurer for which the association becomes or may become liable shall be as great as, but no greater than, the contractual obligations of the insolvent insurer would have been in the absence of an insolvency, unless such obligations are reduced as permitted by paragraph (4). The aggregate liability of the association on any one life shall not
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exceed $100,000.00 with respect to the payment of cash values or $300,000.00 for all benefits including cash values. (10) The association may: (A) Enter into such contracts as are necessary or proper to carry out the provisions and purposes of this chapter. (B) Sue or be sued, including taking any legal actions necessary or proper for recovery of any unpaid assessments under Code Section 56-2207. (C) Borrow money to effect the purposes of this chapter. Any notes or other evidence of indebtedness of the association not in default shall be legal investments for domestic insurers and may be carried as admitted assets. (D) Employ or retain such persons as are necessary to handle the financial transactions of the association and to perform such other functions as become necessary or proper under this chapter. (E) Negotiate and contract with any liquidator, rehabilitator, conservator, or ancillary receiver to carry out the powers and duties of the association. (F) Take such legal action as may be necessary to avoid payment of improper claims. (G) Exercise, for the purposes of this chapter and to the extent approved by the Commissioner, the powers of a domestic life or health insurer; but in no case may the association issue insurance policies or annuity contracts other than those necessary to perform the

contractual obligations of the impaired or insolvent insurer. 56-2207. Assessments. (a) For the purpose of providing the funds necessary to carry out the powers and duties of the association, the board of directors shall assess the member insurers separately for each account at such time and for such amounts as the board finds necessary. Assessments shall be due not less than 30 days after prior written notice to the member insurers.
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(b) There shall be three classes of assessments, as follows: (1) Class A assessments shall be made for the purpose of meeting administrative costs and other general expenses not related to a particular impaired or insolvent insurer, and examinations conducted under the authority of subsection (c) of Code Section 56-2210. (2) Class B assessments shall be made to the extent necessary to carry out the powers and duties of the association under Code Section 56-2206 with regard to an impaired or insolvent domestic insurer. (3) Class C assessments shall be made to the extent necessary to carry out the powers and duties of the association under Code Section 56-2206 with regard to an insolvent foreign or alien insurer. (c) (1) The amount of any Class A assessment shall be determined by the board of directors and may be made on a non-pro rata basis. Such assessment for costs and expenses other than for examinations shall not exceed $50.00 per company in any one calendar year. The amount of any Class B or C assessment shall be allocated for assessment purposes among the accounts in subsection (a) of Code Section 56-2204 in the proportion that the premiums received by the impaired or insolvent insurer on the policies covered by each account for the last calendar year preceding the assessment in which the impaired or insolvent insurer received premiums bears to the premiums received by such insurer for such calendar year on all covered policies. (2) Class C assessments against member insurers for each account shall be in the proportion that the premiums received on business in this state by each assessed member insurer on policies by each account for the last calendar year preceding the assessment bears to such premiums received by all assessed member insurers on business in this state for such calendar year preceding the assessment. (3) Class B assessments for each account shall be made separately for each state in which the impaired or insolvent domestic insurer was authorized to transact insurance at any time in the proportion that the premiums received on business in such
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state by the impaired or insolvent insurer on policies covered by such account for the last calendar year preceding the assessment in which the impaired or insolvent insurer received premiums bears to such premiums received in all such states for such calendar year by the impaired or insolvent insurer. The assessments against member insurers shall be in the proportion that the premiums received on business in each such state by each assessed member insurer on policies covered by each account for the calendar year preceding the assessment bears to such premiums received by all assessed member insurers on business in each state for such calendar year preceding the assessment. (4) Assessments for funds to meet the requirements of the association with respect to an impaired or insolvent insurer shall not be made until necessary to implement the purposes of this chapter. Classification of assessments under subsection (b) and computation of assessments under this subsection shall be made with a reasonable degree of accuracy, recognizing that exact determinations may not always be possible. (d) The association may abate or defer in whole or in part the assessment of a member insurer if, in the opinion of the board of directors, payment of the assessment would endanger the ability of the member insurer to fulfill its contractual obligations. In the event an assessment against a member insurer is abated or deferred in whole or in part, the amount by which such assessment is abated or deferred may be assessed against the other member insurers in a manner consistent with the basis for assessments set forth in this Code section. (e) The total of all assessments upon a member insurer for each account shall not in any one calendar year exceed 2 percent of such insurer's premiums received in this state on the policies covered by the account during the calendar year preceding the assessment. If the maximum assessment in any account, together with the other assets of the association, does not provide in any one year in such account an amount sufficient to carry out the responsibilities of the association, the necessary additional funds shall be assessed as soon thereafter as permitted by this chapter. (f) The board may, by an equitable method as established in the plan of operation, refund to member insurers, in proportion to the contribution of each insurer to that account, the amount by which the
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assets of the account exceed the amount the board finds is necessary to carry out the obligations of the association during the coming year with regard to that account, including assets accruing from net realized gains and income from investments. A reasonable amount may be retained in any account to provide funds for the continuing expenses of the association and for future losses if the board determines that refunds are impractical. (g) It shall be proper for any

member insurer in determining its premium rates and policy-owner dividends as to any kind of insurance within the scope of this chapter to consider the amount reasonably necessary to meet its assessment obligations under this chapter. (h) The association shall issue to each insurer paying an assessment under this chapter, other than Class A assessment, a certificate of contribution, in a form prescribed by the Commissioner for the amount of the assessment paid. All outstanding certificates shall be of equal dignity and priority without reference to amounts or dates of issue. A certificate of contribution may be shown by the insurer in its financial statement as an asset in such form, for such an amount and for such period of time, not to exceed five years from the date of assessment, as the Commissioner may approve. 56-2208. Plan of operation. (a) (1) The association shall submit to the Commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the association. The plan of operation and any amendments thereto shall become effective upon approval in writing by the Commissioner. (2) If the association fails to submit a suitable plan of operation within 180 days following July 1, 1981, or, if at any time thereafter the association fails to submit suitable amendments to the plan, the Commissioner shall, after notice and hearing, adopt and promulgate such reasonable rules as are necessary or advisable to effectuate the provisions of this chapter. Such rules shall continue in force until modified by the Commissioner or superseded by a plan submitted by the association and approved in writing by the Commissioner. (b) All member insurers shall comply with the plan of operation.
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(c) The plan of operation shall, in addition to requirements enumerated elsewhere in this chapter: (1) Establish procedures for handling the assets of the association. (2) Establish the amount and method of reimbursing members of the board of directors under Code Section 56-2205. (3) Establish regular places and times for meetings of the board of directors. (4) Establish procedures for records to be kept of all financial transactions of the association, its agents, and the board of directors. (5) Establish any additional procedures for assessments under Code Section 56-2207. (6) Contain additional provisions necessary or proper for the execution of the powers and duties of the association. (d) The plan of operation may provide that any or all powers and duties of the association, except those under Code Sections 562206(10)(C) and 56-2207, shall be delegated to a corporation, association, or other organization which performs or will perform functions similar to those of this association or its equivalent in two or more states. Such a corporation, association, or organization shall be reimbursed for any payments made on behalf of the association and shall be paid for its performance of any function of the association. A delegation under this subsection shall take effect only with the approval of both the board of directors and the Commissioner and may be made only to a corporation, association, or organization which extends protection not substantially less favorable and effective than that provided by this chapter. 56-2209. Duties and powers of the Commissioner. In addition to the duties and powers enumerated elsewhere in this chapter, (1) The Commissioner shall: (A) Upon request of the board of directors, provide the association with a statement of the premiums in the appropriate states for each member insurer.
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(B) When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time. Notice to the impaired insurer shall constitute notice to its shareholders, if any. The failure of the insurer to comply promptly with such demand shall not excuse the association from the performance of its powers and duties under this chapter. (2) The Commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. (3) Any action of the board of directors may be appealed to the Commissioner by any member insurer if such appeal is taken within 30 days of the action being appealed. Any final action or order of the Commissioner shall be subject to judicial review in a court of competent jurisdiction. (4) The liquidator, rehabilitator, or conservator of any impaired insurer may notify all interested persons of the effect of this chapter. 56-2210. Prevention of insolvencies. (a) The board of directors may, upon majority vote, make reports and recommendations to the Commissioner upon any matter germane to the solvency, liquidation, rehabilitation, or conservation of any member insurer, or to the solvency of any company seeking to do an insurance business in this state. Such reports and recommendations shall not be considered public documents. (b) It shall be the duty of the board of directors, upon majority vote, to notify the Commissioner of any information indicating any member insurer may be an impaired or insolvent insurer. (c) The board of directors may, upon majority vote, request that the Commissioner order an examination of any member insurer which the board in good faith believes may be an impaired or insolvent insurer. Within 30 days of the receipt of such request, the Commissioner shall begin such examination. The examination may be conducted as a National Association of Insurance Commissioners' examination or may be conducted by such persons as the Commissioner

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designates. The cost of such examination shall be paid by the association and the examination report shall be treated the same as other examination reports. In no event shall such examination report be released to the board of directors prior to its release to the public, but this shall not preclude the Commissioner from complying with subsection (a). The Commissioner shall notify the board of directors when the examination is completed. The request for an examination shall be kept on file by the Commissioner, but it shall not be open to public inspection prior to the release of the examination report to the public. (d) The board of directors may, upon majority vote, make recommendations to the Commissioner for the detection and prevention of insurer insolvencies. (e) The board of directors shall, at the conclusion of any insurer insolvency in which the association was obligated to pay covered claims, prepare a report to the Commissioner containing such information as it may have in its possession bearing on the history and causes of such insolvency. The board shall cooperate with the board of directors of guaranty associations in other states in preparing a report on the history and causes of insolvency of a particular insurer and may adopt by reference any report prepared by such other associations. 56-2211. Miscellaneous provisions. (a) Records shall be kept of all negotiations and meetings in which the association or its representatives are involved to discuss the activities of the association in carrying out its powers and duties under Code Section 56-2206. Records of such negotiations or meetings shall be made public only upon the termination of a liquidation, rehabilitation, or conservation proceeding involving the impaired or insolvent insurer, upon the termination of the impairement or insolvency of the insurer, or upon the order of a court of competent jurisdiction. Nothing in this subsection shall limit the duty of the association to render a report of its activities under Code Section 56-2212. (b) For the purpose of carrying out its obligations under this chapter, the association shall be deemed to be a creditor of the impaired or insolvent insurer to the extent of the assets attributable to covered policies, reduced by any amounts to which the association is entitled as subrogee pursuant to paragraph (8) of Code Section 56-2206. All assets of the impaired or insolvent insurer attributable to
Page 1351
covered policies shall be used by the association to continue all covered policies and pay all contractual obligations of the impaired or insolvent insurer as required by this chapter. For purposes of this subsection, that portion of the total assets of an impaired or insolvent insurer that is attributable to covered policies shall be determined by using the same proportion as the reserves that should have been established for such policies bears to the reserves that should have been established for all policies of insurance written by the impaired or insolvent insurer. (c) (1) Prior to the termination of any liquidation, rehabilitation, or conservation proceeding, the court may take into consideration the contributions of the respective parties, including the association, the shareholders, and policy owners of the insolvent insurer and any other party with a bona fide interest, in making an equitable distribution of the ownership rights of such insolvent insurer. In such a determination, consideration shall be given to the welfare of the policyholders of the continuing or successor insurer. (2) No distribution to stockholders of an impaired or insolvent insurer shall be made until and unless the total amount of valid claims of the association for funds expended in carrying out its powers and duties under Code Section 562206 with respect to such insurer has been fully recovered by the association. (d) (1) If an order for liquidation or rehabilitation of an insurer domiciled in this state has been entered, the receiver appointed under such order shall have a right on behalf of the insurer to recover from any affiliate the amount of distributions, other than stock dividends paid by the insurer on its capital stock, made at any time during the five years preceding the petition for liquidation or rehabilitation, subject to the limitations of subsections (b), (c), and (d). (2) No such distribution shall be recoverable if the insurer shows that the distribution was lawful and reasonable when paid and that the insurer did not know and could not reasonably have known that the distribution might adversely affect the ability of the insurer to fulfill its contractual obligations. (3) Any person who was an affiliate that controlled the insurer at the time the distributions were paid shall be liable to the
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extent of the distributions received. Any person who was an affiliate that controlled the insurer at the time the distributions were declared shall be liable to the extent of the distributions that would have been received if such distributions had been paid immediately. Whenever two persons are liable with respect to the same distribution, they shall be jointly and severally liable. (4) The maximum amount recoverable under this subsection shall be the amount needed in excess of all other available assets of the insolvent insurer to pay the contractual obligations of the insolvent insurer. (5) Whenever any person liable under paragraph (3) is insolvent, all affiliates that controlled it at the time the distribution was

paid shall be jointly and severally liable for any resulting deficiency in the amount recovered from the insolvent affiliate. 56-2212. Examination of the association; annual report. The association shall be subject to examination and regulation by the Commissioner. The board of directors shall submit to the Commissioner not later than May 1 of each year a financial report and a report of its activities for the preceding calendar year on forms approved by the Commissioner. 56-2213. Tax exemptions. The association shall be exempt from all taxation in this state based upon income or gross receipts and shall likewise be exempt from all state and local occupation license and business fees and occupation license and business taxes. 56-2214. Immunity. There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member insurer or its agents or employees, the association or its agents or employees, members of the board of directors, or the Commissioner or his representatives, for any action taken by them in the performance of their powers and duties under this chapter. 56-2215. Stay of proceedings; reopening default judgments. All proceedings in any court in this state in which the insolvent insurer is a party shall be stayed 60 days from the date of a final order of liquidation, rehabilitation, or conservation to permit proper legal action by the association on any matters germane to its powers or duties. As to judgment entered under any decision, order, verdict, or finding based on default, the association may apply to have such
Page 1353
judgment set aside by the same court that made such judgment and shall be permitted to defend against such suit on the merits. 56-2216. Prohibited advertisement of Georgia Life and Health Insurance Guaranty Association in insurance sales. (a) No person, including an insurer, agent, or affiliate of an insurer, shall make, publish, disseminate, circulate, or place before the public, or cause directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in any newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio station or television station, or in any other way, any advertisement, announcement, or statement which uses the existence of the Georgia Life and Health Insurance Guaranty Association for the purposes of sales, solicitation, or inducement to purchase any form of insurance covered by this chapter. This Code section shall not apply to the Georgia Life and Health Insurance Guaranty Association or any other entity which does not sell or solicit insurance. (b) Any person who violates subsection (a) may, after notice and hearing and upon order of the Commissioner, be subject to one or more of the following: (1) A monetary penalty of not more than $1,000.00 for each act or violation but not to exceed an aggregate penalty of $10,000.00; or (2) Suspension or revocation of his license or certificate of authority. 56-2217. Timely filing of claims. Notwithstanding any other provision of this chapter, `contractual obligation' shall not include a claim filed after the final date set by the court for the filing of claims against the liquidator or other such court appointed authority. 56-2218. Construction. This chapter shall be liberally construed to effect the purpose under Code Section 562201 which shall constitute an aid and guide to interpretation.
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Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1981. GEORGIA MARKETING ACT OF 1981. No. 745 (House Bill No. 718). AN ACT To provide for the creation, operation, and regulation of farmers' markets; to provide a short title; to state purposes and intent; to define certain terms; to provide an enforcing official; to provide certain powers, duties, and responsibilities of the Commissioner of Agriculture; to prohibit certain employees from engaging in business as a dealer in agricultural products; to provide for the adoption of rules and regulations; to provide for safety and security at farmers' markets; to authorize the Commissioner of Agriculture to acquire real property for farmers' markets; to authorize the Commissioner of Agriculture to rent or lease real property at farmers' markets; to authorize the Commissioner of Agriculture to close farmers' markets; to provide for the licensing of persons using certain farmers' markets; to provide for prohibition of unlawful acts and for disciplinary actions by the Commissioner of Agriculture with respect to prohibited acts; to provide for the continuance of certain rules and regulations; to specify unlawful acts relating to farmers' markets; to provide a criminal penalty; to repeal Code Chapter 5-2, relating to the bureau of markets; to repeal an Act relating to farmers' markets, approved February 25, 1935 (Ga. Laws 1935, p. 369), as amended; to provide for severability; to provide for other matters relevant 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 . This Act shall be known as the Georgia Marketing Act of 1981. Section 2 . This Act is intended to promote the handling, packing, transporting, storage, distribution, inspection, and sale of agricultural products, and to assist

producers and consumers in selling and purchasing such products under fair conditions. It is the further intent and purpose of this Act to authorize the Commissioner of Agriculture to control the operation of the farmers' markets. Section 3 . Unless clearly indicated otherwise by the context, the following words shall be defined as follows: (1) Agricultural products means fruits, vegetables, pecans, nuts, eggs, dairy products, forestry and horticultural products, fish, seafood, meat, poultry, and other such products of farm, field, and water, whether fresh, frozen, canned, or otherwise packaged. (2) Commissioner means the Commissioner of Agriculture of the State of Georgia. (3) Department means the Department of Agriculture of the State of Georgia. (4) Farmers' market means any place within the State of Georgia; where farmers or producers may sell, bring or send to sell, exhibit, or transship; or where buyers may come to buy, inspect, or transport agricultural products; or where such products may be processed or stored for sale, either at wholesale or retail. The term shall include all real and personal property, buildings, warehouses, storage facilities, barns, exhibition halls, and other structures, facilities, utilities, parking areas, streets, tracks, and other appurtenances and facilities, including, but not limited to, restaurants, service stations, etc., of every kind and character used or useful at such place in promoting the buying, selling, or exchange of agricultural products. This term shall include and not prohibit the sale of grocery items or other items commonly sold or offered for sale in conjunction with the sale of agricultural products. (5) Lease means the creation of a written instrument (a lease) under the terms and conditions of which one party (lessor) out of its own estate grants and conveys to another party or parties
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(lessee or lessees) an estate for years retaining a reversion in itself after such grant and conveyance. (6) Person means any individual, limited or general partnership, association, firm, company, or corporation. (7) Real property shall include both improved and unimproved real property and shall also include space in and on said real property. (8) Rent means the creation of a written instrument (a rental agreement) the terms and conditions of which create the relationship of landlord and tenant. Under such relationship no estate passes out of the landlord and the tenant has only a usufruct. (9) Day, month, and year means calendar day, calendar month, and calendar year. (10) State means the State of Georgia. Section 4 . The Commissioner is charged with the duty of establishing, operating, and maintaining farmers' markets and is charged with the responsibility of enforcing this Act. In addition to any other powers conferred on him by this Act, he may: (1) Investigate methods and practices in connection with the production, handling, standardizing, grading, classifying, sorting, weighing, packing, transporting, storing, inspecting, and sale of agricultural products of all kinds within the state and all matters relevant thereto. (2) Gather, formulate, and disseminate, in such form and at such times as he shall deem advisable, information relating to the matters included within paragraph (1) of this section. (3) Disseminate, in such form and at such times as he deems advisable, information relating to market conditions, including but not limited to the supply, demand, and prices for all agricultural products and such other information as may benefit the producers, purchasers, and consumers of this state.
Page 1357
(4) Ascertain sources of supply of agricultural products and publish the names and addresses of producers and consignors thereof. (5) Assist and advise in the organization and the operation of cooperatives and other associations in order to improve relations and services among producers, distributors, and consumers. (6) Investigate delays, embargoes, conditions, practices, charges, and rates in the transportation and handling of agricultural products; and, when deemed necessary, may cause proceedings to be instituted before the proper authority or tribunal to improve and adjust same; and may cause the proper proceedings to be instituted to prevent unlawful combinations or agreements in restraint of trade or the fixing of prices. (7) Take such steps as deemed advisable to prevent the waste or spoilage of agricultural products. (8) Take such other measures as shall be proper for carrying out the purposes of this Act. Section 5 . In order to carry out the provisions of this Act the Commissioner may: (1) Appoint and employ such persons as he deems necessary to assist him; (2) Secure the cooperation and assistance of the United States Department of Agriculture or any other agency or department of the United States or of other states; (3) Secure the cooperation and assistance of the other departments and agencies of this state, the University of Georgia, the other colleges and universities of the University System of Georgia, and other organizations that may be of assistance. Section 6 . All full-time employees of the department whose regular work duties involve the operations of any farmers' market are prohibited from engaging in business as a dealer in agricultural products, as that term is defined in an Act approved March 9, 1956 (Ga. Laws 1956, p. 617), as amended, during their term of employment.
Page 1358

Section 7. (a) In addition to any powers heretofore granted, the Commissioner shall have the authority to: (1) Inspect all agricultural products coming into Georgia markets or offered for sale within the state; (2) Prescribe and collect reasonable fees and charges to pay the necessary cost of operating and maintaining the farmers' markets; and (3) Assign space on the farmers' markets and make changes in such assignments as circumstances may require. (b) Nothing contained in this Act shall be construed to limit any power or duty conferred upon the Commissioner by existing law. Section 8. The Commissioner is authorized to promulgate such rules and regulations as in his judgment may be necessary to properly conduct and operate the farmers' markets and to implement the provisions of this Act. Such rules and regulations may include, but are not limited to, rules and regulations to: (1) Establish procedures for the operation of farmers' markets; (2) Provide for the maintenance of safety and order; (3) Provide for health and sanitation; (4) Establish grades and classes of agricultural products; (5) Designate places on any market where agricultural products may be sold; (6) Regulate or prohibit the sale of produce which is below specified grades or produce unfit for human consumption; and (7) Regulate or prohibit the sale of any agricultural product which is below specified grades or unfit for human consumption. Section 9. The Commissioner is authorized to provide for safety and security at the farmers' markets and make such rules and regulations as are necessary for this purpose.
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Section 10. (a) The Commissioner, acting for and on behalf of the department and in the name of the state, is hereby empowered and authorized to: (1) Acquire, with the approval of the State Properties Commission, real property for the expansion, development, operation, and maintenance thereon of farmers' markets; and (2) Rent, as landlord, or lease, as lessor, without public advertising or competitive bid, real property, under the custody of or under rental to the department and utilized as a farmers' market, for a term (period of time) commencing on the date of the instrument and not exceeding 20 years and for such use and rental and on such other terms and conditions as he believes, following his negotiation and investigation thereof, to be in the best interests of his office, the department, and the state. The power and authority to rent and lease shall include the power and authority to sublet and sublease. (b) When the Commissioner acts pursuant to paragraph (1) of subsection (a) above, the title to said acquired real property shall be in the name of the STATE OF GEORGIA and the custody of said real property shall be in the department. (c) When the Commissioner acts pursuant to and under the power and authority to lease set forth in paragraph (2) of subsection (a) above, the format of instrument execution shall be as follows:
Page 1360
(d) The Commissioner is further authorized to close a farmers' market. In making the determination of whether a market should be closed, the Commissioner shall consider the need for the particular market from the standpoint of the marketing of agricultural products, the convenience of farmers and consumers, the cost of operating and maintaining the market, and other relevant factors. When a farmers' market is closed by the Commissioner, custody of the real property encompassing the farmers' market may be transferred with the approval of the Governor from the department to the State Properties Commission by an executive order of the Governor.
Page 1361
Section 11 (a) In order to better manage the farmers' markets authorized by this Act and to thereby facilitate the use of such farmers' markets by the citizens of this state, all persons desiring to sell or to offer for sale any items at any farmers' market which charges a gate fee must first obtain a license for this purpose from the Commissioner. A license may be refused, suspended, or revoked, in accordance with Section 12 of this Act. (b) By applying for a license or by operating under such license, the applicant or licensee, as the case may be, gives his express consent for authorized representatives of the Commissioner to enter upon and inspect all property owned, leased, rented, controlled, or used at the farmers' market by said applicant or licensee. (c) The license required by this section is in addition to all other applicable licensing laws, and shall not constitute an exemption or waiver thereof. Section 12. Notwithstanding any other provision of law: (1) Whenever it may appear to the Commissioner, 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 governing activities for which registration with or a license or permit from the department is required, whether or not the person has so registered or obtained such a license or permit, the Commissioner 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. (2) In situations where persons otherwise would be entitled to a hearing prior to an order entered pursuant to paragraph (1) of

this section, the Commissioner 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
Page 1362
Commissioner 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, 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. (3) In situations where persons otherwise would be entitled to a hearing prior to an order, the Commissioner 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 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 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, 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. (4) Any request for hearing made pursuant to paragraphs (2) and (3) of this section shall specify: (A) in what respects such person is aggrieved; (B) any and all defenses such person intends to assert at the hearing; (C) affirmation or denial of all the facts and findings alleged in the order; and (D) an address to which any further correspondence or notices in the proceeding may be mailed. Upon such a request for hearing, the Commissioner shall schedule and hold the hearing, unless postponed by mutual consent, within 30 days after receipt by the Commissioner of the request therefor. The Commissioner 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.
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(5) Except where in conflict with the express provisions of this section 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 taken pursuant to this section and to the conduct and judicial review of any hearings held as a result thereof. (6) The Commissioner 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 is required. (7) The Commissioner 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. (8) In cases in which the Commissioner 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 or any law or regulation governing activities for which registration with or a license or permit from the department is required. In any such action, it shall not be necessary for the Commissioner to allege or prove the absence of an adequate remedy at law. Section 13. To the extent consistent with the provisions of this Act the Georgia Department of Agriculture Rules and Regulations for State Farmers' Markets, Chapters 40-9-1 through 40-9-11 of the Secretary of State's Official Compilation of Rules and Regulations for the State of Georgia, adopted or promulgated by the Commissioner of Agriculture pursuant to an Act approved February 25, 1935 (Ga. Laws 1935, p. 369), as amended, shall continue in force and effect as rules and regulations pursuant to this Act. This Act shall be considered as legal authority for those rules and regulations and any reference in those rules and regulations shall be interpreted and read as a reference to this Act and those rules and regulations shall not be considered insufficient or defective for reason of reference to or stated reliance upon Ga. Laws 1935, p. 369, as amended, instead of this Act.
Page 1364
Section 14. (a) It shall be unlawful for any person on a farmers' market to: (1) Engage in deceptive or dishonest trade

practices; (2) Do any act or use any language insulting to another tenant or customer; intimidate a shopper into purchasing his products; attempt to fix the price of products of any other farmer, vendor, or merchant; or circulate false reports tending to upset or destroy the operation of the market; (3) Use any profane, abusive, or discourteous language on the market; (4) Break, deface, or destroy any part of a building upon the market; interfere with electrical fixtures or wiring; or do any act tending to destroy the physical properties of the market; (5) Move any cull agricultural products from any farmers' market for any purpose other than use as garbage or livestock feed or for dumping; (6) Sell, offer, or expose for sale any products not meeting the requirements of the laws of this state relating to weights and measures; (7) Use any false pack (as used herein, false pack means the topping or facing of containers with the best products exposed and poor products concealed underneath); (8) Sublet any stall or space without the express written approval of the Commissioner; (9) Fail or refuse to remove any vehicle or property upon direction of the farmers' market manager; or (10) Erect any facility or structure upon a farmers' market without the express written approval of the Commissioner. (b) Any person who commits any act prohibited by subsection (a) shall be guilty of a misdemeanor.
Page 1365
Section 15. Code Chapter 5-2, relating to the bureau of markets, is hereby repealed in its entirety. Section 16. An Act relating to farmers' markets, approved February 25, 1935 (Ga. Laws 1935, p. 369), as amended by an Act approved February 13, 1956 (Ga. Laws 1956, p. 45), an Act approved February 23, 1956 (Ga. Laws 1956, p. 215), an Act approved March 17, 1959 (Ga. Laws 1959, p. 242), an Act approved April 15, 1965 (Ga. Laws 1965, p. 661), an Act approved April 11, 1975 (Ga. Laws 1975, p. 396), an Act approved March 24, 1976 (Ga. Laws 1976, p. 678), and an Act approved March 20, 1980 (Ga. Laws 1980, p. 572), is hereby repealed in its entirety. Section 17. 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 18. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 19. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1981.
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FINANCIAL INSTITUTIONS CODE OF GEORGIA AMENDED. Code Title 41A Amended. No. 747 (House Bill No. 822). AN ACT To amend Code Title 41A, known as the Financial Institutions Code of Georgia, as amended, so as to provide that employees of the department shall not divulge prior notice or information concerning examinations except in accordance with prescribed policy; to provide a penalty for violations of policy; to authorize the department to require financial institutions to submit reports under certain conditions; to authorize the department to waive the publication of summaries of reports with respect to a certain class of financial institutions; to change the time for filing an action for judicial review of any final action of the department or refusal of the department to act; to authorize certain financial institutions' attorneys to act as fiduciaries; to authorize certain corporations exercising incidental trust powers which have been granted an amendment to their articles of incorporation by the Secretary of State to act as fiduciaries; to prohibit the use of the words trust or trust company except by certain persons and corporations; to provide for the disposition of bank holding company stock by a bank or trust company; to delete the limitation relating to acceptances; to change the provisions relating to the sale of federal or correspondent funds; to provide that credit unions shall not exercise trust powers until an amendment to the articles of incorporation has been granted by the Secretary of State; to delete the restriction on deposits by banks relating to deposits in excess of a certain percentage of the statutory base of the bank; to authorize a bank or trust company to withdraw any offer to sell its common or preferred shares with the consent of the department; to prohibit a bank or bank holding company to which it is affiliated from extending credit for the purpose of financing the purchase of its capital stock or debt; to provide that the oath of each director shall be placed in the minute book; to provide that directors shall not participate in the affairs of the board until the oath is executed; to provide for personal liability of any person seeking to act as a director without subscribing to the oath; to delete the requirement relating to the filing of a resolution selecting new directors to fill vacancies; to provide that the department shall be immediately notified in writing when the individual
Page 1367
holding the position of chief executive officer of the bank changes; to provide that an amendment of the articles of

incorporation of a bank or trust company shall contain the city and county of its registered office; to provide that a building and loan association is authorized to receive deposits and offer third-party payment services in the same manner as credit unions; to provide that a building and loan association and a savings and loan association shall continue to have power to receive deposits from and deal with a minor with respect to deposit accounts and safe deposit agreements with the same effect as though the minor were an adult; to repeal Code Chapter 41A-36, relating to entities similar to building and loan associations; to repeal Code Section 41A-9903, relating to giving notice of examination; to provide for other matters relative to the foregoing; to provide for certain editorial 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 . Code Title 41A, known as the Financial Institutions Code of Georgia, as amended, is hereby amended by adding a new subsection (c) at the end of Code Section 41A-305 to read as follows: (c) Employees of the department shall not divulge any information or prior notice, directly or indirectly, to any officer, director, agent, representative, or employee of a financial institution concerning the time or date of examination of the financial institution except in accordance with internal policy prescribed by the commissioner. Employees violating the policy of the commissioner relating to information or prior notice concerning examinations shall be subject to immediate dismissal. Section 2 . Said Code title is further amended by striking Code Section 41A-309 in its entirety and inserting in lieu thereof a new Code Section 41A-309 to read as follows: 41A-309. Reports to department; publication; penalties. (a) The department may require reports on the condition of, or any particular facts concerning, any financial institution at any time the department deems it necessary or advisable. (b) The form of all reports, the information to be contained in them, and the date on which they shall be due shall be prescribed by the department. The reports shall be verified by the oath or affirmation
Page 1368
of the president, secretary, or other managing officer of the institution. (c) Every financial institution shall publish annually abstract summaries of two of its reports of condition designated for this purpose by the department and shall file proof of such publication with the department. Such publication shall be made only once in a newspaper of general circulation in the county of the registered office of the institution. The department may waive this requirement, in whole or in part, with respect to a class of financial institutions which does not do business with the public generally and may limit the required publication to the customer base served by the institution. (d) Any financial institution which fails to prepare or publish any report or to furnish any proof of publication in accordance with the provisions of this Code section shall pay the department a penalty of $100.00 for each day after the time fixed by the department for filing such report, making such publication, or furnishing such proof of publication; but the department may, in its discretion, relieve any financial institution from payment of such penalty in whole or in part if good cause be shown. If a financial institution fails to pay a penalty from which it has not been relieved, the department may through the Attorney General maintain an action at law to recover it. Section 3 . Said Code title is further amended by striking Code Section 41A-401 in its entirety and inserting in lieu thereof a new Code Section 41A-401 to read as follows: 41A-401. Judicial review. (a) Any final action of the department, or refusal of the department to act, may be subject to judicial review by any person or corporation affected by such action. Such action shall be brought as a special statutory proceeding in the county in which the affected person or corporation resides or is domiciled if within this state (which in the case of a corporation shall be the county of its registered office if it has such an office) or in Fulton County if the affected person or corporation resides or is domiciled outside of this state within 60 days of the final action or refusal of action by the department. The review shall be conducted by the court without a jury. The court shall not substitute its judgment for that of the department but may: (1) Compel department action unlawfully withheld;
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(2) Hold unlawful and set aside department action found to be (A) In violation of constitutional or statutory provision; (B) In excess of statutory authority; (C) Made upon unlawful procedure; (D) Arbitrary, capricious, or otherwise in abuse of discretion; provided that any action reviewable under the `Administrative Procedure Act,' or through the injunction procedure of Code Section 41A-706, shall be reviewed under that Act or Code section and not under this Code section. (b) Appeals from all final orders and judgments entered by the superior court under this Code section may be taken to the Court of Appeals or the Supreme Court in the same manner as in other cases. Section 4 . Said Code title is further amended by striking Code Section 41A-1103 in its entirety and inserting in lieu thereof a new Code Section 41A1103 to read as follows: 41A-1103. Restriction on corporate fiduciaries. (a) No corporation, partnership, or other business association may lawfully act as a fiduciary except: (1) A financial institution authorized to act in such capacity pursuant to the provisions of Georgia law; (2) A trust company; (3) A national bank located in this state authorized to act as a fiduciary under the laws of the United States; (4) A savings and loan association located in this state and

authorized to act as a fiduciary under the laws of the United States; (5) Corporations exercising incidental trust powers under former Code Section 41A-1103(a)(3), relating to the authority of a
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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 and granted by the Secretary of State in an amendment to their articles of incorporation; or (6) Attorneys at law licensed to practice in this state whether incorporated as a professional corporation or otherwise. (b) Nothing in this Code shall be construed to repeal or to change the provisions of Code Chapter 108-7, dealing with foreign trustees, or Code Chapter 108-8, dealing with certain foreign corporations acting as fiduciaries, or any other statutes or rules of law on such subjects. Section 5 . Said Code title is further amended by striking Code Section 41A-1104 in its entirety and inserting in lieu thereof a new Code Section 41A-1104 to read as follows: 41A-1104. Restrictions on banking and trust nomenclature. (a) Except as provided in subsection (c), no person or corporation except a bank, a national bank, or a corporation lawfully owning the majority of the voting stock of a bank or national bank or a subsidiary of such bank, national bank, or corporation shall use the words `bank,' `banker,' `banking company,' `banking house,' or any other similar name indicating that the business done is that of a bank upon any sign at its place of business or elsewhere, or upon any of its letterheads, billheads, blank checks, blank notes, receipts, certificates, circulars, advertisements, or any other written or printed matter. (b) Except as provided in subsection (c), no person or corporation except: (1) a corporation lawfully authorized to exercise trust powers or any subsidiary thereof; (2) a corporation lawfully owning the majority of the voting stock of any corporation authorized to exercise trust powers, or any subsidiary of such owner corporation; (3) an enterprise whose structure is in the nature of a trust where the trustees include a corporation lawfully authorized to exercise trust powers in this state; or (4) an eleemosynary institution shall use the words `trust' or `trust company' or any similar name indicating that the business done is that of a trust company upon any sign at its place of business or elsewhere, or upon any of its letterheads, billheads, blank checks, blank notes, receipts, certificates, circulars, advertisements, or any other written or printed matter.
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(c) Nothing in this Code section shall be construed to: (1) Prevent the use of the words `banks,' `banker,' `banking,' or `banker's' or any similar word in a context clearly not purporting to refer to a general banking business; (2) Prohibit advertisement in media distributed in or transmitted into this state by persons or corporations lawfully engaged in the banking or trust business outside of this state; or (3) Prevent any person or corporation from continuing to use its name legally in use on April 1, 1975. Section 6 . Said Code title is further amended by striking Code Section 41A-1204 in its entirety and inserting in lieu thereof a new Code Section 41A-1204 to read as follows: 41A-1204. Property held to avoid loss. A bank or trust company may acquire and hold property for the purpose of avoiding loss as specified in subsection (h) of Code Section 41A-1202 subject to: (1) A determination by a majority vote of its directors at least once each year as to the advisability of retaining any such property, provided no such property may be held for more than five years without the prior written approval of the department; and (2) Disposition within a period of six months after the date of acquisition or such longer period as the department may approve in writing of shares of its own stock so acquired and of shares of stock of any bank, bank holding company, or trust company held after such acquisition. Section 7 . Said Code title is further amended by striking subsection (b) of Code Section 41A-1305 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The aggregate amount of acceptances under subsection (a) of this Code section shall not at any time exceed for all such acceptances on behalf of one customer, 10 percent of the statutory capital base of the bank, exclusive of any acceptance secured by documents of title or other security growing out of the same transaction as the acceptance.
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Section 8. Said Code title is further amended by striking paragraph (8) of subsection (c) of Code Section 41A-1306 in its entirety and inserting in lieu thereof a new paragraph (8) to read as follows: (8) Obligations with respect to the sale of federal or correspondent funds to financial institutions having their deposits insured to the same extent as that required of similar institutions chartered in this state. Section 9. Said Code title is further amended by striking subsection (c) of Code Section 41A-1401 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) Every bank, building and loan association, and credit union operating pursuant to the provisions of this title shall possess all of the rights, privileges, powers, and responsibilities herein conferred upon trust companies; provided, however, that no such

bank, building and loan association, or credit union shall exercise such powers and privileges without the prior written approval of the department after a careful consideration of the factors enumerated in Code Section 41A-1805, relating to the chartering of trust companies. Any bank previously exercising or partially exercising trust powers authorized by its articles may continue to exercise or partially exercise those powers to the extent approved by the department without the necessity of obtaining a new approval. Such powers may be exercised only if authorized by the articles of incorporation of the financial institution. Section 10. Said Code title is further amended by striking Code Section 41A-1701 in its entirety and inserting in lieu thereof a new Code Section 41A-1701 to read as follows: 41A-1701. Deposits by banks. (a) Subject to the restrictions of subsection (b) of this Code section and of Code Section 41A-1702 in regard to reserve funds, a bank may deposit its funds in any depository which is: (1) Selected by, or in a manner authorized by, its directors; (2) Authorized by law to receive deposits; and
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(3) In the case of a depository located in the United States, has deposit insurance issued by or equivalent to deposit insurance provided by a federal public body to depositories of the type involved. (b) If a director of the bank has a relationship to a depository as either: (1) An officer or director, or (2) An owner of 5 percent or more of the shares of the depository, the depository shall be approved by a majority of the directors other than the director who has such relationship. Section 11. Said Code title is further amended by striking Code Section 41A-1907 in its entirety and inserting in lieu thereof a new Code Section 41A-1907 to read as follows: 41A-1907. Method of issuance. (a) Unless more restrictive procedures are stated in the articles, the board of directors may, by resolution duly adopted, issue from time to time, in whole or in part, common or preferred shares authorized by the articles, subject to the approval of the department. (b) With the consent of the department, a bank or trust company may withdraw any offer to sell its common or preferred shares whether issued pursuant to its articles or pursuant to subsection (a); and such shares may be held as authorized shares subject to future issuance in accordance with subsection (a). (c) A bank or trust company may not, directly or indirectly, extend credit for the purpose of financing the original purchase of capital stock or capital debt issued by it or by a bank holding company to which it is affiliated. Section 12. Said Code title is further amended by striking Code Section 41A-2205 in its entirety and inserting in lieu thereof a new Code Section 41A-2205 to read as follows: 41A-2205. Oath of directors. (a) Each director shall, before assuming office, take an oath or affirmation that he will diligently and
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honestly perform his duties in the administration of the affairs of the bank or trust company, that he will not permit a wilful violation of law by the bank or trust company, and that he meets the eligibility requirements of this Code and of the articles and bylaws. (b) A copy of the oath shall be signed by each director and shall be placed into the minutes of the meetings of the directors. No director shall be authorized to participate in the affairs of the board or receive any compensation for service as a director until the oath has been executed by such director. Any person seeking to act in the capacity of a director before subscribing to the oath and otherwise qualifying to service pursuant to the bylaws of the bank or the laws and regulations governing the operations of the bank shall be fully liable for their actions to the same extent as if that person had qualified to serve as a bank director. Section 13. Said Code title is further amended by striking Code Section 41A-2206 in its entirety and inserting in lieu thereof a new Code Section 41A-2206 to read as follows: 41A2206. Removal of directors; vacancies. (a) The entire board of directors or an individual director may be removed without cause by the vote of shareholders entitled to cast at least a majority of the votes which all shareholders would be entitled to cast at an annual election of directors. (b) The board may remove a director from office if: (1) He is adjudicated an incompetent by a court or is convicted of a felony; (2) He does not, within 60 days after his election or such longer time as the bylaws may specify, accept the office in writing or by attendance at a meeting and fulfill other requirements for holding the office; (3) He fails to attend regular meetings of the board for six successive meetings without having been excused by the board. (c) Vacancies in the board of directors, whether caused by removal or otherwise and including vacancies resulting from an increase in the number of directors, may be filled by the remaining members of the board even though less than a quorum. Each director
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so elected shall be a director until his successor is elected by the shareholders who shall make such election at the next annual meeting of shareholders or at any special meeting called for that purpose prior thereto. Section 14. Said Code title is further amended by striking subsection (b) of Code Section 41A-2209 in its entirety and inserting in lieu thereof a

new subsection (b) to read as follows: (b) Except as otherwise provided in the articles or bylaws, the board of directors shall elect the officers, fix their compensation, and fill vacancies however occurring. An officer elected or appointed by the board may be removed by the board at any time whenever in its judgment the best interests of the institution will be served thereby without prejudice to any contract right to such officer. The department shall immediately be notified in writing when the individual holding the position of chief executive officer of the bank changes. Section 15. Said Code title is further amended by striking paragraph (2) of subsection (a) of Code Section 41A-2303 in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) The city and county of its registered office;. Section 16. Said Code title is further amended by striking paragraph (1) of subsection (b) of Code Section 41A-3501 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Is authorized to receive deposits but shall not have the power to offer third-party payment services except in the same manner and subject to the same provisions as are set forth in Code Section 41A-3121 for credit unions;. Section 17. Said Code title is further amended by striking Code Section 41A-3520 in its entirety and inserting in lieu thereof a new Code Section 41A-3520 to read as follows: 41A3520. Minor's deposits. A minor shall be allowed to have deposits in a building and loan association or savings and loan association in his own name, and the deposits made by the minor shall not be subject to the control of his parent, guardian, or trustee. A
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receipt or acquittance signed by such a minor depositor shall be a valid and sufficient release and discharge of such association for any payment of any deposit to such minor. The foregoing shall continue to include, without limitation, the following as being authorized: (1) deposits in said associations by a minor with one or more adults or other minors, as party to and with the same effect as a multiple-party account under Chapter 41A-38, (2) the rental to a minor by said associations of a safe deposit box or other receptacle for safe deposit of property from said minor (and the receipt of any such property), individually or jointly with one or more adults, and (3) the dealing with a minor by said associations with respect to such a deposit account or safe deposit agreement without the consent of a parent or guardian and with the same effect as though the minor were an adult. Any action of the minor with respect to such deposit account or safe deposit agreement shall be binding on the minor with the same effect as though the minor were an adult. Section 18. Said Code title is further amended by repealing Code Chapter 41A-36, relating to entities similar to building and loan associations, as amended by an Act approved April 17, 1975 (Ga. Laws 1975, p. 445), in its entirety. Section 19. Said Code title is further amended by striking Code Section 41A-9903, relating to giving notice of examination, in its entirety. Section 20. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 21. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1981.
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EDUCATIONTUITION EQUALIZATION GRANTS. Code Section 32-3760 Amended. No. 748 (Senate Bill No. 12). AN ACT To amend Code Section 32-3760, relating to tuition equalization grants, so as to provide for an increase in the maximum permissible grant; 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 32-3760, relating to tuition equalization grants, is hereby amended by striking therefrom the following: $600.00, and substituting in lieu thereof the following: $800.00, so that when so amended said Code section shall read as follows: 32-3760. Tuition equalization grants. There is hereby granted to each eligible student the sum of not less than $400.00 nor more than $800.00 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 students attending approved schools at all levels and throughout the entire calendar year whenever sufficient funds are available to the state. 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 April 13, 1981. STATE BOARD OF DISPENSING OPTICIANS ACT AMENDED. No. 749 (Senate Bill No. 32). 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 the definition of the term dispensing optician; to change the provisions relating to continuing education

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 . 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 Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. Subject to the provisions of Section 14 of this Act, a dispensing optician is defined as one who prepares and dispenses lenses, spectacles, eyeglasses, contact lenses, and optical devices to the intended user thereof as specifically directed or authorized on the written prescription of a physician skilled in diseases of the eye or optometrist duly licensed to practice his profession. Dispensing opticians who dispense contact lenses shall instruct the wearer at the time the lenses are delivered to return to the prescribing and responsible optometrist or physician skilled in diseases of the eye for evaluation, approval, and follow-up care. A dispensing optician may
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duplicate lenses without prescription, provided that said dispensing optician shall not substitute contact lenses for spectacles, eyeglasses, or other optical devices except as otherwise authorized herein or engage in the diagnosis of the diseases of the human eye or attempt to determine the refractive powers of the human eyes or, in any manner, attempt to prescribe for or treat diseases or ailments of human beings. A dispensing optician who qualifies under this Act shall be determined and recognized as engaging in a lawful trade or occupation in the State of Georgia; the State Board of Dispensing Opticians shall have exclusive jurisdiction in the enforcement of this Act over all persons engaged in business as dispensing opticians, whether licensed or unlicensed; provided, however, that nothing herein contained shall be construed as limiting or in anywise abrogating the power or authority of any board or commission created under any of the laws of Georgia defining and regulating any profession, to enforce the provisions of such respective laws, or exercising any of the powers contained in such laws against violators thereof, even though engaged in the business of dispensing optician. Section 2 . Said Act is further amended by striking from subsection (a) of Section 11A the following: four, and inserting in lieu thereof the following: six, so that when so amended subsection (a) shall read as follows: (a) Each person who holds a license as a dispensing optician shall be required to complete a course of continuing education of six hours prior to each renewal of such license. 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 13, 1981. GAME AND FISHPUBLIC FISHING AREAS, ETC. Code Chapter 45-7 Amended. No. 750 (Senate Bill No. 33). AN ACT To amend Code Chapter 45-7, relating to general provisions concerning fishing, as amended, so as to specify requirements for public fishing areas; to prohibit certain activities; 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 45-7, relating to general provisions concerning fishing, as amended, is hereby amended by renumbering Code Section 45-732 as Code Section 45-733 and inserting in lieu thereof a new Code Section 45-732 to read as follows: 45-732. Public Fishing Areas. (a) It shall be unlawful for any person to fish at any time in any pond or lake on a public fishing area which has been posted `closed' by the Department for purposes of fisheries' management. (b) It shall be unlawful for any person to take in one day or possess at any one time more than the following limits of fish caught from public fishing areas: (1) Twenty-five of any one, or a combination, of the game species of bream or sunfish;
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(2) Five largemouth bass; (3) Five channel catfish; provided, however, the creel and possession limit for Rum Creek Public Fishing Area shall be the same as provided in Code Section 45-713. (c) It shall be unlawful for any person to fish with any gear other than pole and line, and no person shall fish with more than two poles and lines at any public fishing area; provided, however, there shall be no limit on the number of poles and lines used by any person on Rum Creek Public Fishing Area; provided, further, that the use of fish baskets on the Lake Juliette portion of the Rum Creek Public Fishing Area in a manner consistent with Code Section 45-804 shall not be unlawful. (d) It shall be unlawful to fish at any public fishing area except during the time between sunrise and sunset; provided, however, this subsection shall not apply to Rum Creek Public Fishing Area. (e) It shall be unlawful for any person to use live fish for bait at any public fishing area except in lakes or ponds posted as being open to the use of live fish for bait. (f) It shall be unlawful to operate any boat motor, except electric motors, on any public fishing area; provided, however, it shall not be unlawful to operate any boat motor of 20 horsepower or less on Rum Creek Public Fishing Area. (g) It shall be unlawful to launch or operate any boat at

Arrow-head Public Fishing Area. (h) It shall be unlawful on any public fishing area for any person to drive or otherwise operate a vehicle on any road posted `closed' to vehicular access, to drive around a closed gate or cable blocking a road, or to drive on any road that is not `improved,' that is, receiving maintenance for the purpose of vehicular access. (i) It shall be unlawful for any person to camp anywhere on any public fishing area except in those areas designated by appropriate signs as camping areas.
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(j) It shall be unlawful for any person to utilize the waters of any public fishing area for recreational swimming; provided, however, this subsection shall not apply to Rum Creek Public Fishing Area. (k) It shall be unlawful for children under 16 years of age to enter any public fishing area unless accompanied by an adult. (l) It shall be unlawful for any person who has fished at a public fishing area to refuse to allow Department personnel to count, measure, and weigh his catch. (m) At the Arrowhead, Evans County, and Baldwin Forest Public Fishing Areas, it shall be unlawful for any person to fish except on Wednesdays, Saturdays, and Sundays; provided, however, this prohibition shall not apply to Memorial Day, Independence Day, or Labor Day. (n) At the Arrowhead, McDuffie, Evans County, and Baldwin Forest Public Fishing Areas, it shall be unlawful for any person: (1) To fish at any time between November 1 and March 1; (2) To fish unless he has checked in at the Department checking station located at the area; (3) If he is sixteen years of age or older, to fish without having in his possession a valid $1.00 daily permit, unless he holds an honorary fishing license; (4) Who has fished at the area to fail or refuse to check out before leaving the area, unless a sign is posted indicating that checkout is unnecessary; or (5) To fish who refuses to leave his Georgia fishing license at the checking station if requested by any authorized personnel of the Department. 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 April 13, 1981. STATE AGENCIESLIABILITY INSURANCE FOR STATE EMPLOYEES. No. 751 (Senate Bill No. 54). AN ACT To amend an Act relating to the provision of liability insurance for state employees, officers, and officials, approved March 30, 1977 (Ga. Laws 1977, p. 1051), as amended, so as to allow reimbursement for reasonable legal fees and expenses incurred in the successful defense of certain criminal actions against state employees, officers, and officials; 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 the provision of liability insurance for state employees, officers, and officials, approved March 30, 1977 (Ga. Laws 1977, p. 1051), as amended, is hereby amended by adding in Section 1 between the first and second sentence the following: Said policies of liability insurance, contracts of indemnity, or programs of self-insurance may also provide for reimbursement to an officer, official, or employee of any agency, board, bureau, commission, department, or authority of the State for reasonable legal fees and other expenses incurred in the successful defense of a criminal action arising out of the performance of his official duties. Legal fees and other expenses shall be subject to adjustment by and the approval of the Attorney General.,
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so that when so amended Section 1 shall read as follows: Section 1. In addition to any other compensation which may be paid to an officer, official, or employee of any agency, board, bureau, commission, department, or authority of this State, each such agency, board, bureau, commission, department, or authority is hereby authorized, in its discretion, to purchase policies of liability insurance, contracts of indemnity, or to formulate sound programs of self-insurance utilizing funds available to such agency, board, bureau, commission, department, or authority, insuring or indemnifying such officers, officials, or employees to the extent that they are not immune from liability against personal liability for damages arising out of the performance of their duties or in any way connected therewith. Said policies of liability insurance, contracts of indemnity, or programs of self-insurance may also provide for reimbursement to an officer, official, or employee of any agency, board, bureau, commission, department, or authority of the State for reasonable legal fees and other expenses incurred in the successful defense of a criminal action arising out of the performance of his official duties. Legal fees and other expenses shall be subject to adjustment by and the approval of the Attorney General. Such agencies, boards, bureaus, commissions, departments, or authorities may expend federal and State or other available funds for such purposes. The amount of such insurance or indemnity shall also be in the discretion of such agency, board, bureau, commission, department, or authority. For purposes of this Act, the term `agency' shall specifically include, but shall not be limited to, public retirement systems of Statewide application established by the laws of this State, but shall not include

counties or municipalities: provided, however, that the employees of county departments of health and county departments of family and children services as well as the members of the boards of said departments shall be considered to be State employees or officials for the purposes of this Act. The existence of such insurance or indemnification shall not be disclosed or suggested in any action brought against such individual. 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 April 13, 1981. FORESTRYPROCEEDS DERIVED FROM SALE OF SEED. No. 752 (Senate Bill No. 100). 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, particularly by an Act approved March 20, 1980 (Ga. Laws 1980, p. 561), so as to delete the provision which requires the proceeds derived from the sale of seeds to be paid into the general fund of the State; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act 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, particularly by an Act approved March 20, 1980 (Ga. Laws 1980, p. 561), is hereby amended by striking from paragraph (2) of subsection (c) of Section 17A of said Act the following: All funds derived by the commission from the sale of such seedlings shall be paid into the general fund of the State., so that when so amended paragraph (2) of subsection (c) of Section 17A of said Act shall read as follows:
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(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. 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 13, 1981. SENIOR JUDGES OF SUPERIOR COURTS ACT AMENDEDEXPENSES. No. 753 (Senate Bill No. 115). AN ACT To amend an Act creating the office of 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), and to amend an Act providing for the duties and expenses of the senior judges of the superior courts, approved March 5, 1962 (Ga. Laws 1962, p. 547), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 586), and to amend an Act known as the Act Creating the Superior Court Judges Retirement System, approved March 24, 1976 (Ga. Laws 1976, p. 586), as amended, so as to provide for a per diem allowance at the option of
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the senior judge in lieu of certain reimbursable expenses incurred by senior judges of the superior courts; to change the provisions relative to becoming a senior judge under said Act creating the Superior Court Judges Retirement System; to change the provisions relating to compensation; 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 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 striking from Section 5A of said Act the following: actual expenses, and substituting in lieu thereof the following: actual expenses or, at the judge's option, the same per diem expense authorized by law for members of the General Assembly, and by striking from Section 5A of said Act the following: number of days served and, and substituting in lieu thereof the following: number of days served or, and by striking from Section 5A of said Act the following: shall be in lieu of all other compensation for such services, but, so that when so amended Section 5A of said Act shall read as follows: Section 5A. Senior Judges, while serving as judges of the superior courts as herein provided, shall receive compensation in the amount of $100 per day. In addition to such compensation, such Senior Judges shall receive their actual expenses or, at the judge's option, in the event of service outside the county of the judge's residence, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same rate as other State

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employees for such services. Said compensation, expenses and mileage shall be paid from State funds appropriated or otherwise available for the operation of the superior courts, upon a certificate by the Senior Judge as to the number of days served or the expenses and mileage. Such compensation shall not affect, diminish or otherwise impair the payment or receipt of any retirement or pension benefits of such Senior Judge. Section 2. An Act providing for the duties and expenses of the senior judges of the superior courts approved March 5, 1962 (Ga. Laws 1962, p. 547), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 586), is hereby amended by striking from Section 3A of said Act the following: actual expenses, and substituting in lieu thereof the following: actual expenses or, at the judge's option, the same per diem expense authorized by law for members of the General Assembly, and by striking from Section 3A of said Act the following: number of days served and, and substituting in lieu thereof the following: number of days served or, and by striking from Section 3A of said Act the following: shall be in lieu of all other compensation for such services, but, so that when so amended Section 3A of said Act shall read as follows: Section 3A. Senior Judges, while serving as judges of the superior courts as herein provided, shall receive compensation in the amount of $100 per day. In addition to such compensation such Senior Judges shall receive their actual expenses or, at the judge's option, in the event of service outside the county of the judge's residence, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same rate as other State employees for such services. Said compensation, expenses and mileage
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shall be paid from State funds appropriated or otherwise available for the operation of the superior courts, upon a certificate by the Senior Judge as to the number of days served or the expenses and mileage. Such compensation shall not affect, diminish or otherwise impair the payment or receipt of any retirement or pension benefits of such Senior Judge. Section 3. The Act known as the Act Creating the Superior Court Judges Retirement System, approved March 24, 1976 (Ga. Laws 1976, p. 586), as amended, is hereby amended by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9 to read as follows: Section 9. (a) There is hereby created the office of Senior Judge of the Superior Courts, and any judge of the superior courts who retires pursuant to the provisions of this Act shall be a Senior Judge of the Superior Courts, effective on the effective date of his retirement. Any Senior Judge of the Superior Courts, while receiving retirement or disability pay, shall not be eligible for election or appointment to any other office in this State, and such Senior Judges may not practice law while receiving such retirement or disability pay. If a former superior court judge who was a member of the Retirement Fund created by this Act ceased to hold office as a superior court judge prior to attaining early retirement age, such former superior court judge shall be a Senior Judge effective on July 1, 1981, notwithstanding the age of such former superior court judge on such date if such former superior court judge had 16 years of creditable service under this Act at the time of ceasing to hold office as a superior court judge. No such Senior Judge shall be eligible to receive retirement benefits under this Act until such time as such Senior Judge attains early retirement age. (b) Senior Judges may be called upon to serve as judges of the superior courts when the regular judge for some reason is unable to serve. Any such Senior Judge may be subject to designation and assignment, with his consent, either as additional or substitute judge. Such Senior Judges shall be compensated, in addition to the retirement pay provided for herein, in the amount of $100 per day for such services. In addition to such compensation such Senior Judges shall receive their actual expenses or, at the judge's option, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same rate as other State employees for such services. Said compensation, expenses and mileage shall
Page 1390
be paid from State funds appropriated or otherwise available for the operation of the superior courts upon a certificate by the judge as to the number of days served or the expenses and mileage. Such compensation shall not affect, diminish or otherwise impair the payment or receipt of any retirement or pension benefits of such judge. 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 13, 1981. COUNCIL OF JUVENILE COURT JUDGESJUDGES' QUALIFICATIONS, ETC. Code Chapter 24A-5 Amended. No. 754 (Senate Bill No. 136). AN ACT To amend Code Chapter 24A-5, relating to the Council of Juvenile Court Judges, as amended, so as to change the provisions relating to the qualifications of judges hearing juvenile cases and their continual training; 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 Chapter 24A-5, relating to the Council of Juvenile Court Judges, as amended, is hereby amended by adding at the end thereof a new Code section, to be designated Code Section 24A-502, to read as follows:
Page 1391
24A-502. Training seminars. (a) The Council of Juvenile Court Judges shall establish seminars for all judges and referees exercising juvenile court jurisdiction and may make provisions relative to those seminars; provided, however, that all seminars will be held within the State of Georgia. (b) These seminars shall offer instruction and training in juvenile law and procedure, child development and psychology, sociological theories relative to delinquency and breakdown of the family structure, and such other training and activities as the council may determine would promote the quality of justice in the juvenile court system. (c) Expenses of administration of this seminar program and reasonable expenses incurred by the judges or referees in attending these seminars shall be paid from state funds appropriated for the council for that purpose, or from federal funds available to the council for that purpose, or from other appropriate sources. Said expenses for judges and referees shall not exceed the allowances allowed members of the Georgia General Assembly. (d) All judges exercising juvenile jurisdiction shall participate in at least one seminar established by the Council of Juvenile Court Judges each year. Superior court judges may meet this requirement by attending seminars held in conjunction with the seminars for superior court judges provided by the Institute for Continuing Judicial Education. Said judges shall not exercise juvenile court jurisdiction after January 1, 1983, unless the Council of Juvenile Court Judges certifies that annual training has been accomplished or unless the judge is in the first year of his initial appointment. Section 2. This Act shall become effective January 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1981.
Page 1392
DISTRICT ATTORNEY'S RETIREMENT FUND OF GEORGIA ACT AMENDED. No. 755 (Senate Bill No. 185). AN ACT To amend an Act creating the office of District Attorney Emeritus and the District Attorney's Retirement Fund of Georgia, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, particularly by an Act approved March 23, 1972 (Ga. Laws 1972, p. 362), by an Act approved April 28, 1975 (Ga. Laws 1975, p. 1632), and by an Act approved April 13, 1979 (Ga. Laws 1979, p. 971), so as to change the provisions in said Act in regard to resignation and reappointment as District Attorney Emeritus; to change the duties of District Attorney Emeritus; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of District Attorney Emeritus and the District Attorney's Retirement Fund of Georgia, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, particularly by an Act approved March 23, 1972 (Ga. Laws 1972, p. 362), by an Act approved April 28, 1975 (Ga. Laws 1975, p. 1632), and by an Act approved April 13, 1979 (Ga. Laws 1979, p. 971), is hereby amended by striking Section 3.1 in its entirety and substituting in lieu thereof a new Section 3.1 to read as follows: Section 3.1. Any other provision of this Act to the contrary notwithstanding, any person who holds the office of District Attorney Emeritus shall have the right, as hereinafter limited, to resign as District Attorney Emeritus and to be reappointed as District Attorney Emeritus upon written request to the Governor. No such person shall be eligible to be reappointed more than three times. Upon such resignation any such person shall receive no salary as provided in this Act for a District Attorney Emeritus. Upon reappointment as District Attorney Emeritus, such person shall receive the salary he was receiving as District Attorney Emeritus at the time of his resignation. Section 2. Said Act is further amended by striking Section VI in its entirety and substituting in lieu thereof a new Section VI to read as follows:
Page 1393
Section VI. It shall be the duty of the District Attorney Emeritus to maintain his residence in the State of Georgia and to consult with and advise the active district attorney of his former circuit. 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 13, 1981. CRIMINAL PROCEDUREDEGREE OF FORCE NECESSARY TO APPREHEND SUSPECTED FELONS. Code Section 27-207 Amended. No. 756 (Senate Bill No. 213). AN ACT To amend Code Section 27-207, relating to arrests without warrants, as amended, by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1209), so as to provide that no law enforcement agency of this state or of any political subdivision of this state shall adopt or promulgate any rule, regulation, or policy which prohibits a peace officer from using that degree of force to apprehend suspected felons which is allowed by statutory and case law of this state; to

repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 27-207, relating to arrests without warrants, as amended by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1209), is hereby amended by striking subsection (b) of said Code section, which reads as follows:
Page 1394
(b) Any rule, regulation or policy of any agency of the State or any ordinance, resolution, rule, regulation or policy of any county, municipality or other political subdivision of the state which is in conflict with the provisions of this Code section or Code section 26-902 shall be null, void and of no force and effect., in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) No law enforcement agency of this State or of any political subdivision of this State shall adopt or promulgate any rule, regulation, or policy which prohibits a peace officer from using that degree of force to apprehend a suspected felon which is allowed by statutory and case law of this State. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1981. GEORGIA COUNCIL FOR THE ARTS AND HUMANITIESAPPOINTMENT OF A POET LAUREATE. No. 757 (Senate Bill No. 215). AN ACT To amend an Act creating the Georgia Council for the Arts and Humanities, approved March 24, 1976 (Ga. Laws 1976, p. 748), as amended, so as to provide for the position of a Poet Laureate for the State of Georgia; to provide for the appointment thereof; 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:
Page 1395
Section 1. An Act creating the Georgia Council for the Arts and Humanities, approved March 24, 1976 (Ga. Laws 1976, p. 748), as amended, is hereby amended by adding between Section 7 and Section 8 a new section, to be designated Section 7A, to read as follows: Section 7A. Position of Poet Laureate of the State of Georgia created. (a) There is hereby created a position of Poet Laureate to be known as the `Poet Laureate of the State of Georgia' hereinafter referred to as the Poet Laureate, the purpose of which is to statutorially create the present position of Poet Laureate for the State of Georgia created by executive order. (b) The Poet Laureate shall be appointed by the Governor from a list of three nominees submitted to him by the Georgia Council for the Arts and Humanities. (c) The council shall submit the list of three nominees to the Governor within 30 days after the Governor takes the oath of office for a full term. The Governor shall appoint the Poet Laureate within 30 days after receiving the list of such nominees. The Poet Laureate shall be appointed to serve for a term of office concurrent with the term of office of the Governor or until a successor is appointed and qualified as herein provided. (d) In the event of a vacancy in the office of Poet Laureate, such vacancy shall be filled in the same manner as the original appointment, and the person so appointed shall serve until a successor is appointed and qualified as hereinabove provided. (e) Any person serving as Poet Laureate on the effective date of this Act shall continue in the office of Poet Laureate as herein created and no appointment shall be effective under this section until such time as the person serving as Poet Laureate on the effective date of this Act either vacates the office or a vacancy occurs in the office in any other manner. (f) The Poet Laureate shall be an honorary position and the person appointed shall receive no remuneration. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Page 1396
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1981. CLERKS OF SUPERIOR COURTSFEES, ETC. Code Titles 24, 39, 60, 67, 68C and 109A Amended. No. 758 (Senate Bill No. 238). AN ACT To amend Code Chapter 24-27, relating to clerks of the superior courts, so as to consolidate, revise, and update the provisions relating to fees; to enumerate certain fees; to provide for other matters relative to the foregoing; to amend Code Section 24-3406, relating to deposits in civil cases, so as to change certain references; to amend Code Section 60-618, relating to plat records, so as to change certain references; to amend Code Section 60-620, relating to descriptions in land registrations, so as to change certain references; to amend Code Section 67-2202, relating to liens, so as to change certain references; to amend Code Section 67-2604, relating to filing of federal tax liens, so as to change certain references; to amend Code Title 68C, relating to motor vehicle safety responsibility, so as to change certain references; to amend Code Chapter 109A-9-4, relating to filing, so as to change certain references; to amend an Act comprehensively revising appellate and other posttrial procedures, approved February 19, 1965 (Ga. Laws 1965, p. 18), as amended, so as to change certain references; to amend an Act providing certain requirements in connection with blasting or excavating in the vicinity of gas pipes, approved March 6, 1969 (Ga. Laws 1969, p. 50), as amended, so as to change certain references; to amend an Act known as the Rural Telephone Cooperative Act, approved

February 15, 1950 (Ga. Laws 1950, p. 192), as amended, so as to change certain references; to amend an Act creating liens in favor of hospitals, approved December 14, 1953 (Ga. Laws
Page 1397
1953, Nov.-Dec. Sess., p. 105), as amended, so as to change certain fees; to amend an Act known as the Electric Membership Corporation Act, approved March 30, 1937 (Ga. Laws 1937, p. 644), as amended, so as to provide that certain fees shall go to clerks of the superior court in lieu of the Secretary of State; to change certain references; to amend an Act to limit the effect of filing any mortgage, approved March 31, 1937 (Ga. Laws 1937, p. 760), so as to change certain references; to amend an Act to provide for the filing of a lis pendens, approved February 21, 1939 (Ga. Laws 1939, p. 345), as amended, so as to change certain references; to amend an Act entitled The Georgia Professional Association Act, approved April 5, 1961 (Ga. Laws 1961, p. 404), as amended, so as to change certain references; to repeal Code Section 24-3407, relating to deposits for nonresident plaintiffs; to repeal Code Section 39-708, relating to clerk's fees; 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 Chapter 24-27, relating to clerks of the superior courts, as amended, is hereby amended by striking in its entirety Code Section 24-2727, relating to fees, and substituting in lieu thereof the following Code sections to read as follows: 24-2727.1. Costs and fees enumerated. The clerks of the superior courts of this state shall be entitled to charge and collect the fees enumerated herein for official duties performed by them, provided that, in all counties in this state where the clerk of the superior court is on a salary basis, the fees herein provided shall be paid into the county treasury. 24-2727.2. Civil cost enumerated. (1) Before filing any civil case or proceeding, in accordance with the provisions of Section 24-3406, as the same may now or hereafter be amended, a deposit of $ 20.00 Provided, the deposit required by this section shall be the total collectable deposit by the clerk for filing any civil case or proceeding.
Page 1398
Provided further, that such deposit shall not be required if the party desiring to file such case or proceeding is unable, by reason of poverty, to pay such deposit and such party files with the clerk an affidavit to such effect, as provided by law. Provided further, that nothing contained herein shall be deemed to require such deposit of the state, its agencies, or political subdivisions. (2) Filing and docketing suits; complaints or motions 4.00 (3) Copying and issuing process or summons 4.00 (4) Each copy after first copy 2.00 (5) Entering verdict or judgment of dockets 2.00 (6) Filing all pleadings and instruments subsequent to any complaint in any case, each 1.00 (7) Writ of partition of land and recording proceedings in case 10.00 (8) Validation and confirmation of revenue bonds pursuant to the provisions of Section 15 of an Act known as `The Revenue Bond Law,' approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, first 500 bonds, each 1.00 All over 500, each .50 (9) Issuing certificate of adoption under seal of the court pursuant to the provisions of Section 74-417 2.00 (10) Recording proceedings in all cases of habeas corpus, per page 1.50 (11) The clerks shall receive the same fees as in other civil cases for performing the duties required of them in cases of trover or bail trover, regardless of the amount involved in such cases. (12) In addition to all other legal costs charged and collected in each civil suit, action, case, or proceeding, in accordance with the provisions of Section 8.1 of an Act providing for retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. Laws 1952, p. 238), as amended, the sum of 1.00
Page 1399
24-2727.3. Miscellaneous costs enumerated. (1) Recording any instrument of writing, not specified, per page $ 1.50 (2) Certification or exemplification of record, per page .50 (3) Clerk's certificate 1.00 (4) Court's seal 1.00 (5) Issuing certificates of appointment to notaries public issuing certificates of reappointment as provided by Section 71-105, relating to the issuance of such certificates and the fees therefor, as amended 5.00 (6) Registering and filing trade names pursuant to the provisions of Section 2 of an Act providing for the registration of trade names, approved March 29, 1937 (Ga. Laws 1937, p. 804), as amended 2.00 (7) The clerk shall not charge a fee for recording discharge certificates of veterans as provided in an Act to prohibit clerks of the superior court from charging veterans of certain wars a fee for recording their discharge certificates, approved March 27, 1947 (Ga. Laws 1947, p. 1201), as amended. (8) Filing and indexing each notice of lien or certificate or notice affecting the tax lien, in accordance with Section 67-2604, relating to the registering of liens for the United States Internal Revenue Taxes, is: (a) Tax lien on real or personal property 2.00 (b) Certificate of discharge or subordination 2.00 (c) All other notices, including a certificate of release or nonattachment 2.00 (9) Filing written information of gas companies, in accordance with Section 4 of an Act providing

certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes, approved March 6, 1969 (Ga. Laws 1969, p. 50), as amended, a fee per page of 1.00 (10) Issuing certificate of pending or unsatisfied judgment, as provided in Section 68C-309 of the Motor Vehicle Safety Responsibility Act 1.00 (11) Issuance of license to practice law no fee (12) Filing incorporation proceedings: (a) Articles of incorporation 16.00 (b) Articles of amendment 15.00 (c) Restated articles 15.00 (d) Merger 15.00 (e) Dissolution 15.00 (f) Involuntary dissolution no fee (g) Consolidation and merger 15.00 (h) Certificate of election to dissolve 15.00 (i) Order approving change of principal office no fee (j) Articles of incorporation as required by Title 22, the `Georgia Business Corporation Code,' and Section 41 of an Act known as the `Rural Telephone Cooperative Act,' approved February 15, 1950 (Ga. Laws 1950, p. 192), as amended, and an Act known as the `Electric Membership Corporation Act,' approved March 30, 1937 (Ga. Laws 1937, p. 644), as amended 15.00 (13) Filing lien on get of livestock in accordance with Section 67-2202, relating to get of livestock .25 (14) Filing hospital lien, first page 1.00 each page thereafter 1.00 (15) Filing lis pendens, first page 2.00 each page thereafter 1.00
Page 1402
24-2727.4. Quasi civil/criminal court cost enumerated. (1) Issuing fieri facias and entry on execution docket $ 2.00 (2) Entering fieri facias on general execution docket 1.00 (3) Issuing subpoena or summons to witness .50 (4) Furnishing and certifying any process, order, etc., for publication 1.50 (5) Providing uncertified photocopies of documents in clerk's office, per page .25 (6) Issuing commission to examine witness 1.00 (7) Entering any record on minutes, not specified, per page 1.50 (8) Preparation of record and transcript to the Supreme Court and Court of Appeals, per page 1.50 Provided, however, that where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript, but shall receive, for filing and transmission of such transcript, a fee of 5.00 (9) Entering remittitur from Supreme Court or Court of Appeals 1.00 (10) Issuing jury scrip or check, each .30 (11) For each day of service in attendance upon the courts 35.00
Page 1404
The per diem attendance upon the courts shall be paid from the treasury of the respective counties of this state. The clerks shall receive the same fees as in other civil cases for performing the duties required of them by Title 60 relating to land registration. The clerks shall receive the same fees as in other civil cases for performing the duties required by them by an Act known as the `Uniform Partnership Act,' approved February 15, 1952 (Ga. Laws 1952, p. 375), as amended. 242727.5. Property recording fees enumerated. (1) Recording and returning to sender all instruments pertaining to real estate, and deeds of trust or amendments thereto, in accordance with the provisions of Section 108-607, as amended, first page $ 2.50 each page, after the first 2.00 (2) Cancellation of deeds, mortgages, and fieri facias, each 1.00 (3) Recording maps or plats 2.50 The fee charged for recording maps and plats shall include the fee required by Section 8.2 of an Act providing for retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. Laws 1952, p. 238), as amended. (4) Recording deeds of trust or amendments thereto, in accordance with the provisions of Section 108-607, as amended, first page 3.00 each page, after the first 2.00
Page 1405
The fee collected on the first page shall include the fee required by Section 8.2 of an Act providing for retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. Laws 1952, p. 238), as amended. (5) Filing and indexing financing statements and for stamping a copy furnished by the secured party to show the date and place of filing for an original or a continuation statement as provided in Section 109-9-403 of the Uniform Commercial Code 2.50 Provided, there shall be no fee charged for filing a termination of a financing statement as provided in Section 109A-9-404, when the original financing statement was filed subsequent to the effective date of this section of the Uniform Commercial Code. Provided further, there shall be no fee charged for filing an assignment that is indicated on the original financing statement, as provided in Section 109A-9-405 of the Uniform Commercial Code. (6) Filing and indexing release of collateral, as provided in Section 109A-9-406, and filing and indexing an assignment of security interest, as provided in Section 109A-9-405(2), and filing of continuation, as provided in Section 109A-9-403(3), of the Uniform Commercial Code 2.50 (7) Providing copy of financing statement or statement of assignment as provided in Section 109A-9-407 of the Uniform Commercial Code, per page .75 (8) Entering cross-reference in real property index, per entry .25 (9) Filing affidavit to extend lien as required in Section 67-2506, relating to the extension of a lien on personal property liens .25

Page 1406
24-2727.6. Criminal court cost enumerated. (1) Entering and docketing bills of indictment, presentments, no-bills accusations, indictments, and accusation record $ 3.00 (2) Service in cases where the defendant is tried or pleads guilty, or there is a settlement 10.00 (3) Service in docketing and entering bills of indictment of presentments on minutes in cases of nolle prosequi 5.00 (4) Issuing and mailing first notice of arraignment pursuant to the provisions of Section 27-1401 1.00 (5) Affidavit of custodian, filing, and transmittal pursuant to the provisions of Section 3 of an Act requiring defendants convicted of crimes be awarded credit for time spent in jail awaiting trial, approved March 24, 1970 (Ga. Laws 1970, p. 692), as amended 1.00 (6) Preparation and transmission of defendant's personal history and related documents as provided in subsection (c) of Section 13 of an Act commprehensively and exhaustively revising, superseding, and consolidating the laws relating to prisons, public works camps, and prisoners, approved March 20, 1956 (Ga. Laws 1956, p. 161), as amended. 5.00 (7) Preparation and transmission of documents to superior court sentence review panel in accordance with Section 27-2511.1, first copy, per page 1.50 Subsequent copies, per page .50 (8) Preparation and furnishing copy of the record of appeal or criminal cases where accused was convicted of capital felony, in accordance with Section 12 of an Act comprehensively revising appellate and other posttrial procedure, approved February 19, 1965 (Ga. Laws 1965, p. 18), as amended, per 100 words .20 Clerk's certificate 1.00
Page 1408
Provided, however, the clerk shall not receive compensation for the transcript of evidence and proceedings. 24-2727.7. Existing laws. All laws in force in this state which provide compensation for clerks of the superior courts for the discharge of duties not herein enumerated or in conflict with the provisions of Sections 24-2727.1 through 24-2727.6 shall remain in full force and effect. Section 2 . Code Section 24-3406, relating to deposits in civil cases, is hereby amended by striking, wherever the same shall appear, the following: Code section 24-2727, and substituting in lieu thereof the following: Section 24-2727.2(1), so that when so amended Code Section 24-3406 shall read as follows: 24-3406. Deposit of cost required in civil cases. The clerks of the superior courts shall not be required to file any civil case or proceeding until the deposit required by Section 24-2727.2(1), relating to fees of clerks of the superior courts, as amended, has been deposited with said clerk on account of cost, provided that such deposit shall not be required if the party desiring to file such case or proceeding is unable by reason of poverty to pay such deposit and such party files with the clerk an affidavit to such effect. If the case or proceeding be dismissed or if the total cost incurred in said case or proceeding is less than the deposit required by Section 24-2727.2(1), as amended, any of the sum remaining in the hands of the clerk shall be repaid. The deposit required to be filed by this section shall not affect any Code Section or Act of the General Assembly which requires a deposit in excess or in addition to the deposit of cost required by this section. Nothing contained herein shall be deemed to require such deposit of cost of the state, its agencies, or political subdivisions. Section 3 . Code Section 60-618, relating to plat records, is hereby amended by striking the following: of $1 for that particular service,
Page 1409
and substituting in lieu thereof the following: as provided in section 24-2727.5(3), so that when so amended Code Section 60-618 shall read as follows: 60-618. Plat record; copy; fee. Whenever a plat of the premises, too large or too intricate for easy transcription on the register of decrees of title or on the certificate of title, is a part of the description of the lands or is used to aid description, it shall not be necessary for the clerk to copy the same on the register of decrees of title or on the certificate of title, but he shall record the same in one of the public record books in his office and in lieu of copying the plat shall note the existence of the same, together with a reference to the book and page where recorded. If the holder of the owner's certificate shall desire a copy of the plat attached as a part of his owner's certificate, the clerk shall make a copy and certify it and so attach it upon payment of a fee as provided in Section 24-2727.5(3). Section 4 . Code Section 60-620, relating to descriptions in land registrations, is hereby amended by striking the following: be paid 10 cents per 100 words, and substituting in lieu thereof the following: receive a fee as provided in Sections 24-2727.3(2) and 24-2727.3(3), relating to certification of records, so that when so amended Section 60-620 shall read as follows: 60-620. Description, certified copy; fee. Whenever any of the description or details of a certificate of title on the title register shall be set out in full in some other record of the clerk's office with reference thereto on the title register, as hereinbefore provided, like reference shall be made on the owner's certificate and on creditor's certificates when thereafter issued; but if the holder of such owner's certificate or creditor's certificate shall so require, the clerk shall make a full and complete copy of such record to which reference is made, and certify it as such, and attach it to the owner's certificate or

the creditor's certificate, as the case may be. For making and
Page 1410
certifying such copy of the recorded document or writing and attaching it to the owner's certificate or creditor's certificate, as the case may be, the clerk shall receive a fee as provided in Sections 24-2727.3(2) and 24-2727.3(3), relating to certification of records. Section 5 . Code Section 67-2202, relating to liens, is hereby amended by striking the following: 25 cents each, and substituting in lieu thereof the following: a fee as required by Section 24-2727.3(13), so that when so amended Code Section 67-2202 shall read as follows: 67-2202. Liens on get of stallions, etc.; record; priorities. The owner or keeper of any stallion, jack, or blooded or imported bull or boar shall have a lien upon the get thereof, for the service of such stallion, jack, or blooded or imported bull or boar, for the period of one year from the birth of such get, which lien shall be superior to all other liens, except the lien for taxes. The lien herein provided for shall not become operative unless the same be recorded in the office of the clerk of the superior court of the county wherein the owner of the mother resides, within six months after the performance of the service; and said clerk shall keep a book in which all such liens are to be recorded, and said clerk shall receive a fee as required by Section 24-2727.3(13) for recording such liens: Provided, said animals shall be kept by the owners thereof inclosed in their own pastures or otherwise. Section 6 . Code Section 67-2604, relating to filing of federal tax liens, as amended, is hereby amended by striking said Code section in its entirety and substituting in lieu thereof the following: 67-2604. The fee for filing and indexing each notice of lien or certificate or notice affecting the tax lien shall be as required by Section 24-2727.3(8), relating to fees of superior court clerks. The officer shall bill the district directors of internal revenue on a monthly basis for fees for documents filed by them. Section 7 . Code Section 68C-309, relating to records, is hereby amended by striking the last sentence of said Code section in its entirety and substituting in lieu thereof the following:
Page 1411
The cost of such certificate shall be $1.00 and shall be paid by the party requesting same. Section 8 . Code Section 68C-401, relating to judgments, is hereby amended by striking the last sentence of subsection (a) of said Code section in its entirety and substituting in lieu thereof the following: The court shall be entitled to a fee as required by Sections 242727.3(2) and 24-2727.3(3). In the event a certificate of pending or unsatisfied judgment is requested, the court shall be entitled to a fee as required by Section 24-2727.3(10). Section 9 . Code Section 109A-9-403, relating to filing, as amended, is hereby amended by striking subsection (5) of said Code section in its entirety and substituting in lieu thereof the following: (5) The uniform fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an original or a continuation statement shall be as required by Section 24-2727.5(5). Section 10 . Code Section 109A-9-404, relating to termination statements, as amended, is hereby amended by striking subsection (3) of said Code section in its entirety and substituting in lieu thereof the following: The uniform fee for filing and indexing a termination statement of a financing statement filed prior to the effective date of this section shall be $1.00. The termination fee shall be included in the filing fee for the financing statement filed subsequent to the effective date of this section. Section 11 . Code Section 109A-9-405, relating to assignments of security interests, is hereby amended by striking the last sentence of subsection (1) of said Code section and substituting in lieu thereof the following: The uniform fee for filing, indexing, and stamping a copy of a financing statement so indicating an assignment shall be as required by Section 24-2727.5(6).
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Section 12. Code Section 109A-9-405, relating to assignments of security interests, is hereby amended by striking the last sentence of subsection (2) of said Code section and substituting in lieu thereof the following: The uniform fee for filing, indexing, and stamping a copy of such a separate statement of assignment shall be as required by Section 242727.5(6). Section 13. Code Section 109A-9-406, relating to releases of collateral, is hereby amended by striking the last sentence of said Code section in its entirety and substituting in lieu thereof the following: The uniform fee for filing and noting such a statement of release shall be as required by Section 24-2727.5(6). Section 14. Code Section 109A-9407, relating to information from filing officer, is hereby amended by striking subsection (1) of said Code section in its entirety and substituting in lieu thereof the following: (1) Upon request the filing officer shall furnish a copy of any filed financing statement or statement of assignment for a uniform fee as required by Section 24-2727.5(7), provided that the person requesting such copy shall furnish to the filing officer the file number of the statement requested. Section 15. An Act comprehensively revising appellate and other posttrial procedures, approved February 19, 1965 (Ga. Laws 1965, p. 18), as amended, is hereby amended by striking subsection (b) of Section 12 of said Act in its entirety and substituting

in lieu thereof the following: (b) Where the accused in a criminal case was convicted of a capital felony, the clerk shall likewise furnish the Attorney General with an exact copy of the record on appeal for which the clerk shall receive a fee as required by Section 24-2727.6(9), to be paid out of funds appropriated to the State Law Department. Section 16. An Act providing certain requirements in connection with blasting or excavating in the vicinity of gas pipes, approved March 6, 1969 (Ga. Laws 1969, p. 50), as amended, is hereby amended
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by striking subsection (c) of Section 4 of said Act in its entirety and substituting in lieu thereof the following: (c) charge a fee for the filing of such written materials in accordance with Section 24-2727.3(9). Section 17. An Act known as the Rural Telephone Cooperative Act, approved February 15, 1950 (Ga. Laws 1950, p. 192), as amended, is hereby amended by striking in its entirety Section 41 of said Act and substituting in lieu thereof the following: Section 41. Fees. The clerk of the superior court shall charge and collect the following fees: (a) Filing articles of incorporation, as required by Section 24-2727.3(12) and Section 24-2739.1 $ 16.00 (b) Filing articles of amendment 15.00 (c) Filing articles of consolidation or merger 15.00 (d) Filing articles of conversion, or consolidation and merger 15.00 (e) Filing certificate of election to dissolve 15.00 (f) Filing articles of dissolution 15.00 (g) Filing order approving change of principal office no fee The Secretary of State shall charge and collect the following fees for his service: (h) Filing articles of incorporation 5.00 (i) Filing articles of amendment 5.00 (j) Filing articles of consolidation or merger 5.00 (k) Filing articles of conversion 5.00 (l) Filing articles of consolidation and conversion 5.00 (m) Filing certificate of election to dissolve 5.00 (n) Filing articles of dissolution 5.00 (o) Filing order approving change of principal office 5.00
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Section 18. An Act to create liens in favor of hospitals, approved December 14, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 105), is hereby amended by striking the last sentence of Section 3 of said Act in its entirety and substituting in lieu thereof the following: The clerk shall receive a fee as required by Section 24-2727.3(14) as his fee for such filing. Section 19. An Act known as the Electric Membership Corporation Act, approved March 30, 1937 (Ga. Laws 1937, p. 644), as amended, is hereby amended by striking Section 17 of said Act, which reads 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., and substituting in lieu thereof the following: Section 17. Fees for clerk of Superior Court. The clerk of the Superior Court shall charge and collect the fee for filing of articles of incorporation, amendments, consolidation, and dissolution as required by Section 24-2727.3(12). Section 20. An Act to limit the effect of filing any mortgage, approved March 31, 1937 (Ga. Laws 1937, p. 760), is hereby amended by striking Section 3 of said Act in its entirety and substituting in lieu thereof the following:
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Section 3. The clerk of the Superior Court shall file such affidavit, reindex the instrument mentioned therein, and enter on the margin of the record of such instrument a reference to the filing of such affidavit, stating thereon the date of filing such affidavit and the amount unpaid on the obligation secured by such instrument for which services the clerk of the Superior Court shall be entitled to a fee as required by Section 24-2727.5(8). Section 21. An Act to provide for the filing of a lis pendens, approved February 21, 1939 (Ga. Laws 1939, p. 345), as amended, is hereby amended by striking Section 2 of said Act in its entirety and substituting in lieu thereof the following: Section 2. The Clerks of the Superior Courts of this State from and after the passage of this Act shall keep a lis pendens docket in which shall be recorded all notices of lis pendens on real property filed with them, such lis pendens docket to have proper indexes, and such indexes to be arranged alphabetically, both as to direct and inverse, and the Clerks of this State shall be allowed a fee, as required by Section 24-2727.3(15), for recording such lis pendens in said lis pendens docket. Section 22. An Act entitled The Georgia Professional Association Act, approved April 5, 1961 (Ga. Laws 1961, p. 404), as amended, is hereby amended by striking Section 4 of said Act in its entirety and substituting in lieu thereof the following: Section 4. Such persons may form a professional association by executing and recording Articles of Association in the office of the clerk of the superior court in the county in which the association's principal office is located. The clerk shall record such Articles of Association and any amendments thereto or instruments of dissolution thereof in the same manner as required for the recording of articles of incorporation and shall receive a fee as required by Section 24-2727.3(12). Such Articles of Association shall not be required to be published or recorded elsewhere. Such record of said Articles of Association, when

so recorded, shall be notice of the provisions of the Articles to the world as well as to all parties dealing with such Association. Such persons shall adopt such name for the Association as they in their discretion may determine. Provided, that the name selected shall be followed by the words `Professional Association' or the abbreviation `P.A.' Said Articles of Association may contain any provision not in violation of law or the public policy of this State as
Page 1416
the members of the association may decide. Such Articles may be amended or dissolved at any time and from time to time by agreement of two-thirds of the members at any regular meeting or at a special meeting called for that purpose, and upon likewise recording such amendment or instrument of dissolution in the same place or places as the original Articles of Association. Section 23. Code Section 24-3407, relating to deposits for nonresident plaintiffs, and which reads as follows: 24-3407. Deposit by nonresident plaintiff; additional deposit. The clerks of the superior and city courts shall not be required to file any proceeding in which the plaintiff is a nonresident, until $10 shall have been deposited with the clerk on account of costs. The court, at any stage of such cause, on motion of the clerk, shall require such additional deposit as the case may require. If the case be withdrawn or dismissed, or if, upon final judgment, the deposit exceeds the amount of the costs taxable by law, the clerk shall refund to the depositor the excess., is hereby repealed in its entirety. Section 24. Code Section 39-708, relating to clerk's fees, and which reads as follows: 39-708. Clerk's fees. For entering such execution, as aforesaid, upon the general execution docket, the clerk shall be entitled to a fee of 10 cents, to be taxed in the bill of costs., is hereby repealed in its entirety. Section 25. 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 26. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1981. GEORGIA RELOCATION ASSISTANCE AND LAND ACQUISITION POLICY ACT OF 1973 AMENDED. No. 759 (Senate Bill No. 257). AN ACT To amend an Act known as The Georgia Relocation Assistance and Land Acquisition Policy Act of 1973, approved April 13, 1973 (Ga. Laws 1973, p. 512), so as to authorize, upon certain conditions, municipal corporations having a population of 400,000 according to the United States decennial census of 1970 or any future such census to exercise the powers provided by said Act as a part of the costs of public works projects for public works projects which are not financed in whole or in part from federal funds but which are financed wholly or partially from the funds of such municipal corporations or from other nonfederal funding sources; to provide for other matters relative thereto; to provide for construction of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as The Georgia Relocation Assistance and Land Acquisition Policy Act of 1973, approved April 13, 1973 (Ga. Laws 1973, p. 512), is hereby amended by adding between Sections 11 and 12 a new Section 11A to read as follows: Section 11A. In addition and supplementary to other powers provided by this Act for the Several Public Entities, any municipal corporation having a population of 400,000 or more according to the United States decennial census of 1970 or any future such census may exercise the powers provided by this Act for public works projects
Page 1418
which are not financed in whole or in part from federal funds but which are financed wholly or partially from the funds of any such municipal corporation or from other nonfederal funding sources, if the governing authority of any such municipal corporation shall first pass an ordinance or resolution stipulating that such funds are to be spent in good faith anticipation of whole or partial reimbursement from federal funds. The costs incurred by any such municipal corporation pursuant to the authority provided by this Section shall be a part of the costs of public works projects. In carrying out the powers granted herein any such municipal corporation shall be authorized to: (1) Provide all relocation assistance and payments as authorized by this Act; (2) Establish and implement all acquisition policies and practices authorized under this Act; and (3) Provide for reimbursement of all necessary expenses authorized under this Act. Section 2. The provisions of this Act shall not be construed to repeal or affect in any manner the Act known as The Highway Relocation and Land Acquisition Policy Act, approved April 3, 1972 (Ga. Laws 1972, p. 931), or Code Section 95A-623, relating to relocation assistance for persons displaced by federal-aid highway projects. 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 13, 1981.
Page 1419
DEVELOPMENT AUTHORITIES LAW AMENDEDJOINT AUTHORITIES. No. 760 (Senate Bill No. 289). AN ACT To amend the Development Authorities Law, approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended, so as to authorize the creation of joint development authorities by counties and municipalities; to provide for membership of such joint authorities; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Development Authorities Law, approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended, is hereby amended by adding a new Section 2.1 to read as follows: Section 2.1. Joint authorities. (a) By proper resolution of the local governing bodies an authority may be created and activated by: (1) Any two or more municipal corporations; (2) Any two or more counties; or (3) One or more municipal corporations and one or more counties. (b) A joint authority so created shall be governed by the provisions of this Act in the same manner as other authorities created pursuant to this Act, except as specifically provided otherwise in this Section. (c) The resolutions creating and activating a joint authority shall specify the number of members of the authority, the number to be appointed by each participating county and municipal corporation, their terms of office, and their residency requirements. (d) The resolutions creating and activating joint authorities may be amended by appropriate concurrent resolutions of the participating governing bodies.
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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 13, 1981. HOUSING AUTHORITIES AUTHORITY TO INITIATE PROJECTS. No. 761 (Senate Bill No. 290). AN ACT To amend an Act relating to provision of housing in the interests of national defense, approved February 12, 1943 (Ga. Laws 1943, p. 161), as amended, particularly by an Act approved February 21, 1951 (Ga. Laws 1951, p. 607), so as to authorize housing authorities to initiate projects under the Act in certain areas; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to provision of housing in the interests of national defense, approved February 12, 1943 (Ga. Laws 1943, p. 161), as amended, particularly by an Act approved February 21, 1951 (Ga. Laws 1951, p. 607), is hereby amended by designating the existing text of Section 9 as subsection (a) to read as follows: Section 9. (a) No housing authority shall initiate the development of any housing project under this Act after the termination of a period of war or national emergency declared by the President or the Congress of the United States. Section 2. Said Act is further amended by adding a new subsection (b) of Section 9 to read as follows:
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(b) Notwithstanding the provisions of subsection (a), housing authorities may initiate projects within areas which as of January 1, 1981, are designated as impacted areas in which housing is necessary in the interest of national security for purposes of Section 810(b) of the federal National Housing Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1981. STATE BOARD OF CORRECTIONSOUTSIDE WORK FOR PRISONERS DURING INCLEMENT WEATHER. No. 762 (Senate Bill No. 301). 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, so as to require outside work of certain inmates of penal institutions during inclement weather under certain conditions; to provide for supervision; to provide a definition; 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, is hereby amended by adding immediately following Section 11 thereof a new Section 11.1 to read as follows:
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Section 11.1. (a) Inmates of a county correctional institution, which inmates are otherwise required to work on outdoor assignment, shall work on such assignments notwithstanding inclement weather if employees of any governmental entity within the county in which the work is to be performed are performing outdoor work during such inclement weather and

such work is similar in kind or in degree of exertion to that to be performed by such inmates. (b) Correctional officers and other supervisory personnel shall be available to supervise adequately those inmates performing outdoor work in inclement weather. (c) For purposes of this section, `inclement weather' means weather in which there is rain or in which the temperature is below 28 degrees Fahrenheit. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1981. GEORGIA RECORDS ACT AMENDED. No. 763 (Senate Bill No. 309). AN ACT To amend an Act known as the Georgia Records Act, approved March 7, 1972 (Ga. Laws 1972, p. 1267), as amended, particularly by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1372), so as to provide for the maintenance, use, preservation, and destruction of certain records; to provide for definitions; to provide for certain duties and responsibilities of certain governing bodies, offices, and officers; to provide for the destruction of records; to provide for the confidentiality of certain records; to provide that certain records shall be open to the public; to authorize each court of the state to recommend record retention schedules for that court; to authorize the
Page 1423
State Records Committee, with the concurrence of the Administrative Office of the Courts, to establish record retention schedules for the courts of this state; 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 Records Act, approved March 7, 1972 (Ga. Laws 1972, p. 1267), as amended, particularly by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1372), is hereby amended by striking in its entirety Section 11 of said Act, which reads as follows: Section 11. (a) County and municipal governments and school boards may: (1) adopt and utilize State rules and regulations as a basis for establishing a records management program; or (2) submit to the State Records Committee proposed retention schedules for their approval. Once approved these schedules have the same force and effect as if they were approved for an agency of State government., and substituting in lieu thereof the following: Section 11. (a) The provisions of this Act apply to local governments, except as modified in this section. (b) All records created or received in the performance of a public duty or paid for by public funds by a governing body are deemed to be public property and shall constitute a record of public acts. (c) As used in this section, the term: (1) `Governing body' means the governing body of any county, municipality, consolidated government, or school boards of this state. (2) `Office or officer' means any county office or officer or any office or officer under jurisdiction of a governing body which maintains or is responsible for records.
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(d) Prior to July 1, 1983, each office or officer shall recommend to the governing body a retention schedule. This schedule shall include an inventory of the type of records maintained and the length of time each type of record will be maintained in the office or in a record holding area. These retention periods will be based on the legal, fiscal, administrative, and historical needs for that record. Schedules previously approved by the State Records Committee will remain in effect until changed by the governing body. (e) Prior to January 1, 1984, each governing body shall approve by resolution or ordinance a records management plan which shall include but is not limited to: (1) The name of the person or title of officer who will coordinate and perform responsibilities of governing body under this Act. (2) Each retention schedule approved by governing authority. (3) Provisions for maintenance and security of the records. (f) The Secretary of State through the Department of Archives and History shall coordinate all records management matters for purposes of this section. The department will provide local governments a list of common types of records maintained together with recommended retention period and will provide training and assistance as required. The Department of Archives and History will advise local governments of records of historical value which may be deposited in the State Archives. All other records will be maintained by the local government. (g) Except as otherwise provided by law, ordinance, or policy adopted by the office or officer responsible for maintaining such records, all records shall be open to the public or the state or any agency thereof. Section 2. Said Act is further amended by striking subsection (b) of Section 1, which reads as follows: (b) The Supreme Court may, by rule of the court, provide for retention schedules for court records. The State Records Committee may recommend retention schedules for court records to the Supreme
Page 1425
Court. The destruction of court records by retention schedule shall not be construed as affecting the status of that court as a court of record., and inserting in lieu thereof a new subsection (b) to read as follows: (b) Each court of this state may recommend to the State Records Committee and the Administrative Office of the Courts retention schedules for records of that court. The State Records Committee, with the concurrence of the Administrative Office of the Courts, shall adopt

retention schedules for court records of each court. The destruction of court records by retention schedule shall not be construed as affecting the status of each court as a court of record. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1981. REVIVER OF NONPROFIT CORPORATIONS. Code Chapter 22-31 Amended. No. 764 (Senate Bill No. 341). AN ACT To amend Code Chapter 22-31, relating to dissolution of nonprofit corporations, as amended, so as to provide for the revival of corporations 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 in operation at all times after such expiration date, that it has not been insolvent after such expiration date and that the revival will not
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injure the corporation's creditors, the public, or the corporation's members; to provide for an affidavit; to provide for a form of notice; to provide for a hearing before the Secretary of State; to provide for all related matters; 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 22-31, relating to dissolution of non-profit corporations, as amended, is hereby amended by adding at the end of such Chapter a new Section 22-3121 to read as follows: Section 22-3121. 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 Code Sections 22-1326 and 22-3120, such corporation may thereafter revive its corporate existence by amending its articles of incorporation at any time during the period beginning ten 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 operation, 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 Code Section 22-2102(h), since such expiration date, and (3) that the reviver will not injure the corporation's creditors, the public, or the corporation's members. 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 the articles of incorporation to change the name to a corporate name that is available in accordance with Code Section 22-2302. (b) In addition to the items specified by Code Section 22-2804(b), 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
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corporation continued in operation, 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 Code Section 222102(h), since such expiration date; and (3) that the corporation's reviver will not injure its creditors, the public, or the corporation's members. (c) In lieu of the form specified in Code Section 22-2804(b), a corporation whose corporate existence is to be revived pursuant to subsection (a) above, shall submit the letter required by Code Section 22-2804(b) in substantially the following form: (Name and address of a newspaper specified by Section 22-905(c)(4)) Dear Sirs: You are requested to publish four times, a notice in the following form: The period of duration of..... (name of corporation) has expired. The officers and directors of..... (name of corporation) have filed with the Secretary of State, pursuant to Section 22-3121 of the Georgia Nonprofit 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 corporation'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 continued in operation since the expiration date fixed by its articles of incorporation in ignorance of such expiration, that the corporation has not been insolvent since such expiration date, and that the reviver of the corporation will not injure the corporation's creditors, the public, or the corporation's members and further provided that the corporation has complied with Code Section 22-3121. (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.

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(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 Sections 22-905(c) and 22-2804(b) and subsection (b) of this Code 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 operation at all times after the expiration date fixed in its articles of incorporation in ignorance of such expiration, that such corporation has been insolvent at any time after the expiration date, or that the reviver of the corporation will injure its creditors, the public, or the corporation's members. 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 April 13, 1981.
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COMPENSATION TO EMPLOYEES OF PENAL INSTITUTIONS FOR DAMAGES TO WEARING APPAREL. No. 765 (Senate Bill No. 352). AN ACT To amend an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to prisons, public works camps, and prisoners, approved February 20, 1956 (Ga. Laws 1956, p. 161), as amended, so as to provide compensation to employees of penal institutions operated by the Department of Offender Rehabilitation for certain personal property losses sustained through inmate action; to prohibit certain prisoners from being made a trusty while their cases are on appeal; 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 comprehensively and exhaustively revising, superseding, and consolidating the laws relating to prisons, public works camps, and prisoners, approved February 20, 1956 (Ga. Laws 1956, p. 161), as amended, is hereby amended by adding between Sections 10 and 11 a new Section 10A to read as follows: Section 10A. Compensation to employees of certain penal institutions for damages to wearing apparel caused by inmate action. When action by an inmate in one of the penal institutions operated by the Department of Offender Rehabilitation results in damage to an item of wearing apparel of an employee of the institution, the Department of Offender Rehabilitation shall compensate the employee for the loss in the amount of either the repair cost or the replacement value or the cost of the item of wearing apparel, whichever is less. `Wearing apparel' shall include eyeglasses, hearing aids, clothing, and similar items worn on the person of the employee. Such losses shall be compensated only in accordance with procedures to be established by the Department of Offender Rehabilitation. Section 2. Said Act is further amended by adding between Section 10A and Section 11 a new section, to be designated Section 10B, to read as follows:
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Section 10B. Any defendant who has been convicted of a felony and sentenced to death or life imprisonment shall not be made a trusty at any penal institution or facility in this state during the time that his case is on appeal. Such person shall be confined as other prisoners. 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 13, 1981. GEORGIA MUNICIPAL ELECTION CODE AMENDED. Code Title 34A Amended. No. 766 (Senate Bill No. 383). AN ACT To amend Code Title 34A, known as the Georgia Municipal Election Code, as amended, so as to change the provisions relating to voter registration places; to provide that no elector shall be removed from the electors list for failure to vote in the immediately preceding years except under certain conditions; to provide for special elections in cases where municipal charters do not provide for the filling of vacancies in elective offices; 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 striking in its entirety subsection (b) of Code Section 34A-506, relating to keeping of registration cards and other papers, voter registration places, and
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office hours, and inserting in lieu thereof a new subsection (b) to read as follows: (b) In those municipalities electing to maintain their own registration system, the registrars shall keep the completed registration cards and their other papers in the main office of the municipal registrars which shall be in the city hall or other public building designated by the governing authority. If no such office exists, the registrars shall keep the completed registration cards and their other papers in the office of the city clerk, and such office shall be deemed the main office of the board of registrars. For the purpose of taking applications for registration and for the purpose of registering electors, such number of registrars or deputy registrars as shall be designated by the chief registrar shall be stationed at such main office where the completed registration cards are kept at such times as the office is open during regular office hours. The governing authority in addition to the main office, may designate other fixed places to be used for the purpose of receiving applications for registration and for the registration of electors. Section 2. Said Code title is further amended by striking in its entirety subsection (a) of Code Section 34A-515, relating to the purging of electors lists, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The registrar in municipalities maintaining their own registration system shall purge the list of electors as follows: (i) At least every two years the registrar shall examine the list of electors and remove therefrom any electors that have not voted in at least one general or special election or primary in the preceding three years or have not specifically requested a continuation of their registration. However, no elector shall be removed from the list of electors for failure to vote in the preceding three years unless the municipality has conducted at least two general elections during such preceding three-year period. (ii) At least 60 days before any general election obtain from the clerk of the superior court of the county a list of persons residing in the county who appear to be disqualified from voting by reason of having been convicted of a crime since the last general election, the penalty of which is disfranchisement unless such person has been pardoned and the right of sufferage restored to
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him. Any of these persons on the municipal electors list shall be removed. (iii) At least 60 days before any general election obtain from the probate judge of the county a list of all persons residing in the county who appear to be disqualified from voting by reason of an adjudication of idiocy or insanity since the last general election. Any of these persons on the municipal electors list shall be removed. (iv) At least 60 days before any general election obtain from the local registrar of vital statistics of each county a list of those persons who have died since the last general election. Any of these persons listed on the municipal electors list shall be removed. Section 3. Said Code title is further amended by striking in its entirety Code Section 34A-1409, relating to special elections on failure to nominate or elect or on the death or withdrawal of officer-elect, and inserting in lieu thereof a new Code Section 34A-1409 to read as follows: 34A-1409. Special election on failure to nominate or elect or on death or withdrawal of officer-elect; vacancies. (a) 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. (b) Whenever any person elected to public office shall, after taking office, die, withdraw, or for any other reason create a vacancy in his office and the municipal charter fails to provide a method for the filling of such vacancy, the governing authority shall thereupon call a special election to fill such vacancy. 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 April 13, 1981. STATE ALCOHOLISM ADVISORY COUNCIL ACT AMENDED. No. 767 (Senate Bill No. 409). 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, p. 644), an Act approved April 5, 1978 (Ga. Laws 1978, p. 2048), an Act approved April 13, 1979 (Ga. Laws 1979, p. 933), and an Act approved March 20, 1980 (Ga. Laws 1980, p. 566), 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), an Act approved April 13, 1979 (Ga. Laws 1979, p. 933), and an Act approved

March 20, 1980 (Ga. Laws 1980, p. 566), is hereby amended by striking Section 23 in its entirety and inserting in lieu thereof a new Section 23 to read as follows:
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Section 23. This Act shall become effective on July 1, 1982. 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 13, 1981. REIMBURSEMENT OF COUNTIES FOR COSTS OF MAINTAINING CERTAIN PRISONERS. No. 768 (Senate Bill No. 412). AN ACT To amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. Laws 1956, p. 161), as amended, particularly by an Act approved March 9, 1979 (Ga. Laws 1979, p. 376), so as to change certain of the provisions relative to the reimbursement of counties for the cost of maintaining certain prisoners in the county jails before such prisoners are transferred to the place of confinement where the sentence is to be served; 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 prisons, public works camps and prisoners, approved February 20, 1956 (Ga. Laws 1956, p. 161), as amended, particularly by an Act approved March 9, 1979 (Ga. Laws 1979, p. 376), is hereby amended by striking from the end of the first paragraph of subsection (b) of Section 13 the following:
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After proper documentation is received from the Clerk of the Court and there exists no further right to appeal, the Department of Offender Rehabilitation shall have thirty days to transfer a prisoner under sentence to the place of confinement. If the prisoner is not transferred within the said thirty days, the Department will reimburse the county, pursuant to rules and regulations adopted by the Board of Offender Rehabilitation and in such an amount as may be appropriated for this purpose by the General Assembly, for the cost of the incarceration commencing thirty days after proper documentation is received by the Department from the Clerk of the Court and there exists no further right of appeal. The reimbursement provisions of this Section shall only apply to payment for the incarceration of felony prisoners available for transfer to the Department, except prisoners under death sentence, awaiting transfer after their initial trial, and shall not apply to prisoners who were incarcerated under the custody of the Commissioner of Offender Rehabilitation at the time they were returned to the county jail for trial on additional charges or returned to the county jail for any other purposes including for the purpose of a new trial., and substituting in lieu thereof the following: After proper documentation is received from the Clerk of the Court, the Department of Offender Rehabilitation shall have thirty days to transfer a prisoner under sentence, unless said sentence is under appeal, to the place of confinement. If the prisoner is not transferred within the said thirty days, the Department will reimburse the county, in a sum not less than five (5) dollars per day, per prisoner and in such an amount as may be hereinafter appropriated for this purpose by the General Assembly, for the cost of the incarceration commencing thirty days after proper documentation is received by the Department from the Clerk of the Court. The reimbursement provisions of this Section shall only apply to payment for the incarceration of felony prisoners available for transfer to the Department, except prisoners under death sentence, awaiting transfer after their initial trial, and shall not apply to prisoners who were incarcerated under the custody of the Commissioner of Offender Rehabilitation at the time they were returned to the county jail for trial on additional charges or returned to the county jail for any other purposes including for the purpose of a new trial.
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1981. JEKYLL ISLAND-STATE PARK AUTHORITY ACT AMENDEDORDINANCES, ETC. No. 769 (Senate Bill No. 416). AN ACT To amend an Act known as the Jekyll Island-State Park Authority Act, approved February 13, 1950 (Ga. Laws 1950, p. 152), as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 782), an Act approved February 15, 1952 (Ga. Laws 1952, p. 276), an Act approved February 27, 1953 (Ga. Laws 1953, p. 261), an Act approved March 15, 1957 (Ga. Laws 1957, p. 608), an Act approved February 10, 1960 (Ga. Laws 1960, p. 891), an Act approved April 9, 1963 (Ga. Laws 1963, p. 391), an Act approved February 18, 1964 (Ga. Laws 1964, p. 100), an Act approved April 5, 1971 (Ga. Laws 1971, p. 452), an Act approved April 7, 1976 (Ga. Laws 1976, p. 1560) and an Act approved April 5, 1978 (Ga. Laws 1978, p. 2043), so as to provide for the adoption and enforcement of reasonable ordinances and resolutions by the Authority; to provide that members of the Uniform Division of the Department of Public Safety shall be authorized and empowered to enforce and make arrests for violations of such ordinances and resolutions; to provide that

the State Court of Glynn County shall have jurisdiction to hear and try offenses which violate such ordinances and resolutions; 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 Jekyll Island-State Park Authority Act, approved February 13, 1950 (Ga. Laws 1950, p. 152),
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as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 782), an Act approved February 15, 1952 (Ga. Laws 1952, p. 276), an Act approved February 27, 1953 (Ga. Laws 1953, p. 261), an Act approved March 15, 1957 (Ga. Laws 1957, p. 608), an Act approved February 10, 1960 (Ga. Laws 1960, p. 891), an Act approved April 9, 1963 (Ga. Laws 1963, p. 391), an Act approved February 18, 1964 (Ga. Laws 1964, p. 100), an Act approved April 5, 1971 (Ga. Laws 1971, p. 452), an Act approved April 7, 1976 (Ga. Laws 1976, p. 1560) and an Act approved April 5, 1978 (Ga. Laws 1978, p. 2043) is hereby amended by adding a new Section following Section 14, which new Section shall be designated Section 14.1 and shall read as follows: Section 14.1. The Authority shall have legislative power to adopt reasonable ordinances and resolutions relating to the property, affairs and government of Jekyll Island, including without limitation ordinances and resolutions adopting by reference any or all of the provisions of Ga. Laws 1974, p. 633 et seq. in accordance with Ga. Laws 1974, p. 689, for which no provision has been made by general law and which are not inconsistent with the general laws and Constitution of the State of Georgia. Such ordinances and resolutions shall be enforced by the Authority and members of the Uniform Division of the Department of Public Safety who shall be authorized and empowered to serve and execute warrants and to make arrests for violation of such ordinances and resolutions, and upon and within the limits of Jekyll Island shall have the same authority, powers and privileges regarding enforcement of law as the several sheriffs of this State, which authority, powers and privileges shall be in addition to and not in limitation of all other powers of members of the Uniform Division of the Department of Public Safety as provided by law. For purposes of this Act, the State Court of Glynn County shall have jurisdiction and authority to hear and try offenses occurring upon and within the limits of Jekyll Island which violate the ordinances and resolutions of the Authority, and to punish for violations of such ordinances and resolutions by a fine not to exceed $500.00 and costs or by imprisonment for a term not to exceed thirty (30) days, or to both such fine and imprisonment, any or all of such penalties to be imposed at the discretion of the Judge of the State Court of Glynn County. The jurisdiction and authority of the State Court of Glynn County herein provided shall be in addition to and not in limitation of the jurisdiction and authority of the State Court of Glynn County as now and may be hereafter provided.
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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 by a Court of competent jurisdiction, 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 by a Court of competent jurisdiction, 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 of the provisions of any ordinances and resolutions adopted by the Authority and which are now in force and effect and which are not inconsistent with nor repugnant to this Act, and not in conflict with the Constitution or the general laws of the State of Georgia, or the Constitution of the United States, shall remain in full force and effect, provided, that the Authority may at any time repeal, alter or amend any of the provisions of said ordinances and resolutions. Section 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 13, 1981.
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ELECTIONS, ETC. FOR ISSUANCE OF BONDS IN CERTAIN COUNTIES (250,000 - 400,000). Code Section 87201.1 Enacted. No. 770 (Senate Bill No. 437). AN ACT To amend Code Chapter 87-2, relating to elections on the issuance of bonds, as amended, so as to provide additional requirements for the issuance of bonds and for the expenditure of bond funds in counties of this State having a population of not less than 250,000 nor more than 400,000 according to the United States decennial census of 1980 or any future such census; 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 87-2, relating to elections on the issuance of bonds, as amended, is hereby amended by adding immediately following Code Section 87-

201 a new Code Section 87-201.1 to read as follows: 87-201.1. Additional requirements for certain counties. (a) In addition to the other requirements of this Code Chapter governing elections for the issuance of bonds, in all counties of this State having a population of not less than 250,000 nor more than 400,000 according to the United States decennial census of 1980 or any future such census, every legal advertisement of a bond election shall contain a reference that any brochures, listings, or other advertisements issued by the governing body in such counties, or by any other person, firm, corporation, or association with the knowledge and consent of the governing body in such counties, shall be deemed to be a statement of intention of the governing body in such counties concerning the use of the bond funds, and such statement of intention shall be binding on the governing body in such counties and shall limit the expenditure of any such bond funds to the purpose specified in such statement of intention, unless the governing body in such counties uses such bond funds for the retirement of bonded indebtedness in the manner proved by subsection (b) of this Code Section. Such statement of intention shall also be set forth in the resolution pursuant to which such bonds are issued.
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(b) The governing body in such counties may, by a two-thirds' vote, declare any project which has been proposed pursuant to a statement of intention provided for in subsection (a) of this Code Section to be unnecessary. In that event, the governing body of such counties shall use such bond funds for the payment of all or any part of the principal and interest on any bonded indebtedness of such county then outstanding. (c) In such counties, interest received from bond funds which have been invested and surpluses from the overestimated projects shall be used first to complete underestimated projects, and all remaining funds received from interest and overestimated projects shall be used for other projects or improvements which the governing body in such counties may deem necessary and which are encompassed within the language of the statement of purpose in the election notice. Any meetings of any governing bodies at which any bond fund allocation is made shall be open to the public. Such meetings shall be announced to the news media in advance and shall be open to the news media. (d) In such counties, all contracts for the construction of projects for which the bonds are issued shall be let within 18 months of the sale of such bonds. Should the governing body fail to let the contract as provided in this subsection, the funds allocated in the bond issue for the project or portion of it shall lapse and shall be paid to the sinking fund for the retirement of the bonds issued. Section 2. This Act shall become effective on the date the United States Bureau of the Census publishes the advance report, which contains the final population counts, for the 1980 census for the State of Georgia. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1981.
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GEORGIA MOTOR VEHICLE EMISSION INSPECTION AND MAINTENANCE ACT AMENDED. No. 771 (House Bill No. 237). AN ACT To amend an Act known as the Georgia Motor Vehicle Emission Inspection and Maintenance Act, approved April 16, 1979 (Ga. Laws 1979, p. 1213), so as to define an additional term; to change the provisions relating to periodic inspection procedures and maintenance; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Motor Vehicle Emission Inspection and Maintenance Act, approved April 16, 1979 (Ga. Laws 1979, p. 1213), is hereby amended by adding at the end of Section 5 a new paragraph (23) to read as follows: (23) `Owner' means the registered owner or the individual presenting the responsible motor vehicle for the emission inspection required under this Act. 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. Periodic Inspections and Maintenance Required. (1) Each responsible motor vehicle subject to any requirement under Section 7 must receive a certificate of emission inspection once during any twelve-month period during which Section 7 applies to such responsible motor vehicle from an emission inspection station holding a valid certificate of authorization from the Department of Public Safety. A certificate of emission inspection shall be issued for such a responsible motor vehicle if upon inspection by a permitted mechanic inspector the mechanic inspector determines, consistent with the terms of Section 7 of this Act, with respect to such responsible motor vehicle: (a) That any emission control equipment required on such responsible motor vehicle when new by the Federal Clean Air Act
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(42 U.S.C. Section 1857, et seq., as amended, and 42 U.S.C. Section 7401, et seq., as amended) has been inspected to determine whether such equipment has been rendered unserviceable by removal, alteration, or other interference with its operation; and (b) That any emission control equipment required on such responsible motor vehicle when new by the

Federal Clean Air Act (42 U.S.C. Section 1857, et seq., and 42 U.S.C. Section 7401, et seq., as amended) has not been rendered unserviceable by removal, alteration, or other interference with its operation (unless replaced with equipment of demonstrated equivalent emission reduction capabilities); and (c) That an inspection of the exhaust and evaporative emissions of hydrocarbons and carbon monoxide from such responsible motor vehicle has been performed; and (d) That the exhaust emissions and evaporative emissions from the responsible motor vehicle do not exceed any applicable emission standard or emission limitation for allowable emissions of hydrocarbon or carbon monoxide prescribed by the Board pursuant to this Act. Compliance with any applicable emission standard or emission limitation shall be determined by mechanic inspectors meeting qualifications, using methods, techniques, and equipment, under conditions, and following inspection procedures prescribed by the Board pursuant to this Act. (2) If the inspection discloses any violation of any applicable emission standard or emission limitation, then the owner shall be notified, in writing, of the air pollutant which exceeds the allowable emissions and the degree of excess. (3) The owner shall have necessary maintenance and repairs performed and returned for reinspection at an emission inspection station within fifteen days of the initial inspection. Such reinspection shall be at no charge to the owner. If such motor vehicle fails to meet the requirements of subsection (1) at the reinspection, no certificate of emission inspection shall be issued unless the owner proves, by means of repair facility receipts or other written documents, that: (a) He has replaced any emission control and exhaust system equipment or part thereof which has been removed, physically damaged, or otherwise rendered inoperable;
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(b) He has spent at least $50.00 in the repair and maintenance of the responsible motor vehicle evaporative (as applicable) emission control systems and related equipment, apart from the replacement or repair of emission control devices and exhaust systems, since the first inspection in the current twelve-month period of applicability of Code Section 68-2507; and (c) Such repairs and maintenance have produced a decrease in exhaust and evaporative emissions (as applicable) since the first inspection in the current twelve-month period of applicability of Code Section 68-2507. (4) Notwithstanding the requirements of subsection (1) above, only the requirements contained in paragraphs (1)(a) and (1)(c) of such subsection shall be effective during any initial twelve-month period of applicability beginning on or after April 1, 1981, so that any responsible motor vehicle subject to any requirement under Section 7 of this Act during such initial twelve-month period of applicability may be issued a certificate of emission inspection, for such initial twelve-month period of applicability, upon a determination that the inspections required by paragraphs (1)(a) and (1)(c) have been performed. Upon issuance of a certificate of inspection under the terms of this subsection, the responsible motor vehicle owner shall be notified of the results of such inspections and notified as to whether such motor vehicle would have complied with paragraphs ([Illegible Text])(b) and (1)(d) of this Section had they been applicable. (5) All the requirements of paragraphs (1)(a), (1)(b), (1)(c), (1)(d), (2), and (3) above shall become effective upon termination of any initial twelve-month period of applicability so that on and after termination of the initial twelve-month period of applicability any responsible motor vehicle subject to any requirement of Section 7 of this Act may be issued a certificate of inspection only in accordance with the requirements of paragraphs (1)(a), (1)(b), (1)(c), (1)(d), (2), and (3). (6) `Initial twelve-month period of applicability' means, for a given county, the twelve-month period following April 1 of a given calendar year, or the twelve-month period following the date on which the requirements of Section 7 of this Act otherwise become applicable, when such county became subject to any requirement under Section 7 of this Act for the first time. Any county which has been subject to any requirement under this Act, again becoming subject to
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any requirement under this Act subsequent to an intervening period during which such county was not subject to any requirement under this Act, shall be considered to be in an initial year of applicability upon again becoming subject to any requirement under this Act in such manner. (7) A certificate of emission inspection shall be displayed on a vehicle which has been inspected and has been approved as meeting the requirements of this Act and shall bear the date said vehicle was inspected, the number or other identification of the inspecting station, the signature of the mechanic inspector performing the inspection, and such other information as shall be required by the Commissioner. The mechanic inspector shall remove from the vehicle being inspected any old certificate of emission inspection when a new certificate of emission inspection will be issued. (8) All certificates of emission inspection shall be issued for a period of one year. (9) With respect to any inspection or certificate of inspection required for a responsible motor vehicle at the time of the initial retail sale of such vehicle when new the Department may provide for the issuance of certificates of inspection for such vehicles by the franchised dealer selling the vehicle, provided such dealer first determines that such vehicle meets the applicable requirements of the Federal Clean Air Act. Section 3. The 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 14, 1981.
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MACON JUDICIAL CIRCUITADDITIONAL JUDGE. No. 772 (House Bill No. 257). AN ACT To add one additional judge of the superior court for the Macon Judicial Circuit of Georgia; to provide for his appointment by the Governor and his subsequent election at the general election of 1982 and for the term of office of said judge and to fix the time at which he shall begin his term of office; to prescribe the powers, duties, jurisdiction, privileges, and immunities of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the supplementary compensation paid by the counties comprising the Macon Judicial Circuit; to authorize the judges of said court to adopt, promulgate, amend, and enforce rules of practice and procedure in said court and to provide for the allocation of the work and duties in transacting the business of said court; to provide for the issuance of writs, processes, orders, subpoenas, and other official papers out of said court and the return and trial thereof; to provide for quarters for said additional judge; 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. Under and in accordance with the provisions of the Constitution of the State of Georgia, one additional judge of the superior court for the Macon Judicial Circuit of Georgia is hereby added, thereby increasing to four the number of the judges of the superior court of said circuit. Section 2. The Governor, within 30 days after the effective date of this Act, shall appoint the judge of the superior court for the Macon Judicial Circuit of Georgia, in the additional judgeship created by this Act, to hold office from the date of his qualification under said appointment and continuing until January 1, 1983, or until such subsequent date as his successor shall have been elected and qualified as herein provided. At the general election for members of the General Assembly to be held in 1982, the judge shall be elected to serve for a full term of four years which shall expire December 31, 1986, or until his successor shall have been elected and qualified.
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After the term specifically provided herein, the successor to the office of judge of superior court in the additional judgeship herein created shall be elected in the manner provided by law for the election of judges of the superior courts of this state. Section 3. Said additional judge of the superior court of Macon Judicial Circuit of Georgia shall have and may exercise all powers, duties, jurisdiction, privileges, and immunities of a judge of said court. Section 4. The qualifications of such additional judge 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 the supplemental compensation from the counties of said circuit shall be the same as that of the other judges of the superior court of the Macon Judicial Circuit. Section 5. Upon and after qualification of the additional judge of the superior court for the Macon Judicial Circuit of Georgia, the four judges of said court are authorized to 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 said 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. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior court of the Macon Judicial Circuit may bear teste in the name of any judge of said Macon 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 7. The drawing and empaneling and charging of all juries, either grand, petit, or special, may be by any one of the judges of the superior court of said circuit.
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Section 8. The governing authorities, namely, the board of county commissioners of the counties comprising the Macon Judicial Circuit, are authorized and directed to provide suitable courtrooms, jury rooms, and chambers for said additional judge. 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 October 1, 1981 Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 14, 1981. STATE EMPLOYEES' RETIREMENT SYSTEM ACT AMENDED. No. 773 (House Bill No. 278). AN ACT To amend an Act creating the State Employees' Retirement System, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to provide military service credit to persons who were on active duty in the armed forces of the United States during the period of the Vietnam Conflict; to provide for contributions; to make exclusions which are applicable to widows applicable to all surviving spouses; 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 Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is hereby amended by adding at the end of subsection (4) of Section 4 a new paragraph to read as follows: Anything in this Act to the contrary notwithstanding, any member who was on active duty in the armed forces of the United States during the period of the Vietnam Conflict may receive military service credit for such period of active duty up to a maximum of five years, provided such member shall pay the regular employee contribution of 5 percent on the compensation last paid to him as an employee before entering military service or 5 percent on the compensation first paid to him as an employee after returning from military service, plus 4 1/2 percent interest on said employee contributions, compounded annually to date of payment; provided, however, that no service in the armed forces shall be deemed as creditable under any provisions of this Act if such service has or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other State or federal retirement program, excluding Social Security and those retirement programs covered under the provisions of Title 10 of the United States Code, Public Law 810, 80th Congress, as amended. For the purposes of of this Act, the period of the Vietnam Conflict shall extend from August 5, 1964, through May 7, 1975., so that when so amended subsection (4) of Section 4 shall read as follows: (4) Anything in this Act to the contrary notwithstanding, any member, if otherwise eligible for prior service credits, who, prior to January 1, 1954, served on active duty in the armed forces of the United States, shall be entitled to credit for such active duty service, exclusive of reserve service, and not to exceed the limitations as elsewhere provided for in this Act, provided no service in the armed forces shall be deemed as creditable under any provisions of this Act if such service has or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other State or federal retirement program, excluding Social Security and those retirement programs covered under the provisions of Title 10 of the United States Code, Public Law 810, 80th Congress, as amended, with the further provision that this Act will not be prejudicial to any
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determination of creditable service made prior to the passage of this Act. It is not the intent of this subsection to authorize creditable service to any member who retired from active duty in the armed forces with a benefit or allowance, unless his benefit or allowance was entirely by reason of injury or disability, and who, without such injury or disability, could not have otherwise qualified for a benefit or allowance. Anything in this Act to the contrary notwithstanding, any member who was on active duty in the armed forces of the United States during the period of the Vietnam Conflict may receive military service credit for such period of active duty up to a maximum of five years, provided such member shall pay the regular employee contribution of 5 percent on the compensation last paid to him as an employee before entering military service or 5 percent on the compensation first paid to him as an employee after returning from military service, plus 4 1/2 percent interest on said employee contributions, compounded annually to date of payment; provided, however, that no service in the armed forces shall be deemed as creditable under any provisions of this Act if such service has or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other State or federal retirement program, excluding Social Security and those retirement programs covered under the provisions of Title 10 of the United States Code, Public Law 810, 80th Congress, as amended. For the purposes of this Act, the period of the Vietnam Conflict shall extend from August 5, 1964, through May 7, 1975. Section 2 . Said Act is further amended by striking from Section 12 the word widows, wherever the same appears, and inserting in lieu thereof the words surviving spouses so that when so amended said section shall read as follows: Section 12. Limitation on Membership. Except as specifically provided in this Act, no other provision of law under any other statute which provides wholly or partly at the expense of the State of Georgia for pensions or retirement benefits for employees in the State, their surviving spouses or their dependents, shall apply to members or beneficiaries of this retirement system, their surviving spouses or their dependents.
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Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 14, 1981. DEPARTMENT OF PUBLIC SAFETYPOWERS, DUTIES, ETC. No. 774 (Senate Bill No. 23). AN ACT To amend an Act creating the Department of Public Safety, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended by an Act approved February 7, 1950 (Ga. Laws 1950, p. 77), an Act approved March 7, 1956 (Ga. Laws 1956, p. 495), an Act approved March 9, 1956 (Ga. Laws 1956, p. 605), an Act approved March 21, 1970 (Ga. Laws 1970, p. 577), an Act approved March 21, 1974 (Ga. Laws 1974, p. 477), and an Act approved March 3, 1978 (Ga. Laws 1978, p. 254), so as to provide for the powers, duties, and responsibilities of the Georgia State Patrol; to provide for the limits of their jurisdiction; to provide for their powers of arrest and investigation; to provide for their duties on state property; to provide for their relationship with other law enforcement agencies; to authorize the Commissioner of Public Safety to appoint investigators; to provide for their powers, duties, and compensation; 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 Department of Public Safety, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended by an Act approved February 7, 1950 (Ga. Laws 1950, p. 77), an Act approved March 7, 1956 (Ga. Laws 1956, p. 495), an Act approved March 9, 1956 (Ga. Laws 1956, p. 605), an Act approved March 21, 1970 (Ga. Laws 1970, p. 577), an Act approved March 21, 1974 (Ga.
Page 1451
Laws 1974, p. 477), and an Act approved March 3, 1978 (Ga. Laws 1978, p. 254), is hereby amended by striking in its entirety Section 14 of Article II of said Act which reads as follows: Section 14. Duties of the Georgia State Patrol. It shall be the primary duty of the Uniform Division of the Department of Public Safety designated as the `Georgia State Patrol,' to patrol the rural and public roads and highways throughout this State, to prevent, detect and investigate criminal acts, and to arrest and apprehend those charged with committing criminal offenses appertaining thereto, and to safeguard the lives and property of the public. They are empowered to act in cooperation with any other law enforcement agency of this State or of any city, county, or other division thereof, but shall not cooperate with local authorities in preventing the commission of criminal offenses, except on property owned by the State or its departments, bureaus, commissions, or authorities, other than traffic violations on the roads and highways and related offenses, nor in detecting and apprehending, off the roads and highways, those charged with other than traffic and related offenses against the criminal laws of this State, or any other state, or the United States, without specific authority and direction of the Director of Public Safety. They shall not exercise any power of arrest, with the exception herein provided for arrest powers and general law enforcement authority on property owned by the State or its departments, bureaus, commissions, or authorities, except for offenses arising from violation of the traffic laws, or laws regulating the use, ownership, and control of motor vehicles, or for offenses committed upon the highways of the State. Provided that upon request of the governing authorities of any municipality, or the chief law enforcement officer of any municipality, or of the sheriff of any county, or of the chief officer of the county police force in all counties having a population of more than 100,000 according to the U. S. Decennial Census of 1970, or any future such census, or of the judge of the superior court of any county of this State or the Governor of this State, the Commissioner of Public Safety, in unusual circumstances, may, and in the case of an Order from the Governor of Georgia shall, direct members of the Georgia State Patrol to render assistance in any criminal case, or in the prevention of violations of law, or in detecting and apprehending those violating any criminal laws of this, or any other state, or the United States.
Page 1452
Notwithstanding the foregoing, it shall be the duty of members of the State Patrol and agents of the Bureau of Investigation to enter any county or incorporated municipality for the purpose of making arrests and otherwise enforcing any law of this State requiring segregation or separation of the white and colored races in any manner or activity, when request therefor is made by any citizen or official of such county or municipality. The Uniform Division of the Department of Public Safety shall not, however, usurp any of the duties or authority of the sheriffs of this State, or of the police of any incorporated village, town or city, but they shall have the right to make arrests within the corporate limits of any village, town or city in this State where the person or persons committing or suspected of committing a criminal offense is a fugitive or is likely to be a fugitive on account of a crime committed and the assistance of the officers of the municipality cannot be readily obtained before the escape of the fugitive. The Uniform Division of the Department of Public Safety known as the Georgia State Patrol shall have jurisdiction throughout the State of Georgia and in any county thereof, but they shall not exercise any power to suppress rioting or labor strikes or picketing, as provided by law within the limits of the incorporated municipality, or in any county of this State, except upon direction of the Governor of this

State on request made by the governing body of such municipality or county. They are authorized and empowered (a) to arrest any person or persons violating the criminal laws of this State on property owned by the State or its departments, bureaus, commissions, or authorities; (b) to serve and execute warrants on property owned by the State or its departments, bureaus, commissions, or authorities; and (c) to enforce in general the criminal laws of this State on property owned by the State or its departments, bureaus, commissions, or authorities., and substituting in lieu thereof a new Section 14 to read as follows: Section 14. (a) The Uniform Division of the Department of Public Safety, known as the Georgia State Patrol, shall have jurisdiction throughout the State of Georgia with such duties and powers as are prescribed by law.
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(b) It shall be the primary duty of the Georgia State Patrol to patrol the public roads and highways of this State, including interstate and state maintained highways, and to safeguard the lives and property of the public, and such duty shall also include accident investigation and traffic enforcement. The Georgia State Patrol shall prevent, detect, and investigate violations of the criminal laws of this State, any other state, or the United States which are committed upon these public roads and highways or upon property appertaining thereto and shall apprehend and arrest those persons who violate such criminal laws. (c) It shall be the further duty of the Georgia State Patrol to enforce the laws of this State relating to the use, ownership, control, licensing, and registration of motor vehicles. (d) On property owned by the State or any agency thereof, it shall be the further duty of the Georgia State Patrol: (1) To enforce the criminal laws of this State, (2) To apprehend and arrest any person who violates the criminal laws of this State, and (3) To serve and execute warrants. (e) It shall be the further duty of the Georgia State Patrol: (1) To apprehend and arrest any person who is a fugitive from justice, and (2) To suppress riots, labor strikes, or picketing, as provided by law, at the direction of the Governor of the State on request made by the chief of police of any municipality or the sheriff of any county. (f) (1) It shall be the further duty of the Georgia State Patrol to make initial inquiries into, and to make arrests in connection with such initial inquiries, any situation which occurs off the public roads and highways and which occurs under circumstances where the Georgia State Patrol has reasonable grounds to believe a criminal law has been, is being, or is about to be violated.
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(2) Any initial inquiry or arrest which is made pursuant to paragraph (1) of this subsection shall be initiated only if a local law enforcement officer is not readily available and the member of the Georgia State Patrol reasonably believes that his failure to act could result in the commission of a criminal act or the escape of a person who has committed a criminal act. In any action taken by the Georgia State Patrol under paragraph (1), as soon as practicable under the circumstances, the Georgia State Patrol shall relinquish jurisdiction to the local law enforcement agency. (g) The Georgia State Patrol shall cooperate with all law enforcement agencies of this State or any municipality, county, or other political subdivision thereof in enforcing the laws of this State, any other state, or the United States relating to the operation of motor vehicles. The Commissioner of Public Safety may, and in the case of a request by the Governor of Georgia shall, authorize and direct the Georgia State Patrol to cooperate with and render assistance to any law enforcement agency of this State or any municipality, county, or other political subdivision thereof in any criminal case, in the prevention or detection of violations of any law, or in the apprehension or arrest of persons who violate the criminal laws of this State, any other state, or the United States, upon a request by the governing authority or chief law enforcement officer of any municipality, the sheriff of any county, a judge of the superior court of any county, or the Governor of Georgia. (h) In no case where the Georgia State Patrol is exercising any power or performing any duty authorized by this section shall it usurp any of the duties or authority of any sheriff of any county, any chief of police of any municipality, or any chief of police of any county police force. (i) The duties and powers of the Georgia State Patrol as provided in this section shall be in addition to any other duties or powers provided by law. Section 2 . The Commissioner of Public Safety is hereby authorized to appoint two nonuniformed investigators who shall be certified peace officers pursuant to the provisions of the Georgia Peace Officer Standards and Training Act. The commissioner shall determine the salaries of such investigators. The investigators shall be in the unclassified service of the State Merit System of Personnel Administration and therefore shall not be governed by any rules of
Page 1455
position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, or other such matters concerning their employment as may now or hereafter be established by the State Personnel Board, the State Merit System of Personnel Administration, or any successor boards or agencies. The investigators shall be authorized and empowered: (1) To investigate crimes committed on property owned by the state;

(2) To arrest any person violating the criminal laws of this state on property owned by the state; (3) To serve and execute warrants on property owned by the state; (4) To enforce in general the criminal laws of this state on property owned by the state; and (5) To carry firearms while performing their duties. For the purposes of this section, property owned by the state shall also include property owned by departments, bureaus, commissions, or authorities of the state. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 14, 1981.
Page 1456
GEORGIA HEALTH CODE AMENDEDFORM OF BIRTH CERTIFICATES. Code Section 88-1708 Amended. No. 775 (Senate Bill No. 35). AN ACT To amend Code Section 88-1708, relating to forms of certificates, so as to require certain information on certificates of birth; 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 88-1708, relating to forms of certificates, is hereby amended by adding immediately following the word hereunder the following: ; provided, however, that certificates of birth shall require the social security number of each parent listed if such information is known, so that when so amended Code Section 88-1708 shall read as follows: 88-1708. Forms of certificates. The Department, in order to promote and maintain uniformity in the system of vital records, shall prescribe all forms of certificates, reports, and other returns as required by this Chapter or by the regulations adopted hereunder; provided, however, that certificates of birth shall require the social security number of each parent listed if such information is known. Section 2 . This Act shall become effective January 1, 1982. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 14, 1981.
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DEVELOPMENT AUTHORITIES LAW AMENDEDPROJECT, ETC. DEFINED. No. 776 (Senate Bill No. 323). 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 27, 1978 (Ga. Laws 1978, p. 1162), so as to include in the definition of the word project the acquisition, construction, equipping, improvement, modification or expansion of any property, real or personal, for use as or in connection with research and development facilities; to define the term research and development facilities and provide for a conclusive determination as to qualification of such facilities; to provide a more effective mechanism whereby local communities can stimulate economic growth and development to attract and attain industrial enterprises, expand local credit and capital, and reduce unemployment; to change the definition of the word project; 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 27, 1978 (Ga. Laws 1978, p. 1162), is hereby amended by adding at the end of paragraph (2) of subsection (e) of Section 1 the following: The word `project' shall also mean and include the acquisition, construction, equipping, improvement, modification or expansion of any property, real or personal, for use as or in connection with research and development facilities. For the purpose hereof, the term `research and development facilities' shall mean any property used in whole or in substantial part in conducting basic and applied research for commercial, industrial or governmental institutions in connection with institutions of higher education which is determined by the Authority to contribute to the development and promotion of trade, commerce, industry and employment opportunities for the public good and general welfare in furtherance of the purposes for which the Authority was created. The Authority's determination as to such matters shall be final and not subject to review. No project as defined
Page 1458
by this subparagraph (F) shall be exempt from any ad valorem taxation. Section 2 . Said Act is further amended by deleting subparagraph (F) of paragraph (8) of subsection (e) of Section 1 and inserting in lieu thereof a new subparagraph (F), which shall read as follows: (F) Hotel and motel facilities for lodging which also may provide meals, provided that such facilities are constructed in connection with and adjacent to convention, sports, or trade show facilities. 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 14, 1981. SERVICES FOR THE AGED STUDY COMMITTEE CREATED. No. 6 (Senate Resolution No. 7). A RESOLUTION Creating the Services for the Aged Study Committee; and for other purposes. WHEREAS, House Resolution 494-1306 of the regular 1980 session of the Georgia General Assembly created a Services for the Aged Study Committee to function during 1980; and WHEREAS, the Services for the Aged Study Committee during 1980 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
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WHEREAS, members of the Services for the Aged Study Committee recognized that the committee work during 1980 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 1980, 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, 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, plans submitted to the committee dealing with coordinated transportation services for the elderly and with a comprehensive state plan for the elderly provide a needed data base upon which can be established a more adequate program for the aged of the state; but implementation of such a program requires continued oversight by the committee; 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.
Page 1460
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 President of the Senate shall appoint the chairman of the committee, and the Speaker of the House of Representatives 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, to determine the best manner to implement the comprehensive plans submitted to the committee, and to study budget proposals necessary to improve on existing services and to implement such improved services. The 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 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 December 15, 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 14, 1981.
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LAND CONVEYANCE TO UNITED STATES GOVERNMENT AUTHORIZED. No. 8 (Senate Resolution No. 31). A RESOLUTION Authorizing the State of Georgia, acting by and through the State Properties Commission, to convey to the United States Government certain tracts and parcels of State-owned property; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the United States Corps of Engineers is erecting on the Savannah River the Richard B. Russell Dam and Lake Project, a dam which, when completed, will inundate certain islands within the Savannah River owned by the State of Georgia; and WHEREAS, those islands are more particularly described as follows: TRACT NO: 2003-1 All that land, being island No. 55, situate in the 1114th G. M. District, Hart County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows: All that

island, the center of which is at coordinate value N 1,580,850 feet and E 308,100 feet, being 425 feet long and 115 feet wide, and containing 1.15 acres, more or less. TRACT NO: 2003-2 All that land, being Brooks Island No-53, situate in the 1114th G. M. District, Hart County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows: All of Brooks Island, the center of which is at coordinate value N 1,578,850 feet and E 310,350 feet, being 2300 feet long and 355 feet wide, and containing 18.82 acres, more or less. TRACT NO: 2003-3 All that land, being island No. 49, situate in the 199th G. M. District, Elbert County, Georgia, being bound on all sides by the
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Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,558,000 feet and E 319,900 feet, being 500 feet long and 120 feet wide, and containing 1.38 acres, more or less. TRACT.NO: 2003-4 All that land, being island No. 48, situate in the 199th G. M. District, Elbert County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,557,000 feet and E 319,700 feet, being 275 feet long and 100 feet wide, and containing 0.69 acre, more or less. TRACT NO: 2003-5 All that land, being island No. 44, situate in the 199th G. M. District, Elbert County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,553,400 feet and E 323,600 feet, being 620 feet long and 160 feet wide, and containing 2.30 acres, more or less. TRACT 2003-6 All that land, being island No. 42, situate in the 199th G. M. District, Elbert County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,550,000 feet and E 324,200 feet, being 500 feet long and 100 feet wide, and containing 1.15 acres, more or less. TRACT 2003-7 All that land, being island No. 41, situate in the 199th G. M. District, Elbert County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows:
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All that island, the center of which is at coordinate value N 1,546,900 feet and E 325,440 feet, being 750 feet long and 230 feet wide, and containing 3.90 acres, more or less. TRACT 2003-8 All that land, being island No. 40, situate in the 199th G. M. District, Elbert County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,545,750 feet and E 325,500 feet, being 900 feet long and 280 feet wide, and containing 5.74 acres, more or less. TRACT 2003-9 All that land, being island No. 39, situate in the 199th G. M. District, Elbert County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,545,200 feet and E 324,600 feet, being 840 feet long and 335 feet wide, and containing 6.43 acres, more or less. TRACT 2003-10 All that land, being island No. 36, situate in the 199th G. M. District, Elbert County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,532,000 feet and E 326,300 feet, being 200 feet long and 75 feet wide, and containing 0.34 acre, more or less. TRACT 2003-11 All that land, being island No. 35, situate in the 199th G. M. District, Elbert County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,531,800 feet and E 325,800 feet, being 360 feet long and 80 feet wide, and containing 0.69 acre, more or less.
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TRACT 2003-12 All that land, being island No. 34, situate in the 199th G. M. District, Elbert County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,531,700 feet and E 326,000 feet, being 160 feet long and 50 feet wide, and containing 0.17 acre, more or less. TRACT 2003-13 All that land, being island No. 33, situate in the 199th G. M. District, Elbert County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,531,780 feet and E 326,250 feet, being 80 feet long and 30 feet wide, and containing 0.04 acre, more or less. TRACT 2003-14 All that land, being island No. 32, situate in the 199th G. M. District, Elbert, County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,531,400 feet and E 326,200 feet, being 540 feet long and 140 feet wide, and containing 1.72 acres, more or less. TRACT 2003-15 All that land, being island No. 31, situate in the 195th G. M. District, Elbert County, Georgia, being bound on all sides by the Savannah River

and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,495,050 feet and E 349,325 feet, being 300 feet long and 40 feet wide, and containing 0.28 acre, more or less. TRACT 2003-16 All that land, being island No. 30, situate in the 195th G. M. District, Elbert County, Georgia, being bound on all sides by the
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Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,494,860 feet and E 349,275 feet, being 250 feet long and 45 feet wide, and containing 0.23 acre, more or less. TRACT 2003-17 All that land, being island No. 29, situate in the 195th G. M. District, Elbert County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,494,600 feet and E 349,450 feet, being 150 feet long and 30 feet wide, and containing 0.10 acre, more or less. TRACT 2003-18 All that land, being island No. 28, situate in the 195th G. M. District, Elbert County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,494,700 feet and E 349,475 feet, being 300 feet long and 40 feet wide, and containing 0.28 acre, more or less. TRACT 2003-19 All that land, being island No. 27, situate in the 195th G. M. District, Elbert County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,494,750 feet and E 349,550 feet, being 150 feet long and 25 feet wide, and containing 0.07 acre, more or less. TRACT 2003-20 All that land, being island No. 26, situate in the 195th G. M. District, Elbert County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows:
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All that island, the center of which is at coordinate value N 1,494,760 feet and E 349,650 feet, being 240 feet long and 65 feet wide, and containing 0.39 acre, more or less. TRACT 2003-21 All that land, being island No. 25, situate in the 195th G. M. District, Elbert County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,494,560 feet and E 349,720 feet, being 180 feet long and 50 feet wide, and containing 0.23 acre, more or less. TRACT 2003-22 All that land, being island No. 24, situate in the 195th G. M. District, Elbert County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,494,550 feet and E 349,800 feet, being 100 feet long and 40 feet wide, and containing 0.09 acre, more or less. TRACT 2003-23 All that land, being island No. 23, situate in the 195th G. M. District, Elbert County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,494,370 feet and E 349,675 feet, being 60 feet long and 25 feet wide, and containing 0.02 acre, more or less. TRACT 2003-24 All that land, being island No. 22, situate in the 195th G. M. District, Elbert County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,494,300 feet and E 349,700 feet, being 40 feet long and 25 feet wide, and containing 0.02 acre, more or less.
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TRACT NO: 2003-25 All that land, being island No. 21, situate in the 195th G. M. District, Elbert County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,494,315 feet and E 349,660 feet, being 40 feet long and 15 feet wide, and containing 0.01 acre, more or less. TRACT 2003-26 All that land, being island No. 20, situate in the 195th G. M. District, Elbert County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,494,310 feet and E 349,600 feet, being 80 feet long and 30 feet wide, and containing 0.07 acre, more or less. TRACT 2003-27 All that land, being island No. 19, situate in the 195th G. M. District, Elbert County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,494,360 feet and E 349,540 feet, being 90 feet long and 50 feet wide, and containing 0.11 acre, more or less. TRACT 2003-28 All that land, being island No. 18, situate in the 195th G. M. District, Elbert County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,493,825 feet and E 349,700 feet, being 450 feet long and 110 feet wide, and containing 1.15 acres, more or less. TRACT 2003-29 All that land, being island No. 16, situate in the 195th G. M. District, Elbert County, Georgia, being

bound on all sides by the
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Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,484,750 feet and E 353,580 feet, being 175 feet long and 60 feet wide, and containing 0.26 acre, more or less. TRACT 2003-30 All that land, being island No. 15, situate in the 195th G. M. District, Elbert County, Georgia, being bound on all sides by the Savannah River and being more particularly described as follows: All that island, the center of which is at coordinate value N 1,484,350 feet and E 353,550 feet, being 610 feet long and 130 feet wide, and containing 1.84 acres, more or less; and WHEREAS, the above-described bearings and coordinates are based on Georgia Plane Coordinate System, East Zone; and WHEREAS, the above-described tracts of land contain forty-nine and sixty-seven hundredths (49.67) acres and the fair market value determined by an appraisal is $16,420. 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 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 (49.67 acres) to the United States Government by sale for a consideration of Sixteen Thousand, Four Hundred Twenty Dollars ($16,420) 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. Section 5. That all laws and parts of laws in conflict with this Resolution are hereby repealed. Approved April 14, 1981. STATEMENT OF PUBLIC POLICY TOWARD HOUSING, ETC. FOR HANDICAPPED CITIZENS. No. 9 (Senate Resolution No. 54). A RESOLUTION Stating the public policy of the state relative to housing and other matters for handicapped citizens; and for other purposes. WHEREAS, the State of Georgia has enacted laws providing easier access to public buildings and facilities by handicapped citizens, but this alone will not assure handicapped persons of their full rights of citizenship; and WHEREAS, it should be the public policy of this state to assure equal opportunity to all handicapped individuals in all matters, particularly in the area of housing accommodations; and WHEREAS, many handicapped citizens of this state are unable to live in conventional singlefamily homes because of the nature of their handicaps; and WHEREAS, it should be the public policy of this state to provide ways and means to enable its handicapped citizens to live as nearly like other Georgians as possible, and all political subdivisions of this state should likewise adopt similar policies; and
Page 1470
WHEREAS, there should be no discrimination against handicapped persons either in housing or in any other matter, and if necessary the constitutional provisions, laws, ordinances, and resolutions should be changed pursuant to such policies. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body declares it to be the public policy of this state that there should be no discrimination against handicapped persons and that the laws of this state and the ordinances and resolutions of political subdivisions of this state should be enacted, adopted, and promulgated with a view towards making it as easy as possible for handicapped persons to live in a manner similar to other citizens of this state with particular emphasis on residences for handicapped citizens. BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this resolution to the Department of Human Resources, and said department is requested to distribute copies of this resolution to the governing authorities of the municipalities and counties of this state. Approved April 14, 1981. GENERAL ASSEMBLY'S COMMITMENT TO PROGRAM OF MERCER UNIVERSITY SCHOOL OF MEDICINE. No. 10 (Senate Resolution No. 60). A RESOLUTION Reaffirming the commitment of the General Assembly to the mission and program of the Mercer University School of Medicine; and for other purposes. WHEREAS, there exists in the rural areas of this state a tragic inadequacy of medical care primarily brought about by scarcity and poor geographic distribution of primary-care physicians; and
Page 1471

WHEREAS, this medically underserved area has the highest mortality and morbidity indicators in the state, the highest infant mortality rate in the state, and a greater incidence of heart disease, cancer, stroke, and vehicular accidents than any other area of the state; and WHEREAS, of the 72 counties included within this medically underserved area, 14 counties are entirely without a primary-care physician and the remainder are served by fewer than 350 physicians out of a statewide total of almost 7,000; and WHEREAS, without active governmental and professional commitment to remedy this tragic circumstance, the problems of these rural areas will grow even more severe as indicated by the fact that the average age of a physician serving this area is 55 years and that over 10 percent of the physicians are older than 65 years; and WHEREAS, the Mercer University School of Medicine is a community-based medical school which will begin student training in the fall of this year for the purpose of graduating highly qualified primary-care physicians and, through a process of selection and training, locating these physicians in the medically underserved areas of this state; and WHEREAS, the Mercer University School of Medicine has demonstrated its clear intent and mission to recruit students who have personal and vocational commitments to the rural areas of this state and has developed its educational and research programs so as to stress the acquisition of knowledge, skills, and attitudes necessary for serving the total health needs of all medically needy persons in the rural areas of this state; and WHEREAS, although operated by a private educational institution, the Mercer University School of Medicine has received encouragement and support from this state through a $5 million grant, from the City of Macon through the issuance for construction of $7 million in general obligation bonds, and from Bibb County and the United States government through assistance in providing resources and in making appropriate arrangements; and WHEREAS, Mercer University has accepted the responsibility of raising private and federal funds to reduce the dependency of the School of Medicine from state revenue for operating expenses; and
Page 1472
WHEREAS, the mission and program of the Mercer University School of Medicine in providing primary-care physicians for the underserved rural areas of this state is highly commendable and should be further supported and encouraged by this state and the appropriate public agencies and subdivisions of this state. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the commitment of this General Assembly and this state to the mission and program of the Mercer University School of Medicine is hereby reaffirmed and that this body further reaffirms its intention to provide funding from time to time as may be reasonably necessary for the continuing success of the Mercer University School of Medicine's program to provide an adequate number of primary-care physicians and improved graduate education programs for primary-care physicians so as to assure adequate medical care and a better quality of life for all residents of this state. BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit appropriate copies of this resolution to the President of Mercer University and the Dean of the Mercer University School of Medicine. Approved April 14, 1981. GEORGIA SEMIQUINCENTENARY COMMISSION CREATED. No. 11 (Senate Resolution No. 63). A RESOLUTION Creating the Georgia Semiquincentenary Commission; and for other purposes. WHEREAS, General James Edward Oglethorpe founded Georgia as a British Colony in 1733; and
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WHEREAS, the first group of 100 settlers, led by Oglethorpe, arrived in February, 1733, and established a settlement called Savannah about 18 miles upstream on the Savannah River; and WHEREAS, Georgia was the youngest of the 13 original colonies when the American Revolution began; and WHEREAS, Georgians were among the leaders in the drive for national independence; and Georgia, in 1788, was the fourth state to ratify the Constitution of the United States; and WHEREAS, Georgia's population has grown from 82,548 in 1790 to over 5 million in 1981; and WHEREAS, it is only fitting and proper that we celebrate the two hundred and fiftieth anniversary of the founding of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Georgia Semiquincentenary Commission to be composed of 25 members. Five members shall be appointed by the Governor, ten members shall be appointed by the Speaker of the House, and ten members shall be appointed by the President of the Senate. At its initial meeting, the commission shall elect from among its membership a chairman, a vicechairman, and a secretary. Vacancies on the commission shall be filled in the same manner in which the original appointments were made. It shall be the duty of the commission to cooperate with local groups to prepare an overall program for commemorating the two hundred and fiftieth anniversary of the founding of Georgia and to plan, encourage, develop, and coordinate observances and activities commemorating the historic events associated with such momentous occasion. The commission shall promote and assist in the publicizing of the historical events surrounding the founding of Georgia and may prepare and furnish historical material to individuals, organizations, or agencies charged with such

publicity. The commission is hereby authorized and empowered to accept grants or gifts from the federal government; the state government; any county, municipal, or local government; any board, bureau, other commission, agency, authority, or establishment of any such government; or from any individual, group of individuals, or any other organization, public or private; and shall have the authority to hold, invest, reinvest, and disburse such grants and gifts and the income derived from such grants and gifts in carrying out the objectives and purposes of the commission and shall
Page 1474
not be required to pay such grants and gifts or the income derived therefrom into the general fund of the state treasury. The commission shall be authorized and empowered to make such rules and regulations and perform such other activities as shall be necessary or appropriate in carrying out the purposes and duties of the commission. In its planning, the commission shall give special emphasis to the Georgians who played important parts in the development and growth of our state and special emphasis on Savannah, the site of the first settlement. The commission may make a report of its activities to the Governor and the General Assembly with any recommendations it may wish to make from time to time. The commission 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, to perform its duties, and to effectuate the purposes of this resolution. The members of the commission shall receive no compensation for their service; however, in adopting an operating budget, they may provide for reimbursement of actual expenses incurred during such service said expenses not to exceed the allowance allowed members of the Georgia General Assembly. The funds necessary to carry out the provisions of this resolution shall be raised from the private sector or from such appropriations as may be made by the legislative branch of government. The commission shall stand abolished on January 1, 1984. Approved April 14, 1981. LAND CONVEYANCE IN CAMDEN COUNTY AUTHORIZED. No. 12 (Senate Resolution No. 66). 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; and for other purposes.
Page 1475
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 (hereinafter sometimes called said real property), which is presently under the custody of the Department of Natural Resources, comprises approximately 69.18 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 Mills (formerly known as Santa Maria State Park) together with those tracts or parcels of land now being used as the right-of-way of Kings Bay Road, and containing in the aggregate 69.18 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 No. 40 spur; then proceed S 01 14' E a distance of 500.58 feet more or less along the westerly right-ofway line of State Route No. 40 Spur to an iron pin, said iron pin being the true POINT OF BEGINNING; thence running N 88 56' W a distance of 1497.83 feet to a concrete marker; thence running N 00 43' W a distance of 1998.90 feet to a concrete marker; thence running N 88 27' E a distance of 1478.54 feet to an iron pin on the westerly right-of-way line of State Route No. 40 Spur; thence running S 01 14' E a distance of 2066.67 feet to the POINT OF BEGINNING. Said property is further described in a plat labeled Plat of Santa Maria State Park compiled by Rufus L. Dasher, Ga. Registered Land Surveyor No. 1346, dated April 10, 1980 and revised November 14, 1980 by the Georgia Department of Transportation, which plat is on file with the Department of Natural Resources and with the Georgia Department of Transportation; and WHEREAS, all of said real property is no longer needed by the Department of Natural Resources or the State of Georgia, and is therefore surplus property; and WHEREAS, the Georgia Department of Transportation is desirous of obtaining approximately 4.46 acres of said real property being used as a right-of-way for Kings Bay Road and approximately.743 of one acre of said real property for an additional right-of-way for Kings Bay Road and State Route No. 40 Spur, as shown on the aforementioned plat of survey compiled by Rufus L. Dasher; and
Page 1476
WHEREAS, Camden County is desirous of obtaining the portion of said real property which is not desired by the Georgia Department of Transportation as set out in the paragraph above, for park, recreation, and related purposes beneficial to the public. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia, acting by and through the State Properties Commission, is hereby authorized and empowered to convey by Quitclaim Deed to the Georgia Department of Transportation that portion of said

real property which it desires to obtain as set out hereinabove and to convey by Quitclaim Deed to Camden County, Georgia, the remainder of said real property, subject to the following stipulations: (1) that the consideration for the portion of said real property to be conveyed to Camden County, Georgia, shall be the sum of TEN AND NO/100 DOLLARS ($10.00); and (2) that the consideration for the portion of 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 conveyances of said real property shall be upon such other terms and conditions as shall be prescribed by the State Properties Commission. Section 2 . That for purposes of compliance with the provisions of Ga. Laws 1970, pp. 672, 675 [Ga. Code Ann. 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 labeled Plat of Santa Maria State Park, compiled by Rufus L. Dasher, Ga. Registered Land Surveyor No. 1346, dated April 10, 1980 and revised November 14, 1980 by the Georgia Department of Transportation, currently on file with the Department of Natural Resources and the Georgia Department of Transportation, shall constitute an acceptable plat for filing with the Secretary of State.
Page 1477
Section 3 . That this Resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval. Approved April 14, 1981. LAND CONVEYANCE TO CITY OF ATLANTA AUTHORIZED. No. 13 (Senate Resolution No. 76). A RESOLUTION Authorizing the State of Georgia, acting by and through its State Properties Commission, to convey to the City of Atlanta, Georgia real property necessary for the widening by the City of Atlanta of Mangum Street; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia, acting by and through its Department of Industry and Trade, which in turn is acting by and through the Geo. L. Smith II Georgia World Congress Center Authority, is in the process of acquiring certain tracts of real property in the City of Atlanta, Fulton County, Georgia, located between Mayes Street on the North, Elliott Street on the East, International Boulevard on the South and Mangum Street on the West, for the public purposes of the expansion of the Geo. L. Smith II Georgia World Congress Center; and WHEREAS, it will be necessary for the State of Georgia to request that the City of Atlanta close those public streets between Mayes Street on the North, the western right-of-way line of the Southern Railroad main line right-of-way on the East, International Boulevard on the South and Mangum Street on the West, which are known as Foundry Street, Newton Street, Thurmond Street and Elliott Street and to acquire all rights, title and interests of the City of Atlanta in and to said streets and the real property upon which they are located; and
Page 1478
WHEREAS, the City of Atlanta desires to widen Mangum Street from International Boulevard to Mayes Street; and WHEREAS, the State of Georgia now owns or will acquire the real property along the present East right-of-way line of Mangum Street between International Boulevard and Mayes Street, a portion of which real property will be needed by the City of Atlanta as permanent right-of-way for a widened Mangum Street; and WHEREAS, the widening of Mangum Street would facilitate the flow of traffic to and from the expanded Geo. L. Smith II Georgia World Congress Center and thereby benefit the State of Georgia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of certain real property in the City of Atlanta in Land Lot 83 of the 14th Land District of Fulton County, Georgia which real property fronts on the present East right-of-way line of Mangum Street and that the State of Georgia, acting by and through its Department of Industry and Trade, which is acting through the Geo. L. Smith II Georgia World Congress Center Authority, is in the process of acquiring all of the other real property fronting on the present East right-of-way line of Mangum Street between International Boulevard and Mayes Street, all for the public purpose of the expansion of the Geo. L. Smith II Georgia World Congress Center. Section 2. That the City of Atlanta desires to widen Mangum Street and in order to do so the City of Atlanta will need to acquire portions of the aforesaid State owned and to be acquired real properties for the East right-of-way of a widened Mangum Street. Section 3. That, in order to construct the expansion of the Geo. L. Smith II Georgia World Congress Center, it will be necessary for the City of Atlanta to close the public streets between Mayes Street on the North, the western right-of-way line of the Southern Railroad main line right-of-way on the East, International Boulevard on the South and Mangum Street on the West, to-wit, Foundry Street, Newton Street, Thurmond Street and Elliott Street, and for the State of Georgia to acquire all of the rights, title and interests of the City of Atlanta in and to the closed streets and the real property upon which they are located.
Page 1479

Section 4. That the State of Georgia, acting by and through its State Properties Commission, is hereby authorized, in exchange for the closing of the aforesaid named streets by the City of Atlanta and the conveyance by the City of Atlanta to the State of Georgia of all of the City's rights, title and interests in and to said closed streets and the real property upon which they are located, to convey, upon such terms and conditions as the Commission deems to be in the best interests of the State of Georgia, to the City of Atlanta such portions of the real property fronting on the present East right-of-way line of Mangum Street which the State has thus far and will hereafter acquire for the expansion of the Geo. L. Smith II Georgia World Congress Center as is reasonably necessary for the permanent right-of-way of a widened Mangum Street, and, if and to the extent that the area for the same may be available and not then needed by the State as a part of the project site of the expansion of the Geo. L. Smith II Georgia World Congress Center, to grant, in the form of one or more temporary construction licenses or easements, such portion of the aforesaid State owned real property as the City of Atlanta may need for temporary construction purposes in connection with the widening of Mangum Street. Section 5. That the herein authorized conveyances shall be made according to plats of a survey prepared for the State of Georgia and approved by the State Properties Commission and the form and content of all instruments used in the conveyances shall be subject to the approval of the State Properties Commission. 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 April 14, 1981.
Page 1480
STATE AND THE ARTS JOINT STUDY COMMITTEE CREATED. No. 14 (Senate Resolution No. 80). A RESOLUTION Creating the State and the Arts Joint Study Committee; and for other purposes. WHEREAS, excellence in the arts is vital to the welfare and best interests of all citizens of the State of Georgia; and WHEREAS, cultural and artistic resources play a crucial role in attracting new business, industry, and investment to Georgia; and WHEREAS, the arts are an important attraction for tourists and an essential element in encouraging visitors to remain longer in Georgia; and WHEREAS, Georgia's artists, symphonies, museums, operas, dance companies, galleries, and theaters provide unique and superb programs for the citizens of Georgia and for many tourists who visit our state; and WHEREAS, artists and arts organizations historically have been financially hard pressed to provide the many creative programs so essential to our state's welfare and prosperity; and WHEREAS, it is only fitting and proper that the General Assembly of Georgia conduct an investigation into the needs of these people and organizations and of their importance to the future of the State of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the State and the Arts Joint Study Committee to be composed of four members of the Senate appointed by the President of the Senate and four members of the House of Representatives appointed by the Speaker of the House of Representatives. The chairman of the committee shall be appointed by the President of the Senate, and the vice chairman of the committee shall be appointed by the Speaker of the House of Representatives.
Page 1481
BE IT FURTHER RESOLVED that 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 efficiently its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Each legislative member of the committee shall receive for his service on the committee the expenses and allowances authorized by law for members of interim legislative committees. The committee shall meet for no more than ten days. Funds necessary to carry out the provisions of this resolution, except as otherwise 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, 1981, at which time the committee shall stand abolished. Approved April 14, 1981. DRUG AND NARCOTIC ABUSE JOINT STUDY COMMITTEE CREATED. No. 15 (Senate Resolution No. 85). A RESOLUTION Creating the Joint Study Committee on Drug and Narcotic Abuse; and for other purposes. WHEREAS, there is no area of criminal activity which has affected the lives of the citizens of this state in the last several years more than the area of drug and narcotic abuse; and WHEREAS, there has been no dedicated and comprehensive national policy dealing with the problem of drug abuse; and WHEREAS, the State of Georgia has the opportunity to be on the forefront of having a well-defined, streamlined drug and narcotic law enforcement program for the state; and
Page 1482
WHEREAS, the goal of improved law enforcement in this area requires coordinated effort on the part of local law enforcement agencies, state law enforcement agencies, the judicial branch, the Senate, and the House of Representatives.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Joint Study Committee on Drug and Narcotic Abuse to be composed of five members of the Senate appointed by the Lieutenant Governor and five members of the House appointed by the Speaker of the House. BE IT FURTHER RESOLVED that the members of said committee shall be authorized to request one member from each of the following organizations or offices to participate in the study of the committee: the Georgia Police Chiefs' Association; the Georgia Sheriffs' Association, the Drug Enforcement Administration, the Georgia Bureau of Investigation, the District Attorneys' Association, the Office of the Governor, the Department of Public Safety, and a judge of one of the superior courts in this state. BE IT FURTHER RESOLVED that the committee shall undertake a comprehensive study of the problem of drug and narcotic abuse in this state, with special emphasis on the improvement of law enforcement in this area, and shall recommend changes required to alleviate this problem. 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 but shall receive the same for not more than 15 days. The funds necessary to carry out the provision 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, no later than December 31, 1981, at which time the committee shall stand abolished. Approved April 14, 1981.
Page 1483
GENERAL ASSEMBLY'S COMMITMENT TO PROGRAM OF MOREHOUSE SCHOOL OF MEDICINE. No. 16 (Senate Resolution No. 95). A RESOLUTION Reaffirming the commitment of the General Assembly to the mission and program of the Morehouse School of Medicine; and for other purposes. WHEREAS, there is a medical care crisis in Georgia, due to a shortage of primary care physicians in rural areas and inner cities of our State; and WHEREAS, some thirty percent (30%) of Georgia's citizens are black, but less than three percent (3%) of the physicians in Georgia are black; and WHEREAS, the life expectancy of Georgia's black citizens is some 6 to 8 years less than that of Georgia's white citizens, and the incidence of maternal and infant mortality is higher among blacks than among whites; and WHEREAS, with the $5.0 million previously granted to Morehouse by the Georgia General Assembly, the Morehouse School of Medicine has already been successful in obtaining almost $11.0 million in support from the federal government and almost $4.0 million from other sources; and WHEREAS, the Morehouse School of Medicine has been successful in obtaining federal legislation which guarantees ongoing federal support under a new Federal Challenge Program based upon matching support from State and other sources; and WHEREAS, the Morehouse School of Medicine has enrolled 61 Georgia residents over the past three years and is educating them for careers as primary care physicians; and WHEREAS, the Morehouse School of Medicine must develop into a four-year medical school as mandated by the accrediting committee; and
Page 1484
WHEREAS, the Graduate Medical Education National Advisory Committee (GMENAC), in predicting a future surplus of physicians, specifically noted the continued acute shortage of minority physicians and stated in its report that, care should be taken to assure that programs to increase the representation of minority groups in medicine are not thwarted; and WHEREAS, the Carnegie Council has stated that special consideration should be given to support for the Morehouse School of Medicine; and WHEREAS, the Morehouse School of Medicine is committed to training primary care physicians to work in the underserved rural areas and inner cities of Georgia; and WHEREAS, the Morehouse School of Medicine has been accredited by the Liaison Committee on Medical Education, the official medical school accrediting agency; and WHEREAS, the Medical Association of Georgia and the Georgia State Medical Association have endorsed the Morehouse School of Medicine and have passed resolutions urging continued and increased financial support for the institution; and WHEREAS, the mission, the program and the accomplishments of the Morehouse School of Medicine are highly commendable and should be further supported and encouraged by the State and the appropriate public agencies and subdivisions of the State. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the commitment of this General Assembly and this State to the mission and program of the Morehouse School of Medicine is hereby reaffirmed and that this body further reaffirms its intention to provide funding from time to time as may be reasonably necessary for the continuing success of the Morehouse School of Medicine's program to provide an adequate number of primary care physicians so as to assure adequate medical care and a better quality of life for all residents of this State. BE IT FURTHER RESOLVED that it is the intention of the General Assembly that the State of Georgia shall provide no more than 50 percent of the total operating cost, including grants that might be made for

capitation, to the Morehouse School of Medicine
Page 1485
and that quarterly expenditure reports and certified annual audits shall be provided to the State Auditor and to the General Assembly on a timely basis. BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit appropriate copies of this resolution to the President of Morehouse College and the Dean of the Morehouse School of Medicine. Approved April 14, 1981. CONVEYANCE OF C.S.S. GEORGIA TO UNITED STATES DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS AUTHORIZED. No. 17 (Senate Resolution No. 106). A RESOLUTION Authorizing the conveyance of certain State owned personal property located within Chatham County, Georgia, to the United States Department of the Army, Corps of Engineers; and for other purposes. WHEREAS, the Corps of Engineers is presently conducting a harbor and stream improvement project on the Savannah River; and WHEREAS, the remains of the Confederate ironclad warship C.S.S. Georgia have been located in the vicinity of the project area; and WHEREAS, said vessel is of great historical significance because of its design feature as an armor plated warship and of the role it played in the defense of the City of Savannah and the coast of Georgia during the War Between the States; and WHEREAS, the Corps of Engineers has responsibility for the protection of the C.S.S. Georgia according to requirements stated in P.L. 89-655, as amended; and
Page 1486
WHEREAS, the Corps of Engineers has expressed the need to investigate the feasibility of salvaging the vessel; and WHEREAS, the Corps of Engineers has the necessary technical expertise and equipment to undertake the salvage of the C.S.S. Georgia and the State of Georgia does not have this capability; and WHEREAS, questions regarding the ownership of the C.S.S. Georgia need to be resolved, so that the Corps of Engineers can proceed with the salvage operation because of legal constraints on funding federal projects to recover private property. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Department of Natural Resources by its Commissioner, acting for, and on behalf, and in the name of the State of Georgia, is hereby authorized to convey by appropriate instrument, the State's claim of ownership to the C.S.S. Georgia, subject to the following stipulations. (1) that said property shall be conveyed to the United States Department of the Army, Corps of Engineers, for a consideration of ONE DOLLAR ($1.00); (2) that the conveyance of the property shall be upon such terms and conditions as shall be prescribed by the Department of Natural Resources including but not limited to: (a) National Register eligibility, project effects, and mitigation strategies determined by the Corps of Engineers as a federal agency in accordance with Advisory Council Regulations (36 CFR 800), (b) Assumption by the Corps of Engineers of all management responsibilities for the C.S.S. Georgia including total financial responsibility for the salvage, restoration and maintenance of the vessel, and (c) Assurance by the Corps of Engineers to the State of Georgia that the best efforts will be used to preserve and protect the historical significance of the C.S.S. Georgia for all of the people of Georgia and the United States while taking into consideration the public interest of the people of Georgia and the United States in the development of Savannah harbor. Approved April 14, 1981.
Page 1487
SPECIAL STUDY COMMISSION ON MENTAL HEALTH CREATED. No. 18 (Senate Resolution No. 109). A RESOLUTION Creating the Special Study Commission on Mental Health; and for other purposes. WHEREAS, the mental health system of Georgia has been the subject of examination by the Senate Human Resources Committee, the House Health and Ecology Committee, and a subcommittee of the Senate Special Judiciary Committee during 1980; and WHEREAS, all who have studied the mental health system have heard of numerous certain alleged deficiencies and instances of patient abuse; and WHEREAS, the mental health system of this state is in dire need of further examination. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that there is hereby created the Special Study Commission on Mental Health to be composed of ten members as follows: (1) Three members of the Senate to be appointed by the President of the Senate; (2) Three members of the House of Representatives to be appointed by the Speaker; and (3) Four citizens from the public at large who shall be appointed by the Governor.
Page 1488
The chairman shall be elected by the legislative members of the commission at the commission's first meeting. The Commissioner of the Department of Human Resources or his or her designee shall serve as an ex officio member of the

commission. The commission shall meet upon the call of the chairman. BE IT FURTHER RESOLVED that the Department of Human Resources is authorized to furnish such assistance to the commission as the commission deems appropriate. State officials and employees assisting the commission 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 commission. The funds necessary for the reimbursement of the officials and employees shall come from funds appropriated or otherwise available to the Department. BE IT FURTHER RESOLVED that the commission is authorized to study and review the existing mental health care delivery system and the means by which service delivery can be improved, patient rights can be protected, and management of the system can be enhanced. The commission is further authorized to prepare legislation necessary to improve the delivery system and to study budget proposals necessary to improve the existing health delivery system. The commission is further authorized to conduct field hearings at such places and at such times as it considers expedient to insure the effective and efficient delivery of quality mental health care to the citizens of Georgia 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 commission is further authorized to create subcommittees to investigate particular problem areas. Each legislative member and each citizen shall receive for his service on the commission the expenses and allowances authorized by law for members of interim legislative committees, but no member of the commission shall receive the same for more than 10 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 commission shall make a report of its findings and recommendations to the General Assembly on or before December 15, 1981, at which time the commission shall stand abolished. Approved April 14, 1981.
Page 1489
EASEMENT TO CITY OF WINDER AUTHORIZED. No. 19 (Senate Resolution No. 111). A RESOLUTION Authorizing the State of Georgia, acting by and through the State Properties Commission, to release and convey to the City of Winder an easement in certain State-owned property located within Barrow County, Georgia, to the City of Winder; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property within Barrow County; and WHEREAS, said real property is now administered by the Department of Natural Resources as a portion of Fort Yargo State Park and is more particularly described as follows: All that tract or parcel of land lying and being in the City of Winder, and being property to be utilized for an extension of Second Street within the City Limits of the City of Winder and partially within property owned by the State of Georgia's Department of Parks and more particularly described as follows: To find the point of beginning, commence at the intersection of the southwestern boundary of Maynard Street and the southwestern right-of-way of existing Second Street and from the said southwestern intersection of Maynard Street and Second Street, thence along the southwestern boundary of Second Street, south 51 degrees 29 minutes East 390.91 feet to a point; thence South 38 degrees 31 minutes West 10 feet to a point; thence South 47 degrees 17 minutes East 154.83 feet to a point continuing South 37 degrees 42 minutes East 154.53 feet to a point; thence South 32 degrees 54 minutes East 454.87 feet to a point; thence South 33 degrees 48 minutes East 180.1 feet to a point; thence South 35 degrees 35 minutes East 180.1 feet to a point; thence South 36 degrees 29 minutes East 308.69 feet to a point;
Page 1490
thence South 36 degrees 29 minutes East 2246.93 feet to a point on the Northwesterly boundary of the right-of-way of Georgia State Highway NO. 11; thence along said boundary North 10 degrees 18 minutes East 113.21 feet to a point on said roadway (rock located at said point) thence North 36 degrees 44 minutes West 369.9 feet to a point; thence North 34 degrees 39 minutes West 326.07 feet to a point; thence North 37 degrees 55 minutes West 1244.39 feet to an iron pin; thence North 36 degrees 29 minutes West 206 feet to an iron pin; thence North 36 degrees 29 minutes West 118.7 feet to a point on the Southeastern right-of-way of Atlanta Avenue continuing thence across Atlanta Avenue North 36 degrees 29 minutes West 40.68 feet to a point; thence North 36 degrees 29 minutes West 102.52 feet to an iron pin continuing North 36 degrees 29 minutes West 70.4 feet to a point; thence North 35 degrees 35 minutes West 178.23 feet to a point; thence North 36 degrees 29 minutes West 962.9 feet to an iron pin; thence North 51 degrees 29 minutes West 165.89 feet to the point of beginning. The total area encompassed in the above and foregoing description is 5.263 acres and as an aid to description, reference is hereby made to a plat entitled Survey for City of Winder, prepared January 30, 1981, by Robert T. Black, Georgia Registered Surveyor, said plat being of record in the Office of the Clerk of the Superior Court of Barrow County, Georgia, in Plat Book 17, page 135; and WHEREAS, the City of Winder is desirous of obtaining an easement upon such property for the purpose of constructing a city street thereon as an extension of an existing city street; and WHEREAS, the above-described property is no longer needed by the Department of Natural Resources or the State

of Georgia and is therefore 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 above-described property and that in all matters relating to the conveyance of an easement in such 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 an easement in such property to the City of Winder 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.
Page 1491
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 upon its approval by the Governor or upon its becoming law without his approval. Approved April 14, 1981. CONSTRUCTION OF COVENANT AGREEMENTS WITH MACON COUNTY RECREATION COMMISSION. No. 20 (Senate Resolution No. 119). A RESOLUTION To provide for construction of certain covenant agreements made between the State Properties Commission, acting for and on behalf of the State of Georgia, and the Macon County Recreation Commission as authorized by Resolution Act No. 103 (House Resolution No. 807-2034) passed by the 1976 Regular Session of the General Assembly of the State of Georgia and approved by the Governor of the State of Georgia on March 5, 1976; and for other purposes. WHEREAS, the State Properties Commission, acting for and on behalf of the State of Georgia, did convey to the Macon County Recreation Commission approximately 504.43 acres (as authorized by the above-mentioned resolution) known as Whitewater Creek State Park; and WHEREAS, said conveyance contained a covenant which prohibited the use of said property for purposes other than public recreation; and WHEREAS, said property contains a dam site that appears to be feasible to renovate and operate as a hydroelectric generating facility; and
Page 1492
WHEREAS, Macon County and the Macon County Recreation Commission desire that the dam site be renovated and operated as a hydroelectric generating facility in that a public purpose could be attained through this proposed renovation and operation, providing electric power for many citizens in the state; and WHEREAS, no state agency or authority has any objection to the proposed hydroelectric project. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the renovation and operation of the Whitewater Creek dam site as a hydroelectric generating facility will not violate the covenant .....that no part of this premises conveyed shall at any time be used for other than public recreational purposes..... in that certain quitclaim deed dated October 15, 1976, conveyed by the State Properties Commission to the Macon County Recreation Commission. Approved April 14, 1981. EXCHANGE OF LAND WITH UNITED STATES GOVERNMENT AUTHORIZED. No. 21 (Senate Resolution No. 121). A RESOLUTION Authorizing the State of Georgia, acting by and through its State Properties Commission, to convey all or portions of certain State-owned tracts of real property located in Union, Lumpkin, Rabun and Towns Counties, Georgia to the United States of America, acting by and through its Forest Service, in exchange for the conveyance to the State of Georgia by the United States of America, acting by and through its Forest Service, of all or portions of certain tracts of real property owned by the United States of America and located in Dawson, Rabun, White and Union Counties, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
Page 1493
WHEREAS, the State of Georgia (hereinafter sometimes State) is the owner of certain tracts of real property, under the custody of its Department of Natural Resources (hereinafter sometimes DNR), located in Union, Lumpkin, Rabun and Towns Counties, Georgia; and WHEREAS, the aforesaid State-owned tracts of real property are presently being used by DNR in connection with the State facilities and/or operations at Reese Memorial, Blood Mountain, Neel's Gap, the Wildlife Management area adjacent to Moccasin Creek State Park, and Brasstown Bald; and WHEREAS, the United States of America (hereinafter sometimes United States) is the owner of certain tracts of real property, administered and managed by the Gainesville, Georgia office of the United States Forest Service (hereinafter sometimes USFS), located in Dawson, Rabun, White and Union Counties, Georgia; and WHEREAS, the State desires to obtain the fee interest in all or portions of the tracts of real property owned by the United States in order to consolidate the same with present State Park (at Amicalola Falls, Moccasin Creek, Unicoi and Vogel) properties contiguous to said tracts; and WHEREAS, the United States desires to obtain the fee interest in all or portions of the tracts of real property owned by the State in order to consolidate the same with United States-owned properties contiguous to said tracts; and WHEREAS, the acquisition by the State of all or portions of the said United States-owned tracts in exchange for all or portions of the said State-owned

tracts would be in the public interest and more particularly in the interest of the citizens of the State of Georgia. NOW, THEREFORE, BE IT HEREBY RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia, acting by and through its State Properties Commission, is hereby authorized and empowered to convey to the United States of America, acting by and through its Forest Service, all or such portions of the tracts of State-owned real property as the State Properties Commission (hereinafter sometimes SPC) shall deem to be in the best interests of the State of Georgia
Page 1494
subject to the following conditions: (1) That the conveyance of said tracts, or portions thereof, shall be in exchange for the conveyance to the State of Georgia, custody in the Department of Natural Resources, of all or portions of the aforesaid tracts of real property owned by the United States of America; (2) that the total value of the State-owned real property to be exchanged be not greater than the total value of the United States-owned real property to be acquired, as determined by DNR and confirmed by SPC; (3) that the final selection and identification of both the United States-owned and the Stateowned tracts or portions thereof to be exchanged shall be mutually agreed upon by DNR and USFS and approved by SPC, all subject to the provisions of item numbered (2) above; (4) that current surveys and recordable plats thereof and current appraisals be made of all properties to be involved in the exchange and that such surveys, plats and appraisals be mutually satisfactory to and approved by the USFS, DNR and SPC and that the expenses therefor be shared equally by the State of Georgia, acting by and through its Department of Natural Resources, and the United States of America, acting by and through its Forest Service; (5) that the title to the tracts of real property to be acquired by the State from the United States be investigated, examined and found acceptable to DNR and SPC; (6) that the cost for said title investigation and examination shall be paid by DNR; (7) that all the deeds of conveyance and any and all other instruments and documents relative to the exchange, and the plats and legal descriptions prepared therefrom be submitted to and approved by the SPC prior to the consummation of such exchange. Section 2. That this Resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval. Section 3. That all laws and parts of laws in conflict with this Resolution are hereby repealed. Approved April 14, 1981.
Page 1495
EXECUTIVE BRANCH URGED TO CONTINUE JAIL-PRISON OVERCROWDING STUDY EFFORT. No. 22 (Senate Resolution No. 125). A RESOLUTION Relative to jail and prison overcrowding; and for other purposes. WHEREAS, the various local governments within the State of Georgia which operate jail facilities are responsible for managing and operating these facilities as effectively and as efficiently as possible, so that a sufficient number of jail bedspaces are available for holding accused offenders who must be detained pending trial and for holding sentenced offenders; and WHEREAS, prison bedspaces must also be managed as effectively and efficiently as possible, so that a sufficient number of bedspaces are available to hold convicted offenders who cannot be controlled in the community; and WHEREAS, jail and prison bedspaces are limited relative to the number of offenders who must be detained and incarcerated and, consequently, many jails and prisons are forced to hold more offenders than they are designed for; and WHEREAS, the level of jail and prison overcrowding has become an increasingly serious and widespread problem which menaces the safety and security of the public and threatens to disrupt the orderly management of jail and prison operations, in addition to placing a heavy burden on local and state governments in terms of the growing financial costs of maintaining offenders; and WHEREAS, the Jail-Prison Overcrowding Study which was recently conducted by the State Crime Commission with the assistance of representatives from local government, state government, and the criminal justice system and the general public has found that much of the jail and prison overcrowding problem is due to the difficulty that state and local governments have in controlling the number and types of offenders they must hold in their jails and prisons; and
Page 1496
WHEREAS, the Jail-Prison Overcrowding Study has recommended legislation and other measures which, if used properly and judiciously, can help the criminal justice system better manage the use of jail and prison bedspaces; and WHEREAS, the Jail-Prison Overcrowding Study has recognized that the dimensions of overcrowding and the operation of the criminal justice system must be continually monitored if the size and nature of the inmate population are to be brought permanently under control. NOW, THEREFORE, BE IT RESOLVED THAT THE GENERAL ASSEMBLY OF GEORGIA strongly encourages the executive branch of state government to continue the existence of a jail-prison overcrowding study effort, led by representatives of the entire Georgia criminal justice system, state and local

government, and the general public, for the purposes of monitoring the overcrowding problem and developing additional, necessary recommendations for reasonably controlling jail and prison populations so that they are held to a manageable size and sufficient space to hold dangerous offenders is guaranteed. Approved April 14, 1981. LAND CONVEYANCE TO CITY OF ATLANTA AUTHORIZED. No. 23 (Senate Resolution No. 129). A RESOLUTION Authorizing the conveyance to the City of Atlanta on behalf of the Georgia Building Authority and the State of Georgia of all of their respective right, title and interest in and to improved real property at 209 Pryor Street and 116 Mitchell Street in Atlanta, Fulton County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
Page 1497
WHEREAS, the Georgia Building Authority owns certain, improved real property at 209 Pryor Street, S. W., and 116 Mitchell Street, S. W., in Atlanta, Fulton County, Georgia, which real property is occupied by agencies of the Executive Branch of the State of Georgia and in which the State of Georgia may have certain rights and interests; and WHEREAS, facilities other than the improved real property at 209 Pryor Street and 116 Mitchell Street will be adequate to the needs of the State of Georgia upon the opening of the new James H. Sloppy Floyd Veterans Memorial Building; and WHEREAS, the City of Atlanta, through its Mayor, has expressed a desire to purchase said properties, which are more conveniently located to present City facilities than to present State facilities. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The Georgia Building Authority is authorized to determine terms, to contract to sell or exchange and to convey all its right, title and interest in and to: (a) the improved real property at 209 Pryor Street, S. W. in Atlanta, Fulton County, Georgia, which real property is more particularly described as a tract of land lying and being in Land Lot 77 of the 14th District of Fulton County, Georgia, in the City of Atlanta, conveyed to the State Office Building Authority (as Georgia Building Authority was then called) by the Warranty Deed of Stanford I. Makover and Sylvan A. Makover dated June 29, 1966, filed for recording in the Real Property Records of the Clerk of the Superior Court of Fulton County on June 29, 1966, and recorded there on July 5, 1966, in Deed Book 4610, Pages 288-289, and further filed and recorded in the Office of the Secretary of State on April 13, 1971, and there assigned Deed Record No. 4273. (b) the improved real property at 116 Mitchell Street, S. W. in Atlanta, Fulton County, Georgia, which real property is more particularly described as a tract of land lying and being in Land Lot 77 of the 14th District of Fulton County, Georgia, in the City of Atlanta, conveyed to the State Office Building Authority (as Georgia Building Authority was then called) by deed dated June 30, 1965, recorded at Deed Book 4441, Page 270, in the Real Property records of the
Page 1498
Clerk of the Superior Court of Fulton County, Georgia, and further recorded in the Office of the Secretary of State and there assigned Deed Record No. 3105. Section 2 . In consideration thereof the Governor is authorized and directed to convey to the City of Atlanta by quitclaim deed at the closing between the City of Atlanta and the Georgia Building Authority, for no additional consideration, all right, title and interest of the State of Georgia in and to the described real property at 209 Pryor Street, S. W. and 116 Mitchell Street, S. W. 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 14, 1981. SOUTHEASTERN RAILWAY MUSEUM. No. 24 (Senate Resolution No. 135). A RESOLUTION Designating The Southeastern Railway Museum as an official railway museum in the State of Georgia; and for other purposes. WHEREAS, The Southeastern Railway Museum located at Pleasant Hill Road and U. S. Highway 23 near Duluth in Gwinnett County is under the control of the Atlanta Chapter of the National Railway Historical Society; and WHEREAS, the Society operates excursions, i.e., The Chattanooga Choo Choo and The Autumn Leaves Special, which entertain and offer the public the exhilirating experience of traveling on a steam powered train or a diesel locomotive; and
Page 1499
WHEREAS, it is the intent of this body to preserve the history of the railroad industry for ourselves and our posterity. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby designate The Southeastern Railway Museum as an official railway museum in the State of Georgia. BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this resolution to the President of the Atlanta Chapter of the National Railway Historical Society. Approved April 14, 1981. GEORGIA ENERGY REGULATORY REFORM COMMISSION CREATED. No. 28 (House Resolution No. 31). 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 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
Page 1500
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, the commission appointed during the interim lacked sufficient time to deal adequately with these complex problems; and WHEREAS, more study is needed to determine more precisely the problems and appropriate solutions in this complicated and important area; 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) Five members of the Senate appointed by the President of the Senate.
Page 1501
(3) Five members of the House appointed by the Speaker of the House of Representatives. (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 elect a chairman and vice chairman from among its membership. The commission shall meet upon the call of the chairman. 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 is authorized to employ and compensate at least one staff person. 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. 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 no later than the convening of the 1982 regular session of the General Assembly, at which time the commission shall stand abolished.
Page 1502
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 April 14, 1981. JOINT LOCAL MENTAL HEALTH AND MENTAL RETARDATION GOVERNANCE STUDY COMMITTEE. No. 29 (House Resolution No. 45). A RESOLUTION Creating 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 county boards of health for the governance 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 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
Page 1503
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 88-615; and WHEREAS, other county boards of health have voiced concern about matters relating to local governance, local liability, and local management; and WHEREAS, the committee appointed during the interim lacked sufficient time to deal adequately with these complex issues; and WHEREAS, more study is needed to determine more precisely the problems and appropriate solutions in this important area. 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 Speaker of the House of Representatives shall appoint the chairman of the committee, and the President of the Senate shall appoint the vice chairman. 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 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
Page 1504
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 reim burses 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 1982 session of the General Assembly on or before December 15, 1981, at which time the joint committee shall stand abolished. Approved April 14, 1981. EASEMENT TO METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY AUTHORIZED. No. 30 (House Resolution No. 56). A RESOLUTION Authorizing the State of Georgia acting by and through the State Properties Commission to grant an easement in and to, and with respect to certain acts and transactions involving, certain State of Georgia-owned real property facing Peachtree Street, in the City of Atlanta, Fulton County, Georgia; providing an effective date; and for other purposes. WHEREAS, the State of Georgia (hereinafter referred to as the State) is the owner of certain improved real property which is located at 1516 Peachtree Street, N.W., in the City of Atlanta, Fulton County, Georgia, according to the present system of numbering addresses in the City of Atlanta, Georgia, and which is commonly referred to and known as the Rhodes Memorial Hall Property or
Page 1505
the State of Georgia Department of Archives and History Property (said real property being hereinafter referred to as the Archives Property); and WHEREAS, the Metropolitan Atlanta Rapid Transit Authority (hereinafter referred to as MARTA) has expressed a requirement for an easement in and to a subterranean portion of the Archives Property in connection with the construction and operation of the proposed MARTA rapid transit system; and WHEREAS, the power to deal with and dispose of State-owned real property and interests or estates therein, including the Archives Property and interests or estates therein, is vested in the General Assembly of the State of Georgia; and WHEREAS, the General

Assembly may and has heretofore delegated, by virtue of Acts and Resolutions of the General Assembly, to certain State departments, agencies, commissions and boards so much of its aforementioned power as the General Assembly in its wisdom has deemed necessary and appropriate under the circumstances in each instance. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State acting by and through the State Properties Commission (hereinafter referred to as the Commission) is hereby authorized and empowered to, without prior public competitive bidding, grant, bargain, sell and convey to MARTA, its successors and assigns, an exclusive, permanent, perpetual easement (hereinafter referred to as the Easement) in and to that portion of the Archives Property described below: ALL that tract or parcel of land lying and being in Land Lot 108 of the 17th District of Fulton County, Georgia, and being more particularly described as follows: BEGINNING at a point located on the northwest corner of an intersection formed by the westerly right-of-way line of Peachtree Street with the northerly line of property known as Rhodes Center South (said property being now or having been formerly owned by Eugene L. Pierce, Jr.), said point also being located at an iron pin found at Coordinates N1,380,732.600 and E432,785.990, 1927 Georgia Transverse Mercator Grid System, West Zone, as adjusted in 1974 for Metropolitan Atlanta Rapid Transit
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Authority and as set forth in Plat Book 107, Pages 1 through 18 of the Records of the Clerk of the Superior Court of Fulton County, Georgia; thence running westerly along the northerly line of said property now or formerly owned by Eugene L. Pierce, Jr., 45.62 feet to a point; thence running North 0422'08 West 56.23 feet to a point; thence running along the arc of a curve to the left 88.38 feet, which arc has a radius of 3896.79 feet and which arc is subtended by a chord having a bearing of North 0343'08 West and a distance of 88.38 feet, to a point located on the southerly line of property known as Rhodes Center North (said property being now or formerly owned by the State of Georgia Department of Transportation); thence running easterly along the southerly line of said property now or formerly owned by the State of Georgia Department of Transportation 40.37 feet to an iron pin found located at Coordinates N1,380,848.840 and E432,770.780, 1927 Georgia Transverse Mercator Grid System, West Zone, as adjusted in 1974 for Metropolitan Atlanta Rapid Transit Authority and as set forth in Plat Book 107, Pages 1 through 18 of the aforesaid Records; thence running southerly along said westerly right-of-way line of Peachtree Street 147.03 feet to the point of beginning. Less and except that portion of the above-described property located above 884.00 feet above U.S.C. and G.S. 1929 Adjusted Mean Sea Level (said portion of the Archives Property, as described above, being hereinafter referred to as the Easement Area), for all purposes necessary or incidental to MARTA's installation, maintenance, testing, repair, replacement, inspection and other use of subterranean facilities and equipment related to MARTA's rapid transit system, including, without limitation, all such rockbolts or other devices as may be necessary or convenient in order to support, and in order to preserve the structural integrity of, those walls, tunnels, tunnel ceilings and other subterranean rapid transit-related facilities to be constructed by MARTA beneath the surface of the land within, adjacent to or in the vicinity of the Easement Area. Section 2. The Easement shall be granted upon such terms and conditions as the Commission may deem necessary in order to preserve and protect the interests of the State and in order to preserve and protect MARTA's use and enjoyment of the Easement Area pursuant to the Easement; provided, however, that it is hereby expressly acknowledged that the grant of the Easement by the State to MARTA, being necessary and appropriate to facilitate the accomplishment
Page 1507
of MARTA's purposes as set forth in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, Ga. Laws 1965, commencing at Page 2243, as amended, is in the best interests of the State, and provided further that the Commission is therefore authorized and empowered to grant, bargain, sell and convey the Easement to MARTA for the sole consideration of the benefits to be derived by the State from MARTA's accomplishment of its aforesaid purposes. Section 3. That, in addition to the foregoing authorization with respect to the grant of the Easement, the State is hereby authorized and empowered, without the necessity of prior public competitive bidding, to act by and through the Commission with respect to such acts and transactions involving or affecting the Archives Property as are necessary or convenient, in the discretion of the Commission, to achieve the objective of satisfying, insofar as is possible consistent with the best interests of the State, the requirements of MARTA in connection with the construction and operation of the proposed MARTA rapid transit system. Section 4. That the Commission is hereby authorized and empowered to execute such written instrument(s) of conveyance as shall be necessary to effect the grant of the Easement pursuant to this Resolution and to execute such other contracts, contract amendments, instruments, and documents and to do such other acts as may be necessary or convenient in order to effect any and all acts and transactions authorized by this Resolution. Section 5. That this Resolution shall become effective immediately upon its approval by the Governor or upon its becoming law without his approval. Section 6. That all laws and parts of laws in conflict with this Resolution are hereby

repealed. Approved April 14, 1981.
Page 1508
LAND CONVEYANCE TO COLUMBIA COUNTY AUTHORIZED. No. 31 (House Resolution No. 59). A RESOLUTION Authorizing the conveyance of certain State-owned real property located in Columbia County; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located within Columbia County, Georgia; and WHEREAS, the said real property, now administered by the Georgia Forestry Commission, comprises approximately.750 acre, and is more particularly described as follows: All that tract or parcel of land lying and being in the 129th District G.M., Columbia County, Georgia, containing.750 acre, more or less, bounded on the North, East, and West by lands of Columbia County Prison Farm and bounded on the South by Georgia Highway #232, known locally as the Old Columbia Road, and being more particularly described as follows: Beginning in the center of Georgia Highway #232,.6 mile East of Highway Junction Georgia #232 and U. S. #221, over the center of highway culvert; proceed West down the center of Georgia Highway #232 for 76 feet; thence North 8 East for 75 feet to an iron pin, the point of beginning; thence North 82 West for 204.5 feet to an iron pin; thence North 7 East for 142 feet to an iron pin; thence South 84 East for 205.5 feet to an iron pin; thence South 8 West for 149 feet to an iron pin, the point of beginning.; and WHEREAS, the State of Georgia purchased the property from Columbia County in 1955 for the sum of $1 and other valuable consideration; and WHEREAS, the Georgia Forestry Commission has used such property since 1955 for public purposes; and
Page 1509
WHEREAS, Columbia County is desirous of obtaining all of the said real property; and WHEREAS, the abovedescribed 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 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 above-described real property shall be sold and conveyed by appropriate instrument to Columbia County 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. Section 5 . That all laws and parts of laws in conflict with this Resolution are hereby repealed. Approved April 14, 1981.
Page 1510
LAND CONVEYANCE TO JOSEPH PFUND. No. 32 (House Resolution No. 64). A RESOLUTION Authorizing the conveyance of certain State-owned real property located in Bartow County, Georgia, to Mr. Joseph Pfund; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in the City of Adairsville, Bartow County, Georgia; and WHEREAS, said real property is described as follows: All that certain tract or parcel of land containing.326 of one acre situate, lying and being in the City of Adairsville, Georgia, and in Land Lot 168 of the 15th District, 3rd Section, of Bartow County, Georgia, and being more particularly described as a portion of Parcel No. 4 shown on Western and Atlantic Railroad Valuation Map No. V2/32 which is filed in the Georgia Department of Archives and History, Archives and Records Building, Atlanta, Fulton County, Georgia.; and WHEREAS, the State of Georgia currently has the above-described property leased to the Louisville and Nashville Railroad Company until December 31, 1994; and WHEREAS, Mr. Joseph Pfund owns property adjoining the above-described real property; and WHEREAS, Mr. Joseph Pfund 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 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.
Page 1511

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. Section 3. That the above-described real property shall be sold and conveyed by appropriate instrument to Mr. Joseph Pfund by the State of Georgia, acting by and through the State Properties Commission, for a consideration of two thousand, two hundred and fifty dollars ($2,250) 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 and 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 14, 1981.
Page 1512
DEED OF CORRECTION TO LAND IN MURRAY COUNTY. No. 33 (House Resolution No. 65). A RESOLUTION Authorizing the State of Georgia, acting by and through its State Properties Commission, to accept a deed of correction; to provide an effective date; and for other purposes. WHEREAS, by Warranty Deed dated July 5, 1952, hereinafter referred to as the 1952 deed, the Georgia Historical Commission acquired for the State of Georgia from Dr. J. E. Bradford a parcel of improved property located in Murray County, Georgia, containing three acres, more or less, which property is the site of the Chief Vann House; and WHEREAS, by a deed dated July 9, 1970, hereinafter referred to as the 1970 deed, the State of Georgia acquired from the executors and trustees of the Estate of Dr. James E. Bradford (also known as Dr. J. E. Bradford) and from the life tenant under the Will of Dr. James E. Bradford, Mrs. Josephine Bradford, a parcel of property containing 4.93 acres, which parcel surrounds the Chief Vann House site on the north and east; and WHEREAS, said 1970 deed contains an error on the face thereof in the description of the property conveyed; and WHEREAS, a plat prepared August 15, 1979, as revised February 1, 1980, reveals that the June 8, 1967 plat from which the 1970 deed description of the property was taken and which is referenced therein was incorrect; and WHEREAS, said August 15, 1979 plat, as revised February 1, 1980, further reveals that the description of the west and south boundary lines of the Chief Vann House site, as contained in the 1952 deed, are also incorrect; and WHEREAS, the Executors of the Estate of Dr. James E. Bradford (the life tenant under the Will of Dr. James E. Bradford having since deceased) are willing to execute a Deed of Correction to the State of Georgia to correct the description of the boundaries of the parcel conveyed as aforesaid in 1970 and of the west and south lines of the Chief Vann House site; and
Page 1513
WHEREAS, all of the aforesaid property is presently in the custody of the Department of Natural Resources; and WHEREAS, the Department of Natural Resources desires to accept said Deed of Correction notwithstanding that the total combined area of the two aforesaid parcels, as described in said Deed of Correction according to said August 15, 1979 plat, as revised February 1, 1980, may be slightly less than the total combined area of the two aforesaid parcels as described in the aforesaid 1970 deed and in the 1952 deed. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State Properties Commission, acting for and on behalf of the State of Georgia, is hereby authorized to accept from the Executors of the Estate of Dr. James E. Bradford a Deed of Correction in order to correct of record the description of certain State-owned property located in Murray County, Georgia. Section 2. That the description of said property which shall be a part of said Deed of Correction shall be as follows: All that tract or parcel of land lying and being in Land Lot 224, of the 9th District, 3rd Section, Murray County, Georgia and being more particularly described as follows: Beginning at the intersection of the north right-of-way line of Georgia Highway No. 52 and the east right-of-way line of Georgia Highway No. 225; thence North 02 12' 23 West a distance of 869.43 feet to an iron pin placed at the intersection of the east right-of-way line of Georgia Highway No. 225 and the south right-of-way of a 20 foot wide dirt road; thence North 84 15' 30 East a distance of 440.19 feet to an iron pin found; thence South 05 32' 00 West a distance of 972.80 feet to an iron pin found; thence North 79 53' West a distance of 315.62 feet along the north right-of-way line of Georgia Highway No. 52 to the point of beginning; said property containing 7.90 acres and being more fully shown on that certain August 15, 1979, as amended February 1, 1980 plat of boundary line survey prepared by Bakkum-DeLoach Associates, Inc., more particularly Peter L. Bakkum, Georgia Registered Land Surveyor No. 1096 and entitled Property Line Plat of Vann House Site for Georgia Dept. of Natural

Resources, which plat of survey is recorded in the records of the
Page 1514
Clerk of the Superior Court of Murray County, Georgia in Plat Book....., page..... and by this reference is incorporated in and made a part of this legal description. Section 3 . That the plat of boundary line survey prepared by Bakkum-DeLoach Associates, Inc., more particularly Peter L. Bakkum, Georgia Registered Land Surveyor No. 1096 on August 15, 1979, as revised February 1, 1980, and entitled Property Line Plat of Vann House Site for Georgia Dept. of Natural Resources be filed and recorded in the Office of the Clerk of the Superior Court of Murray County, Georgia and that the plat book and page number at which the same is recorded be inserted in the description set forth in Section 2 hereof when said description is inserted in the Deed of Correction and that said plat of survey also be filed and recorded in the real property records of the Office of the Secretary of State. Section 4 . That the State Properties Commission condition its acceptance of said Deed of Correction on behalf of the State of Georgia on such terms and conditions as it may deem appropriate and in the best interests of the State of Georgia. Section 5 . That the State Properties Commission is hereby authorized to do all things necessary and proper relating to the acceptance of said Deed of Correction. Section 6 . That this resolution shall become effective as law upon its approval by the Governor of the State of Georgia or upon its becoming law without his approval. Approved April 14, 1981.
Page 1515
EXCHANGE OF LAND WITH CITY OF HOMERVILLE AUTHORIZED. No. 35 (House Resolution No. 93). A RESOLUTION Authorizing the State of Georgia, acting by and through the State Properties Commission, to convey certain State-owned real property located in Clinch County, Georgia, to the City of Homerville, and the acceptance of certain property owned by the City of Homerville, located in Clinch County, Georgia, in consideration therefor; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Clinch County, Georgia, now administered by the Georgia Forestry Commission, being more particularly described as follows: That tract of land being in the City of Homerville, Clinch County, Georgia, and being a strip of land one hundred fifteen (115) feet more or less, wide, fronting on North side of Dame Avenue (State Highway Number 38) and two hundred and thirty-five (235) feet more or less, deep, being bounded on the North by Courtland Avenue, on the East by a new Street recently constructed and opened up and not yet officially named, on the South by Dame Avenue (State Highway No. 38) and on the West by lands of Mrs. R. E. Thigpen and other lands of R. W. Sweat.; and WHEREAS, the City of Homerville is the owner of certain real property located in Clinch County, Georgia, being more particularly described as follows: To find the point of beginning begin at an iron pin, located at the intersection of the NW right-of-way of Smith Road the NE right of way of U. S. Highway 441, thence northwest along the right of way of U. S. 441, 717.82 ft. to a point, thence turn 90 proceed southwest 100 ft. to the point of beginning. From the point of beginning, which is the most northerly corner of the property, thence running S 46 07' E a distance of 129 feet to an iron pin, thence running S 43 53' W a distance of 200' to an iron pin, thence running
Page 1516
N 4607'W a distance of 129' to an iron pin, thence running N 4353'E a distance of 200' to the point of beginning. Said tract of land contains.592 acre is depicted on a Plat of Survey dated December 5, 1979 prepared for the Georgia Forestry Comm. by H. W. William Jr., Ga. Registered Land Surveyor No. 1396.; and WHEREAS, the State of Georgia is desirous of obtaining all of the above-described property owned by the City of Homerville for construction of an airplane hangar; and WHEREAS, the City of Homerville is desirous of obtaining the above-described property owned by the State for City purposes; and WHEREAS, the exchange of said property by and between the State of Georgia and the City of Homerville 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 of the hereinabove-described State-owned property to the City of Homerville and to accept in consideration therefor, from the City of Homerville, a conveyance in fee simple of all of the hereinabove-described City-of-Homerville owned property. 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 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 and

the City of Homerville.
Page 1517
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 Georgia Forestry 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 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 April 14, 1981. STATE-WIDE FIRE PROTECTION STUDY COMMITTEE CREATED. No. 36 (House Resolution No. 108). A RESOLUTION Creating the State-wide Fire Protection Study Committee; to provide for matters relative thereto; and for other purposes. WHEREAS, the State of Georgia ranks ninth among the ten states of the United States with the worst records in terms of fire deaths and burn injuries based on data from the United States Fire Administration; and WHEREAS, there are recognized needs for the improvement of fire protection services and emergency medical services provided by fire departments in Georgia; and
Page 1518
WHEREAS, there are recognized needs for improvements in the areas of fire service training, fire inspections and code enforcement, and public fire safety education in Georgia; and WHEREAS, there is a recognized need for improved coordination and communication among the various agencies and organizations at the state level involved in the areas of fire prevention, public fire safety education, fire service training, emergency medical service, fire inspections and code enforcement, disaster planning, and first emergency response to emergency conditions other than fire; and WHEREAS, the Georgia Association of Fire Chiefs and the Georgia State Firemen's Association support the creation of a study committee to study the aforementioned problems and needs, to develop recommendations for legislation which would correct these problems and meet these needs, and to develop a plan for improving the communication and coordination among the various state agencies and state-wide organizations involved in fire protection and fire prevention services or emergency medical services. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) There is hereby created the State-wide Fire Protection Study Committee. (b) The committee shall be composed of 25 members as follows: (1) Two members of the Senate to be appointed by the President of the Senate. (2) Two members of the House to be appointed by the Speaker of the House of Representatives. (3) The Georgia Safety Fire Commissioner. (4) The State Fire Marshal. (5) The Superintendent of the Georgia Fire Academy. (6) The Chairman of the Georgia Firefighter's Standards and Training Council.
Page 1519
(7) A representative of the Georgia Association of Fire Chiefs to be appointed by the Association's Executive Board. (8) A representative of the Georgia State Firemen's Association to be appointed by the Association's Executive Board. (9) A representative of the Georgia Fire Inspector's Association to be appointed by the Association's Executive Board. (10) A representative of the Georgia Insurance Services' Office. (11) The Commissioner of the Georgia Department of Human Resources. (12) The Director of the Georgia Forestry Commission. (13) The State Director of Civil Defense. (14) The Director of the Institute of Government of the University of Georgia. (15) The President of the Georgia Municipal Association or his representative. (16) The President of the Association County Commissioners of Georgia or his representative. (17) One fire chief to be appointed by the Governor. (18) One local fire inspector to be appointed by the Governor. (19) One firefighter to be appointed by the Governor. (20) One professional architect to be appointed by the Governor. (21) One professional electrical engineer to be appointed by the Governor. (22) One emergency medical specialist to be appointed by the Governor.
Page 1520
(23) One member of the public at large to be appointed by the Governor. (c) Any vacancy on the committee shall be filled in the same manner as the original appointment. Section 2. The committee shall elect a chairman from among its membership. The first meeting of the committee shall be upon the call of the Governor. Thereafter, the committee shall meet upon the call of the chairman. Section 3. Members of the committee shall receive the allowances authorized by law for legislative members of interim legislative committees, except that any committee member from the executive branch

of government shall be reimbursed for travel expenses and other authorized expenses incurred from state funds from which they are otherwise compensated. The other allowances and all other funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. Section 4. The committee shall develop recommendations for legislation to meet the needs for the improvement of fire protection services and emergency medical services provided by fire departments in Georgia and for improvements in the areas of fire service training, fire inspections and code enforcement, and public fire safety education in Georgia. The committee shall also develop a plan for improving the communication and coordination among the various state agencies and state-wide organizations involved in fire protection and fire prevention services or emergency medical services. Section 5. The committee shall be charged with the responsibility for having its recommendations for legislation prepared and submitted to the Governor and to the General Assembly on or before July 1, 1982. The committee shall also recommend a plan for improving communications and coordination among the various state agencies and state-wide organizations involved in fire protection and fire prevention services and emergency medical services. Such plan shall be submitted to the involved agencies and organizations on or before July 1, 1982, on which date the committee shall stand abolished. Approved April 14, 1981.
Page 1521
AMENDMENT OF RIGHT-OF-WAY EASEMENT TO COLONIAL PIPELINE COMPANY AUTHORIZED. No. 38 (House Resolution No. 113). A RESOLUTION Authorizing the State Properties Commission, by its Chairman, the Governor, acting on behalf of and in the name of the State of Georgia to amend, change and modify the description contained in a right-of-way Easement granted by the State's predecessor in title to the Colonial Pipeline Company for a pipeline to be used for the transporting of petroleum products on, over and through presently State-owned lands in Paulding County, Georgia, being a part of the lands of the Pickett's Mill Historic Site; to provide for consideration; and for other purposes. WHEREAS, Colonial Pipeline Company, a Delaware Corporation, is engaged in constructing a sixteen (16) inch diameter petroleum products pipeline within the State of Georgia, and a portion of such pipeline is through and across certain lands of the Pickett's Mill Historic Site near the community of New Hope, Paulding County, Georgia; and WHEREAS, the State's predecessor in title, Georgia Kraft Company, did grant and convey to Colonial Pipeline Company a permanent easement for a pipeline right-of-way for the transporting of liquids and/or gases on, over and through presently State-owned lands, said easement dated December 7, 1962, recorded in Deed Book 3Z, Page 452, Paulding County records, amended November 6, 1968, recorded in Deed Book 5-B, Page 106, said county records; and WHEREAS, said easement is described as passing through Land Lots Nos. 970, 971, 974, 969 and 975; and
Page 1522
WHEREAS, a recent investigation shows that said easement does not pass through any portion of Land Lot No. 971; and WHEREAS, said easement is described as a strip of land 50 feet in width being 35 feet on the Northwest side of the center of said pipeline and being 15 feet on the Southeast side of said pipeline, the referenced pipeline being a 12-inch pipeline and the first pipeline constructed on subject right-of-way easement; and WHEREAS, a recent investigation shows that said easement can lie only on the Northeast side, rather than the Northwest side, and on the Southwest side rather than the Southeast side of the 12-inch pipeline; and WHEREAS, a second pipeline was installed prior to the State's taking title, being a 10-inch pipeline lying 20 feet on the Easterly side of and parallel to the 12-inch pipeline; and WHEREAS, Colonial Pipeline Company expressed a desire to construct and install an additional 16-inch pipeline on, over and across State property at Pickett's Mill Historic site; and WHEREAS, both the Department of Natural Resources and Colonial Pipeline Company desire that the description of the subject right-of-way easement be changed to correct the numbers of the Land Lots through which said easement passes, to correct the erroneously stated sides of the 12-inch pipeline on which said easement lies and to change, amend and modify said easement so as to place the centerline of the 12-inch pipeline five (5) feet within the Southwesterly boundary of the 50 feet wide easement area and the centerline of the 10inch pipeline in the center of the easement area, thereby providing space for the additional 16-inch pipeline within said easement area; and WHEREAS, the construction of an additional pipeline would be a benefit to the State of Georgia; and WHEREAS, under the provisions of an Act approved February 26, 1943 (Ga. Laws 1943, p. 1662), it is declared as being in the public interest that corporations engaged in constructing, running, or operating pipelines in this State for the transportation of petroleum products shall have the right to traverse with pipelines on any property owned by the State or any subdivision thereof; and
Page 1523

WHEREAS, the previously granted easement conveyed the right to construct only a pipeline; and WHEREAS, the Department of Natural Resources on September 7, 1979, granted Colonial Pipeline Company a Revocable License not coupled with an interest, to construct and install a sixteen (16) inch pipeline parallel to the two existing pipelines until such time as Colonial Pipeline Company could request that the Georgia General Assembly authorize the amending, changing and modifying of the previously granted easement and grant Colonial Pipeline Company permission to construct and install the additional pipeline; and WHEREAS, Colonial Pipeline Company has constructed and installed the additional 16-inch pipeline to the satisfaction of the Department of Natural Resources; and WHEREAS, a survey has been prepared of the proposed amended easement area and the three (3) existing pipelines, and the survey has been presented to the State of Georgia, Department of Natural Resources and there are no objections thereto; and WHEREAS, Colonial Pipeline Company is willing to pay the State of Georgia the sum of $3,210.00 to amend, change and modify the previously granted easement as herein set forth; and WHEREAS, Colonial Pipeline Company inadvertently failed to make the request of the 1980 Georgia General Assembly agreed upon in the above-referenced Revocable License; and WHEREAS, Colonial Pipeline Company now desires to make such request of the 1981 Georgia General Assembly. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that upon ascertaining that the sum of Three Thousand Two Hundred Ten and No/100 Dollars ($3,210.00) has been paid into the State Treasury by the Colonial Pipeline Company, the State Properties Commission, by its Chairman, the Governor, acting for and on behalf of the State of Georgia, is hereby authorized and empowered to execute and deliver an amendment Agreement to the easement granted to Colonial Pipeline Company by the Georgia Kraft Company, dated December 7, 1962, amended and recorded as aforesaid, said amendment to be entitled Second Amendment Agreement to Right-of-Way Easement and amending
Page 1524
said easement as follows: that portion of the description contained in the easement reading as follows: a strip of land 50 feet in width being 35 feet on the Northwest side of the center of said pipeline and being 15 feet on the Southeast side of said pipeline as shown by the plat hereto attached and made a part hereof. be changed to read a strip of land 50 feet in width being 25 feet on either side of an existing 10-inch pipeline as shown in the (Typical Detail) inset on a plat made by Colonial Pipeline Company entitled `Proposed 16' O.D. Colonial Pipeline Crossing Property of State of Georgia, Paulding County, Georgia, dated 14 June 1979, redrawn 19 June 1979, numbered 5.3.504.38, a copy of which is on file with the Department of Natural Resources and the State Properties Commission. and the portion of the above-referenced previously granted easement reading all of Land Lots 970, 971 and 974, be changed to read all of Land Lots 970 and 974, and by adding the following three paragraphs: Notwithstanding any provision in the previously granted easement to the contrary, this amendment grants permission for the installation of the three (3) presently existing pipelines, being a 10inch, a 12-inch and a 16-inch diameter pipelines but such permission shall be applicable to only the three (3) existing pipelines. Grantee, in consideration of the benefits by Grantee to be derived from this Agreement, hereby agrees to indemnify, save and hold harmless the Grantor of, from and against any and all claims, loss, damage, liability and expense caused, suffered, incurred or paid by the Grantor, caused by or arising out of any injury (including the death of) any person or persons whomsoever or damage to or destruction of any property whatsoever, caused, suffered or incurred as a result of or in connection with Grantee's use and enjoyment of this Easement. 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 14, 1981.
Page 1525
LAND CONVEYANCE TO COLUMBIA COUNTY AUTHORIZED. No. 43 (House Resolution No. 146). A RESOLUTION Authorizing the conveyance of all rights, title and interest in certain real property known as Keg Creek State Park together with all improvements and facilities thereon; and for other purposes. WHEREAS, on August 3, 1965, the Secretary of the Army under authority of Section 4 of the Flood Control Act of 1948 (76 Stat. 1195; 16 U.S.C. 460d) granted to the State of Georgia a Lease No. Da-09-133 CIVENG-65-415 hereinafter referred to as the Lease, for fifty (50) years commencing May 15, 1965 and ending May 14, 2015 to use and occupy a certain park site in the Clark Hill Reservoir area for public park and recreational purposes; and WHEREAS, the park site is described in the Lease as Lessee Park Site No. 101 consisting of approximately 957 acres of land and water areas situated within the boundaries of Clark Hill Reservoir area in Columbia County, Georgia more particularly described in Exhibit A-1 to the Lease, which is on file in the principle office of the Department of Natural Resources; and WHEREAS, the site was developed by the

State with all necessary facilities and improvements and was operated as Keg Creek State Park; and WHEREAS, as a result of a drastic reduction in revenue collections by the State of Georgia, the General Assembly, in Special Session, reduced the Fiscal Year 1976 appropriations for the Parks and Historic Sites Division of the Department of Natural Resources by Four Hundred Fifty-four Thousand Two Hundred and Eight Dollars ($454,208) and thirty-two (32) positions; and WHEREAS, by a Resolution adopted July 24, 1975, by the Board of Natural Resources, the Commissioner of the Department of Natural Resources was authorized and directed to terminate the operations by such Division of as many of those parks and historic sites as he deemed necessary to effectuate the legislatively mandated cut in budget and positions; and
Page 1526
WHEREAS, such Resolution also instructed the Commissioner to locate alternate operators from among the nearby cities, counties and other appropriate entities for as many of such parks and historic sites as possible; and WHEREAS, the Commissioner determined that the Division must terminate its operation of the Keg Creek State Park; and WHEREAS, under the provisions of an Act of the General Assembly (Ga. Laws 1974, p. 273; Ga. Code Ann. Section 43-1707), the Department is authorized to enter into rental agreements with respect to its parks and historic sites with various entities, public and private; and WHEREAS, a rental agreement was made and entered into on the 16th day of March, 1976 by and between the Department of Natural Resources, for and on behalf of the State of Georgia and the Board of Commissioners of Columbia County; and WHEREAS, Columbia County agreed therein to assume the operations of all the recreational facilities of Keg Creek State Park for the remaining term of the above referenced Lease between the Corps of Engineers and the State of Georgia; and WHEREAS, in its assumption of said operations, Columbia County agreed to be bound by all the terms and conditions of the above referenced Lease between the Corps of Engineers and the State of Georgia; and WHEREAS, since 1976 Columbia County has operated, managed and maintained Keg Creek State Park (known locally as Wildwood Park); and WHEREAS, the Board of Commissioners of Columbia County, Georgia, at its regular meeting on the 1st day of July 1980, passed a Resolution approving the proposed application for a lease for public park and recreational purposes with the Department of the Army, authorizing the Chairman to execute the application on behalf of the Board of Commissioners of Columbia County and certifying that the Columbia County Board of Commissioners has the authority to undertake the governmental and proprietary functions and obligations at the location specified; and
Page 1527
WHEREAS, the Columbia County Commission has requested of the Corps of Engineers that the County be permitted to operate the park under a direct lease with the Secretary of the Army rather than under the Rental Agreement with the Department of Natural Resources; and WHEREAS, the Corps of Engineers, subject to approval and signing by the Assistant Secretary of the Army, is willing to amend the Lease by supplemental agreement to change the name of the Lessee from the State of Georgia, Department of State Parks, to the Board of Commissioners, Columbia County, Georgia; and WHEREAS, the Department of Natural Resources is presently operating three (3) State Parks on the Clark Hill Reservoir and has no objection to relinquishing the present lease in favor of Columbia County; and WHEREAS, the Board of Natural Resources has approved the introduction of this resolution authorizing the conveyance to Columbia County of the remaining interests in the lease agreement and existing improvements and facilities at Keg Creek State Park. 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, subject to approval by the Corps of Engineers, to assign and convey to Columbia County by appropriate instrument all of the State's right, title and interests in and to the hereinabove described real property, together with all improvements and facilities thereon. Approved April 14, 1981.
Page 1528
CONVEYANCE OF FLAGPOLE TO CITY OF PELHAM. No. 44 (House Resolution No. 147). A RESOLUTION Authorizing the conveyance of certain State-owned property located in Thomas County; and for other purposes. WHEREAS, the State of Georgia is the owner of a certain 100-foot conical, tapered flagpole located within Thomas County, Georgia; and WHEREAS, the Department of Human Resources has custody and management of said property; and WHEREAS, the above-mentioned property was obtained by the State as part of a conveyance from the United States Department of Health, Education, and Welfare for use as a Regional Mental Health Facility, now known as Southwestern State Hospital; and WHEREAS, both Southwestern State Hospital and State Mental Health officials and the United States

Department of Health, Education, and Welfare officials have declared the said flagpole surplus to the operational needs of said facility; and WHEREAS, the City of Pelham has requested that such flagpole be conveyed to them for placement in front of the recently renovated Pelham City Hall. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that the City of Pelham is authorized to dismantle and remove a certain 100-foot conical, tapered flagpole and all appurtenances attached thereto located at Southwestern State Hospital in Thomasville, Thomas County, Georgia, for a consideration of $1 to be paid to the Department of Human Resources. Approved April 14, 1981.
Page 1529
LAND CONVEYANCE TO CITY OF BRUNSWICK AUTHORIZED. No. 46 (House Resolution No. 151). 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 convey certain State-owned real property located in the City of Brunswick, Glynn County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, by Deed dated September 17, 1959, the State of Georgia acquired from the Brunswick Ports Authority title to approximately 157 acres of unimproved real property in Glynn County, Georgia, as referenced in said Deed (said property hereinabove in the title and hereinafter in the WHEREAS clauses of this Resolution being referred to as the Property), for a consideration of $1; and WHEREAS, of the above 157 acres of unimproved real property approximately 10 acres is fast land (above the ordinary high water line), the remainder all being tide land (below the ordinary high water line); and WHEREAS, the present custody and control of the Property is in the Department of Natural Resources; and WHEREAS, the City of Brunswick has expressed an interest in acquiring and constructing a public boat marina complex on the Property; and WHEREAS, it would be beneficial to the State as a whole, and in particular to the region of and surrounding Glynn County, if such a public boat marina were to be constructed on the Property; and WHEREAS, the Georgia Ports Authority has requested that the proposed conveyance by the State to the City be subject to an easement to be conveyed from the State to the Georgia Ports Authority for a future road and rail corridor running approximately from the southeast corner of the Property to a point midway along the western boundary of the Property; and
Page 1530
WHEREAS, the power to deal with and to dispose of State-owned property is vested in the General Assembly of Georgia; 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 the conveyance of the Property to the City of Brunswick, subject to an easement to the Georgia Ports Authority. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of approximately 157 acres of land in the City of Brunswick, Glynn County, Georgia, as referenced hereinabove (hereinafter referred to as the Property) and that in all matters relating to the conveyance of the Property the State of Georgia is acting by and through the State Properties Commission. Section 2. That the State of Georgia, acting by and through the State Properties Commission, convey to the Georgia Ports Authority an easement over, through, upon and across the Property for a road and rail corridor running approximately from the southeast corner of the Property to a point midway along the western boundary of the Property, subject to the following: a. That the consideration for the conveyance of said easement shall be $10; b. The provisions of the Coastal Marshlands Protection Act of 1970 (Ga. Laws 1970, p. 939, as amended) and all applicable laws, rules and regulations of the United States regarding the use and development of said easement; and c. Such other terms and conditions as determined by the State Properties Commission to be in the best interests of the State. Section 3. That the State of Georgia, acting by and through the State Properties Commission, convey to the City of Brunswick all of the property which is fast land, in fee without warranty of any type, kind or nature whatsoever, and convey to the City of Brunswick a nonexclusive easement and to only that portion of the tideland which
Page 1531
is necessary for the construction, operation and maintenance of a public marina subject to the following: a. That a plat of survey of the Property be prepared by the City of Brunswick and submitted to and approved by the State Properties Commission; b. That the conveyance of the Property be subject to the easement of the Georgia Ports Authority; c. The provisions of the Coastal Marshlands Protection Act of 1970 (Ga. Laws 1970, p. 939, as amended) and all applicable laws, rules and regulations of the United States regarding the use and development of the Property; d. That the consideration for the conveyance of the Property shall be $10; and e. That the easement for the construction, operation

and maintenance of a public marina exist only so long as the property is used for that purpose; f. Such other terms and conditions as determined by the State Properties Commission to be in the best interests of the State. Section 4. That the State Properties Commission is hereby authorized and empowered to do all acts and things necessary and proper to effect such conveyances. Section 5. That this Resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval. Section 6. That all laws and parts of laws in conflict with this Resolution are hereby repealed. Approved April 14, 1981.
Page 1532
RULES OF SUPREME COURT ADOPTED PURSUANT TO CODE SECTION 27-2538 APPROVED. No. 47 (House Resolution No. 154). A RESOLUTION Approving certain rules of the Supreme Court of Georgia; and for other purposes. WHEREAS, pursuant to Code Section 27-2538, the Supreme Court of Georgia was directed to establish by appropriate rules a unified motion for review procedures 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; and WHEREAS, on August 25, 1980, pursuant to said Code section, the Supreme Court of Georgia formulated and adopted the necessary rules to implement the review procedures; and WHEREAS, said Code section provides that said rules shall be effective only through March 31, 1981, unless such rules are approved by the General Assembly during the 1981 regular session; and WHEREAS, pursuant to said Code section, the Chief Justice of the Georgia Supreme Court has submitted to the presiding officers of the Georgia General Assembly copies of said rules; and WHEREAS, it is the desire of this General Assembly to ratify and approve said rules. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the rules of the Supreme Court adopted pursuant to Code Section 27-2538 on August 25, 1980, are hereby approved. Approved April 14, 1981.
Page 1533
JOINT COMMITTEE ON FARM WINERY LAWS. No. 49 (House Resolution No. 156). A RESOLUTION Creating the Joint Committee on Farm Winery Laws; and for other purposes. WHEREAS, there exists a need to study the possibility of enacting farm winery laws in this state which would have the effect of increasing the share of current Georgia wine sales supplied by in-state farm wineries. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Joint Committee on Farm Winery Laws to be composed of five members of the Senate to be appointed by the Lieutenant Governor and five members of the House of Representatives to be appointed by the Speaker of the House, the chairman to be appointed by the Speaker of the House. BE IT FURTHER RESOLVED that the committee shall be authorized to study and review actions and programs the state might initiate to increase the share of Georgia wine sales supplied by instate farm wineries. Such study may include, but shall not be limited to, the following matters: (a) The farm wine laws of other states; (b) Current Georgia laws; (c) Effect of tax rates; and (d) Effect of volume limitations. The committee may conduct such meetings at such places, within or without the state, 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 but shall receive the same for not more than 15 days. The
Page 1534
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, no later than December 1, 1981, at which time the committee shall stand abolished. Approved April 14, 1981. VETERANS OF FOREIGN WARS COMMENDED. No. 50 (House Resolution No. 161). A RESOLUTION Recognizing the outstanding services of the Veterans of Foreign Wars; and for other purposes. WHEREAS, an agreement was made and entered into on June 17, 1952, between the State of Georgia and the Georgia Department of the Veterans of Foreign Wars of the United States, a veteran's organization chartered by the Congress of the United States; and WHEREAS, the Georgia Department of the Veterans of Foreign Wars and various local V.F.W. organizations in Georgia constructed or located facilities, equipment, and improvements on property with an appraised value in excess of $1 million at Georgia Veterans Memorial State Park at Cordele, Georgia; and WHEREAS, for 27 years the V.F.W. and the Safety Education Division of the Georgia Department of Public Safety conducted a very successful and beneficial Safety Patrol Training School involving thousands of Georgia youth; and

Page 1535
WHEREAS, the Georgia Department of the Veterans of Foreign Wars of the United States conveyed the Camp Safety Patrol property, consisting of 18.3 acres, to the Georgia Department of Natural Resources on August 15, 1979; and WHEREAS, the Georgia Department of Natural Resources accepted the conveyance of the group camp and all improvements with plans to operate the facility for the recreational benefit of the public as an organized group camp; and WHEREAS, the generosity of the Veterans of Foreign Wars is deeply appreciated and will provide a meaningful camping experience to many young people who will be using the facility at Georgia Veterans Memorial State Park for years to come. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body do hereby commend the Veterans of Foreign Wars for their outstanding contribution to the citizens of Georgia and do further direct that the Georgia Department of Natural Resources erect a plaque in a suitable location at the group camp site at Georgia Veterans Memorial State Park at Cordele, Georgia, commemorating their outstanding gift to the citizens of Georgia. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this resolution to the Commissioner of Natural Resources. Approved April 14, 1981.
Page 1536
BOARD OF REGENTS URGED TO SEEK AGREEMENT WITH ADJACENT STATES REGARDING TUITION RATES. No. 52 (House Resolution No. 192). A RESOLUTION Requesting the Board of Regents of the University System of Georgia and the Georgia members of the Board of Control for Southern Regional Education to seek an agreement between the State of Georgia and adjacent states whereby certain citizens of Georgia may attend the adjacent state institutions at reduced tuition rates; and for other purposes. WHEREAS, because of their location within the state, the four-year and graduate institutions of the University System of Georgia are not equally and fairly available to citizens residing within all parts of Georgia; and WHEREAS, the proximity of certain educational institutions in adjacent states would make the opportunity to attend a four-year or graduate institution of higher learning equally and fairly available to these Georgia citizens if they could be charged tuition rates comparable to those charged by units of the University System of Georgia; and WHEREAS, pursuant to a Resolution approved January 31, 1949 (Ga. Laws 1949, p. 56), as amended by a Resolution approved February 18, 1957 (Ga. Laws 1957, p. 66), Georgia became a party to the compact creating the Board of Control for Southern Regional Education; and WHEREAS, adjacent states are also parties to said compact; and WHEREAS, said compact authorizes any two or more states who are parties to enter into supplemental agreements for the establishment, financing, and operation of regional educational institutions for the benefit of citizens residing within regional areas; and WHEREAS, pursuant to said compact provision an equal and fair opportunity to obtain a four-year or graduate education could be made available to all citizens of Georgia.
Page 1537
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Regents of the University System of Georgia and the Georgia members of the Board of Control for Southern Regional Education are hereby requested to explore the possibility of securing an agreement between the State of Georgia and adjacent states whereby: (1) Certain adjacent state institutions would be designated as regional educational institutions for the purposes hereafter described; (2) Resident tuition rates would be charged by the adjacent states to full-time junior and senior level undergraduate and full-time or part-time graduate students who are Georgia citizens residing less than 50 miles from the adjacent state institution but more than 50 miles from the nearest four-year unit of the University System of Georgia; and (3) The State of Georgia would: (A) Appropriate and pay over to the adjacent state funds to defray expenses and lost revenues incurred by that state under the supplementary agreement; or (B) Make reciprocal benefits available to the citizens of the adjacent state; or (C) Take both of the above actions. BE IT FURTHER RESOLVED and directed that the Board of Regents and the Georgia members of said board of control are authorized and directed to submit their findings and recommendations to the General Assembly not later than December 1, 1981. 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 Board of Regents of the University System of Georgia and the Georgia members of the Board of Control for Southern Regional Education. Approved April 14, 1981.
Page 1538
CITY OF AUGUSTAINTENT OF GENERAL ASSEMBLY AS TO CONSTITUTIONAL AMENDMENT. No. 58

(House Resolution No. 232). A RESOLUTION Expressing the intent of the General Assembly as to a certain constitutional amendment affecting the City of Augusta; and for other purposes. WHEREAS, the General Assembly proposed an amendment to the Constitution of the State of Georgia so as to provide a homestead exemption from City ad valorem taxation to resident homeowners in the City of Augusta, said resolution appearing at pages 2211 through 2214 of the 1980 Georgia Laws; and WHEREAS, said proposed amendment was ratified by the voters of the City of Augusta on November 4, 1980; and WHEREAS, the General Assembly is desirous of making plain the intent of said homestead exemption proposal; and WHEREAS, it was the intent of the General Assembly to provide a homestead for each resident of the City of Augusta; and WHEREAS, said proposed amendment provided that the City of Augusta provide for the proper administration of this exemption. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the first quoted paragraph of said resolution proposing a homestead exemption for the City of Augusta, appearing at page 2212 of Ga. Laws 1980, was intended to read as follows: A homestead of each resident 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 a 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.
Page 1539
BE IT FURTHER RESOLVED that the intention of said amendment was to make uniform the homestead exemption now or hereafter available to the citizens and residents of Augusta and Richmond County and that a homestead exemption on City taxes shall be 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. Approved April 14, 1981. LEGISLATIVE OVERVIEW COMMITTEE ON CONSTITUTIONAL REVISION. No. 59 (House Resolution No. 245). A RESOLUTION Creating the Legislative Overview Committee on Constitutional Revision; and for other purposes. WHEREAS, under the direction and supervision of the Select Committee on Constitutional Revision, individual Article Committees have completed the task of revising Articles I through X of the 1976 Constitution and have submitted their reports and recommendations to the Select Committee; and WHEREAS, the experience gained during the 1980 session of the General Assembly by those concerned with constitutional revision has demonstrated a need for more quantitative and qualitative legislative involvement in the constitutional revision effort prior to the actual and final consideration by the General Assembly of a proposed new Constitution. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Legislative Overview Committee on Constitutional Revision to be composed of 30 members of the House of Representatives to be appointed by the
Page 1540
Speaker thereof, and 20 members of the Senate to be appointed by the President thereof. The committee shall, in conjunction with the Select Committee on Constitutional Revision, review the work and recommendations of the Article Committees which have revised Articles I through X of the 1976 Constitution. The committee shall complete its review process prior to the proposed convening date of a special session of the Georgia General Assembly anticipated during the 1981 calendar year for the purpose of considering, among other items, constitutional revision. The committee shall stand abolished upon the convening of the General Assembly in special session during 1981 or upon January 1, 1982, whichever date shall first occur. Approved April 14, 1981. GRADY MEMORIAL HOSPITAL STUDY COMMITTEE. No. 61 (House Resolution No. 249). A RESOLUTION Creating the Grady Memorial Hospital Study Committee; and for other purposes. WHEREAS, the provision of charity care to the medically indigent places enormous financial burdens on public teaching hospitals, and, in order to recoup the cost of such charity care, public hospitals must exact higher fees from nonindigent patients and rely upon tax allocations from local city and county jurisdictions; and WHEREAS, Fulton and DeKalb counties in 1981 allocated in excess of $30 million in public funds to Grady Memorial Hospital, and these funds were used to provide charity care to indigent patients and to cover factors involved in the hospital's annual operating deficit; and WHEREAS, the increasing annual operating deficit of the hospital is shared between Fulton and DeKalb counties on an inpatient
Page 1541
usage formula basis, with the liability of these counties limited by local contract to revenue collected from a specified millage applied to taxable property in each county; and WHEREAS, this annual requirement for increased financial

support has caused these counties to pursue alternative means of financing the operating deficit at Grady Memorial Hospital, including financial assistance at the state level, in lieu of increasing local taxes; and WHEREAS, because of Grady Memorial Hospital's affliation with the Emory University School of Medicine, the hospital serves as a teaching facility, as well as a public hospital, and is called on to provide a wide range of hospital services; and WHEREAS, there is a need to consider alternative approaches to financing the annual operating deficit at Grady Memorial Hospital in view of its roles as a teaching hospital and as a public hospital; and WHEREAS, there is a need to consider the performance of internal hospital management of Grady Memorial Hospital with respect to administration of programs and services and utilization of resources, manpower, and staff. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Grady Memorial Hospital Study Committee to be composed of nine members as follows: there members of the House of Representatives appointed by the Speaker of the House; three members of the Senate appointed by the President of the Senate; the Chairman of the Board of Commissioners of Fulton County; the Chairman of the Board of Commissioners of DeKalb County; and the Chairman of the Fulton-DeKalb Hospital Authority. The committee shall hold its organizational meeting by not later than June 1, 1981, on the joint call of the Speaker of the House of Representatives and the President of the Senate. At such organizational meeting, the committee shall elect from its membership a chairman, vice chairman, secretary, and such other officers as it deems necessary or appropriate. The committee shall adopt its own rules of procedure and may establish such subcommittees as it may deem necessary to carry out its duties as hereinafter provided.
Page 1542
BE IT FURTHER RESOLVED that it shall be the duty of the committee to make a thorough study of: (1) appropriate methods of financing Grady Memorial Hospital that address the hospital's problems and needs; (2) the contractual relationships between the hospital and the Emory University School of Medicine; (3) the contractual relationships between the hospital and Fulton and DeKalb counties; and (4) the responsibilities of the state in relation to the hospital. The committee shall be further authorized, as it deems appropriate, to examine the hospital's management, programs, services, facilities, and any other matters relative to such study. BE IT FURTHER RESOLVED that each legislative member of the committee shall receive the expenses and allowances provided by law for members of legislative interim committees for attending meetings of the committee or meetings of subcommittees thereof. The remaining members of the committee shall be reimbursed for actual and necessary expenses incurred by them in attending meetings of the committee, as authorized by their respective local governing authorities, from the funds of such governing authorities. Except as otherwise provided herein, the funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the legislative branch of government. BE IT FURTHER RESOLVED that the members of the committee may meet such number of times and at such places as the committee shall deem necessary or appropriate to carry out its duties and responsibilities effectively under this resolution. The committee shall make its final report setting forth its findings, conclusions, and recommendations on or before December 31, 1981, on which date the committee shall stand abolished. Approved April 14, 1981.
Page 1543
LAND CONVEYANCE TO CITY OF WARM SPRINGS. No. 63 (House Resolution No. 293). 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 convey certain State-owned real property located in the City of Warm Springs, Meriwether County, Georgia; and for other purposes. WHEREAS, by an instrument dated July 6, 1974, the State of Georgia acquired from the Georgia Warm Springs Foundation certain real property in Meriwether County, Georgia (said property hereinabove in the title and hereinafter in the WHEREAS clauses of this Resolution being referred to as the Property), for a consideration of $1; and WHEREAS, the present custody and control of the Property is in the Department of Human Resources; and WHEREAS, the City of Warm Springs has expressed an interest in acquiring the existing sewage collection and treatment system and 5.4 acres and upgrading the sewage facility on the Property; and WHEREAS, it would be beneficial to the State facility known as the Roosevelt-Warm Springs Institute for Rehabilitation (Institute) and to the region of and surrounding the City of Warm Springs if such sewage facility were to be upgraded and improved on the Property; and WHEREAS, the City of Warm Springs has requested that in addition to the proposed conveyance by the State to the City that the City also be granted a 40-foot construction easement, a permanent 20-foot access easement to all sewage lines on the Hospital property, and any additional road acres that may be necessary for ingress and egress to said State-owned property; and WHEREAS, the power to deal with and to dispose of Stateowned property is vested in the General Assembly of Georgia; and

Page 1544
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 the conveyance of the Property to the City of Warm Springs and granting of necessary easements to the City as determined to be in the best interests of the State of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of approximately 5.4 acres of land in Meriwether County, Georgia, as referenced hereinabove (hereinafter referred to as the Property) and that in all matters relating to the conveyance of the Property the State of Georgia is acting by and through the State Properties Commission. Section 2. That the State of Georgia, acting by and through the State Properties Commission, convey to the City of Warm Springs permanent and temporary easements over, through, upon and across any State-owned property as deemed necessary by the State Properties Commission for the upgrading of the existing sewage collection and treatment operation located on the Property. Section 3. That the State of Georgia, acting by and through the State Properties Commission, convey to the City of Warm Springs the Property subject to the following: a. That a plat of survey of the Property be prepared by the City of Warm Springs and submitted to and approved by the State Properties Commission; b. That the conveyance of the Property be subject to the easements granted by the State Properties Commission as authorized hereinabove; c. That these conveyances be submitted to and approved by the Georgia Warm Springs Foundation; d. That the consideration for the conveyance of the Property shall be $10; and
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e. Such other terms and conditions as determined by the State Properties Commission to be in the best interests of the State. Section 4. That the State Properties Commission is hereby authorized and empowered to do all acts and things necessary and proper to effect such conveyances. Section 5. That this Resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval. Section 6. That all laws and parts of laws in conflict with this Resolution are hereby repealed. Approved April 14, 1981. LAND CONVEYANCE TO DEPARTMENT OF TRANSPORTATION. No. 64 (House Resolution No. 308). A RESOLUTION Authorizing the conveyance of certain State-owned real property located in Cobb County, Georgia, to the Georgia Department of Transportation; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property lying northeasterly of U. S. Highway 41 at the bridge across the Chattahoochee River, being in Land Lots 1017 and 1018 of the 17th District, 2nd Section, of Cobb County, Georgia; and WHEREAS, said real property, which is presently under the custody of the Department of Natural Resources, is shown on a certain September, 1972 plat of survey prepared for the Georgia Department of Natural Resources by Joe V. Evans, Georgia Registered Land Surveyor No. 1105, labeled Boundary Survey for Georgia
Page 1546
Department of Natural Resources, Division of Parks and Recreation, a copy of which is on file in the offices of the Real Estate Unit of the Department of Natural Resources; and WHEREAS, the Georgia Department of Transportation is desirous of obtaining a 50-foot strip of land parallel to the southwesterly boundary of said real property as additional right-of-way for U. S. Highway 41; and WHEREAS, the said 50-foot strip of land is no longer needed by the Department of Natural Resources or the State of Georgia, and is therefore surplus property; and WHEREAS, the conveyance of subject real property to the Georgia Department of Transportation is deemed beneficial to the public. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia, acting by and through the State Properties Commission, is hereby authorized and empowered to convey by Quitclaim Deed to the Georgia Department of Transportation that portion of real property which it desires to obtain as set out hereinabove subject to the following stipulations: (1) that the consideration for the real property to be conveyed to the Georgia Department of Transportation shall be TEN AND NO/100 DOLLARS ($10.00); and (2) that the State reserve unto itself a right of ingress to and egress from an existing roadway running beneath the river bridge and which connects tracts of State-owned property lying on opposite sides of U. S. Highway 41; and (3) that a survey and legal description of the property to be conveyed be produced and submitted to the State Properties Commission for its approval; and (4) that the conveyance of said real property shall be upon such other terms and conditions as shall be prescribed by the State Properties Commission.
Page 1547

Section 2. That this Resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval. Approved April 14, 1981. JOINT DAY CARE STUDY COMMITTEE. No. 66 (House Resolution No. 357). A RESOLUTION Creating the Joint Day Care Study Committee; and for other purposes. WHEREAS, many Georgia families use day care services so that parents can enter into employment or education, and the income gained thereby is vital to the survival and stability of the family; and WHEREAS, Georgia's next generation of citizens spend many hours in day care programs at a time when they are at a critical age for healthy social, emotional, and intellectual growth; and WHEREAS, the provision of day care is a multimillion dollar industry in Georgia, involving profit oriented organizations, non-profit organizations, publicly funded agencies, and relatives and friends of families; and WHEREAS, the State of Georgia is involved with day care services in several capacities, including regulation of all programs, training of caregivers, and use of public funds to purchase care; and WHEREAS, the need for day care services is expected to increase in future years; and WHEREAS, the Georgia General Assembly can exercise vital leadership in formulating a comprehensive policy to insure that day care services will be available to all families who need the service; and
Page 1548
WHEREAS, a committee is needed to review the results of the satellite project for family day care, to analyze the results of the study by the Department of Human Resources on the effects of day care availability, and to continue to have input into decisions affecting the quality of day care in Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that there is hereby created the Joint Day Care Study Committee which shall be composed of six members from the Senate to be appointed by the President of the Senate and six members from the House of Representatives to be appointed by the Speaker of the House. The committee shall study all aspects of the provision for day care to Georgia's children, including the availability and distribution of services; the entire process of licensing of day care centers by the Department of Human Resources, including but not limited to the denial, suspension, and revocation of licenses; penalties for operation without a license; the time and effect of processing complaints; education and training of caregivers; cost of care and use of public funds to purchase care; consumer information offered to parents; extent of coordination among providers of day care services; and the effect of day care on the quality of life of Georgia's families. BE IT FURTHER RESOLVED that the committee is authorized to study all matters relative to the purposes of this resolution. The committee is further authorized to conduct and hold meetings at such times and places as it deems advisable so as to better enable it to perform its duties under this resolution. BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and allowances authorized by law for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized by the Speaker of the House. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated or otherwise available to the legislative branch of government. The committee shall make a report of its findings and recommendations by not later than December 31, 1981, on which date the committee shall stand abolished. Such report shall be accompanied by a draft of any legislation the committee may find necessary to implement its recommendations. Approved April 14, 1981.
Page 1549
EDUCATIONMEMBERS OF COUNTY BOARDS OF EDUCATION. Code Section 32-903.1 Amended. No. 777 (Senate Bill No. 61). AN ACT To amend Code Section 32-903.1, relating to certain persons not being eligible to serve on county boards of education, so as to change certain school board member eligibility requirements for employees of that board; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 32-903.1, relating to certain persons not being eligible to serve on county boards of education, is hereby amended by striking therefrom the following: No person employed by or serving on the board of any other public school system shall be eligible to serve as a member of a county board of education., and inserting in lieu thereof the following: No person employed by a county board of education shall be eligible to serve as a member of that board of education., so that when so amended said Code Section 32-903.1 shall read as follows: 32-903.1. Certain persons not eligible to serve on county boards of education. No person employed by or serving on the governing body of a private educational institution shall be eligible to serve as a
Page 1550
member of a county board of education. No person employed by a county board of education shall be eligible to serve as a

member of that board of education. No person employed by the State Department of Education or serving as a member of the State Board of Education shall be eligible to serve as a member of a county board of education. Provided that this Act shall not apply to institutions above the high school level. Section 2. This Act shall apply to all persons seeking to become elected or appointed to any county board of education on or after the effective date of this Act. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 15, 1981. CRIMESPUNISHMENT FOR ISSUANCE OF BAD CHECKS. Code Section 26-1704 Amended. No. 778 (Senate Bill No. 70). AN ACT To amend Code Section 26-1704, relating to bad checks, as amended, particularly by an Act approved March 25, 1980 (Ga. Laws 1980, p. 1147), so as to change the penalty provisions relating to the criminal issuance of a bad check; 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 26-1704, relating to bad checks, as amended, particularly by an Act approved March 25, 1980 (Ga. Laws 1980, p. 1147), is hereby amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) Except as provided in paragraph (2) of this subsection and subsection (c), a person convicted of the crime of criminal issuance of a bad check, as provided in subsection (a) above, shall be guilty of a misdemeanor and shall be punished as follows: (A) When the check is for less than $100.00: (i) First offense: a fine of not less than $50.00 nor more than $100.00; (ii) Second offense: a fine of not less than $100.00 nor more than $200.00 or imprisonment not to exceed 30 days, or both; and (iii) Third and subsequent offenses: a fine of not less than $200.00 nor more than $400.00 or imprisonment not to exceed three months, or both. (B) When the check is for $100.00 or more but less than $500.00: (i) First offense: a fine of not less than $100.00 nor more than $200.00; (ii) Second offense: a fine of not less than $200.00 nor more than $400.00 or imprisonment not to exceed three months, or both; and (iii) Third and subsequent offenses: a fine of not less than $400.00 nor more than $800.00 or imprisonment not to exceed 12 months, or both. (C) When more than one check is involved and such checks were drawn within 90 days of one another and each is in an amount less than $100.00, the amounts of such separate checks may be added together to arrive at and be punishable under subparagraph (B) of this subsection.
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(2) 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, when the check is for $500.00 or more, shall be guilty of a felony and shall be punished by a fine of not less than $500.00 nor more than $5,000.00 or by imprisonment for not more than three years, or both. (3) For the purposes of this subsection, the penalty for a second or subsequent offense shall apply regardless of the subparagraph under which the person has been previously convicted. (4) Upon conviction of a first and any subsequent offense under this subsection or subsection (c), in addition to any other punishment provided by this Code section, the defendant shall be required to make restitution of the amount of the check, together with all costs of bringing a complaint under this Code section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 15, 1981. CRIMESPUNISHMENT FOR UNLAWFUL REMOVAL OF MEMORIALS TO THE DEAD, ETC. Code Section 261812 Amended. No. 779 (House Bill No. 54). AN ACT To amend Code Chapter 26-18, relating to theft, as amended, so as to provide penalties for unlawful removal of any memorial to the dead or any ornamentation or flower, tree, or shrub placed on, adjacent to, or within any enclosure of a memorial to the dead; to provide for other matters relative to the foregoing; to provide for certain editorial changes; 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 26-18, relating to theft, as amended, is hereby amended by striking Code Section 26-1812 in its entirety and inserting in lieu thereof a new Code Section 26-1812 to read as follows: 26-1812. Punishment. A person convicted of violation of Code Sections 26-1802, 26-1803, 26-1805, 26-1806, 26-1807, 26-1808, 26-1815, and 26-1816 shall be punished as for a misdemeanor except: (a) If the property which was the subject of the theft exceeded $200.00 in value, or was an automobile or other motor vehicle, by imprisonment for not less than one and not more than ten years, or, in the discretion of the trial judge, as for a misdemeanor; (b) If the property was taken by a fiduciary in breach of a fiduciary obligation, or by an officer or employee of a government or a financial institution in breach of his duties as such officer or employee, by imprisonment for not less than one nor more than 15 years; (c) If the crime committed was a violation of Code Section 26-1802 and if

the property which was the subject of the theft was a memorial to the dead or any ornamentation or flower, tree, or shrub placed on, adjacent to, or within any enclosure of a memorial to the dead, by imprisonment for not less than one nor more than three years. Nothing in this subsection shall be construed as to cause action taken by a cemetery, cemetery owner, lessee, trustee, church, religious or fraternal organization, corporation, civic organization or club legitimately attempting to clean, maintain, care for, upgrade, or beautify a grave, gravesite, tomb, monument, gravestone, or other structure or thing placed or designed for a memorial of the dead to be a criminal act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 15, 1981.
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PUBLIC REVENUE CODE AMENDED. Code Title 91A Amended. No. 780 (House Bill No. 87). AN ACT To amend Code Title 91A, known as the Georgia Public Revenue Code, so as to change certain provisions relating to administration of ad valorem property taxes; to provide for uniform tangible personal property tax returns; to require the Department of Revenue to provide certain courses of instruction; to require training for persons in the appraisal of tangible personal property; to provide for uniform personal property appraisal procedures; to change certain provisions and procedures relating to county boards of equalization; to specify qualifications of members of county boards of equalization; to specify terms; to specify limitations requiring the formulation of procedures; to change the compensation of members of county boards of equalization; 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 91A, known as the Georgia Public Revenue Code, is hereby amended by adding a new Section after Code Section 91A-1306, to be designated Code Section 91A-1306.1, to read as follows: 91A-1306.1. Uniform tangible personal property tax form; Commissioner's duty. (a) The Commissioner shall adopt by rule subject to the Georgia Administrative Procedure Act an appropriate form or forms for use on a uniform basis throughout the State for the return of tangible personal property. (b) All returns of tangible personal property shall be made pursuant to the form or forms adopted by the Commissioner pursuant to subsection (a) of this Section. (c) The Commissioner shall furnish each appropriate local tax official a sufficient number of the forms adopted pursuant to this Section to take the returns of the taxpayers of his county.
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(d) In the content of the form adopted pursuant to subsection (a) of this Section, nothing shall be included that would take the authority from the county boards of tax assessors for them to see that all taxable property within the county is assessed and returned at fair market value. Section 2. Said Code Title is further amended by striking in its entirety Code Section 91A-1410, relating to appraisal staff instruction, and substituting in lieu thereof a new Code Section 91A-1410 to read as follows: 91A-1410. Appraisal staff instruction. (a) The Department may prepare, instruct, operate, and administer courses of instruction deemed necessary to provide for the training of new appraisers and the continuing education of experienced appraisers. (b) (1) The Department shall prepare, instruct, operate, and administer courses of instruction for the training of new appraisers and the continuing education of experienced appraisers in the appraisal of tangible personal property. (2) In all counties except Class 1 counties, the chief appraiser shall designate at least one person on the county appraisal staff to be responsible for the appraisal of tangible personal property. Any person or persons so designated shall be required to attend the standard approved training courses operated by the Department in accordance with this subsection as part of their duties specified in Code Section 91A-1405(b). (c) The Department may contract with any institution of higher education in this State to provide the courses of instruction, or any part of the courses, called for in this Section. Section 3. Said Code Title is further amended by adding a new Section after Code Section 91A-1411, to be designated Code Section 91A-1411.1, to read as follows: 91A-1411.1. Uniform personal property appraisal procedures; Commissioner to adopt manual. (a) The Commissioner shall adopt by rule subject to the Georgia Administrative Procedure Act and maintain an appropriate procedural manual for use by local appraisers in appraising tangible personal property.
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(b) The manual adopted by the Commissioner pursuant to this Section shall be utilized by local appraisers in the appraisal of tangible personal property. Section 4. Said Code Title is further amended by striking subsection (a) of Code Section 91A-1433, relating to members of county boards of tax assessors, in its entirety and inserting in lieu thereof a new subsection (a) of Code Section 91A-1433 to read as follows: (a) Each member of the county board of tax assessors shall be appointed by the appointing authority for a term of six years and until his successor is duly appointed and qualified;

provided, however, that on July 1, 1981, a member who has completed six years of service on such county board of tax assessors shall serve through December 31, 1981, on which date his term of office shall expire and the office shall become vacant; and provided, further, that upon a member completing six years of service after July 1, 1981, such office shall become vacant, to be filled as provided herein. Any member of the county board of tax assessors shall be eligible for reappointment after review of his service on the board by the appointing authority. In case of a vacancy on the board at any time, whether caused by death, resignation, removal or otherwise, the vacancy shall be filled and the appointment shall be made in the same manner as provided by law for the appointment of the members of the board. Section 5. Said Code Title is further amended by striking in its entirety Code Section 91A-1449, relating to county boards of equalization, and substituting in lieu thereof a new Code Section 91A-1449 to read as follows: 91A-1449. Review of assessments; county boards of equalization. (a) Establishment. (1) There is established in each county of the State a county board of equalization to consist of three members and three alternate members appointed in the manner and for the term set forth in this Section. In those counties having more than 25,000 parcels of real estate, the governing authority of the county, by appropriate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 25,000 parcels of real estate in the county or for any part of a number of parcels in the county exceeding 25,000 parcels.
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(2) Notwithstanding the provisions of any part of this subsection to the contrary, in any county of this State having a population of not less than 180,000 and not more than 190,000 according to the census at any time upon the request of the county governing authority for additional alternate members of boards of equalization, the grand jury of the county shall appoint the number of alternate members so requested to each board of equalization, not to exceed a maximum of 21 alternate members for each of the boards. The alternate members of the boards are duly qualified and authorized to serve on any of the boards of equalization of any such county. The grand jury of any such county may designate a chairman and two vice chairmen of each such board of equalization. The chairman and vice chairmen shall be vested with full administrative authority in calling and conducting the business of the board. Any combination of members or alternate members of any such board of equalization of any such county shall be competent to exercise the power and authority of the board. Any person designated as an alternate member of any such board of equalization of any such county shall be competent to serve in said capacity as provided in this Section upon appointment and taking of oath. (3) Notwithstanding the provisions of any part of this subsection to the contrary, in any county of this State having a population of not less than 400,000 nor more than 550,000, according to the United States decennial census of 1970 or any future such census, the governing authority of such county may, by appropriate resolution adopted on or before November 1 each year, elect to have selected one additional county board of equalization for each 10,000 parcels of real estate or any part thereof exceeding 10,000 parcels. In addition to the foregoing, any two members of a county board of equalization of any such county may decide an appeal from an assessment, notwithstanding any other provisions of this Section. Such decision shall be in writing and signed by at least two members of the board of equalization, and except for the number of members necessary to decide an appeal, the decision shall conform to the requirements of this Section. (b) Qualifications. (1) Each person who is qualified and competent to serve as a grand juror, who is the owner of real property, and who is a high school graduate or more shall be qualified, competent, and compellable to serve as a member or
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alternate member of the county board of equalization. No member of the county board of tax assessors, employee of the county board of tax assessors, or county tax appraiser shall be competent to serve as a member or alternate member of the county board of equalization. (2) Within the first year after his initial appointment to the board on or after January 1, 1981, each member shall satisfactorily complete not less than 40 hours of instruction in appraisal and equalization processes and procedures, as prepared and required by the Commissioner. The failure of any member to fulfill the requirements of this paragraph shall render him ineligible to serve on the board and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled. (c) Appointment. (1) Each member and alternate member of the county board of equalization shall be appointed for the term of the two calendar years next succeeding the date of his selection. Each such term shall begin January 1. (2) The grand jury in each county at any term of court preceding November 1 of each odd-numbered year shall select three persons from the current grand jury list who are otherwise qualified to serve as members of the county board of equalization and shall also select three persons from the current grand jury list who are otherwise qualified to serve as alternate members of the county board of equalization. If a vacancy occurs on the county board of equalization, the grand jury then in session shall select one of the alternate

members of the county board of equalization to serve as a member of the county board of equalization for the unexpired term and shall select a person who is otherwise qualified to serve as an alternate member of the county board of equalization for the unexpired term. If a vacancy occurs among the alternate members of the county board of equalization, the grand jury then in session shall select a person who is otherwise qualified to serve as an alternate member of the county board of equalization for the unexpired term. (3) Within five days after the names of the members and alternate members of the county board or boards of equalization have been selected, the clerk of the superior court shall issue and
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deliver to the sheriff, or his deputy, a precept containing the names of the persons so drawn. Within 10 days of receiving the precept, the sheriff, or his deputy, shall cause the persons whose names are written on the precept to be served personally or by leaving the summons at their place of residence. The summons shall direct the persons named on the summons to appear before the clerk of the superior court on a date specified in the summons, which date shall not be later than December 15. (4) Each member and alternate member of the county board of equalization, on the date prescribed for appearance before the clerk of the superior court and before entering on the discharge of his duties, shall take and subscribe before the clerk of the superior court the following oath: `You shall faithfully and impartially discharge the duty of members and alternate members of the board of equalization for the county of....., in accordance with the Constitution and laws of this State, to the best of your skill and knowledge. So help you God.' In addition to the oath of office prescribed in this paragraph, the judge of the superior court shall charge each member and alternate member of the county board of equalization with the law and duties relating to his office. (d) Duties and powers. (1) The county board of equalization shall hear and determine appeals from assessments and denials of homestead exemptions as provided in subsection (e). (2) If, in the course of determining an appeal, the county board of equalization finds reason to believe that the property involved in an appeal or the class of property in which is included the property involved in an appeal is not uniformly assessed with other property included in the digest, the county board of equalization shall request the respective parties to the appeal to present relevant information with respect to that question. If the board determines that uniformity is not present, the board may order the county board of tax assessors to take such action as is necessary to obtain uniformity except that, when a question of countywide uniformity is considered by the board, the board may order a partial or total countywide revaluation only upon a determination of a majority of all the members of the board that the clear and convincing weight of the evidence requires such action. The board of equalization may act pursuant to this
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paragraph whether or not the appellant has raised the issue of uniformity. (3) The board shall establish, by regulation, procedures, not in conflict with the regulations promulgated by the Commissioner pursuant to Code Section 91A-1449(e) (5)(A), for the conducting of appeals before the board. The procedures shall be spread upon the minutes of the board and a copy of the procedures shall be made available to any individual upon request. (e) Appeal. (1) Any taxpayer may appeal from an assessment by the county board of tax assessors to the county board of equalization as to matters of taxability, uniformity of assessment, and value, and as to denial of homestead exemptions, in the manner provided in paragraph (3) of this subsection. (2) An appeal shall be effected by filing with the local board of tax assessors a notice of appeal within the time provided by law. The notice of appeal shall specifically state the grounds for appeal. The county board of tax assessors shall review the valuation or denial in question and, if any changes or corrections are made in the valuation or decision in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Section 91A-1448. If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall certify the notice for appeal and all necessary papers to the county board of equalization. (3) A notice of appeal, in the case of residents of the county, shall be filed with the county board of tax assessors within 21 days from the date of mailing the notice pursuant to Section 91A-1448 or subsection (e)(2) of this Section. A notice of appeal, in the case of a nonresident of the county, shall be filed with the county board of tax assessors within 30 days from the mailing of the notice, as provided in Section 91A-1448 or subsection (e)(2) of this Section. (4) The determination of the county board of tax assessors as to questions of fact shall be prima facie correct in any appeal to the county board of equalization.
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(5) (A) The county board of equalization shall determine all questions presented to it on the basis of the best information available to the board. (B) The Commissioner, by regulation, may adopt uniform procedures and standards which, when approved by the State Board of Equalization, shall be followed by county boards of equalization in determining an appeal. (6) (A) Within 15 days of the receipt of the notice of appeal, the county board of equalization shall set a date for hearing

on the questions presented and shall so notify the taxpayer and the county board of tax assessors in writing. A taxpayer may appear before the board concerning any appeal in person, by his authorized agent or representative, or both. The taxpayer shall specify in writing to the board the name of any such agent or representative prior to any appearance by the agent or representative before the board. (B) Within 30 days of the date of notification to the taxpayer of the hearing required in this paragraph, but not earlier than 20 days from the date of notification to the taxpayer of the hearing required in this paragraph, the county board of equalization shall hold such hearing to determine the questions presented. (C) The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each question presented by the appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of the provisions of subsection (h), and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be given to each party by sending a copy of the decision by registered or certified mail to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must participate in the deliberations on any appeal. A majority vote shall be required in any matter. All three members of the board must sign the decision indicating their vote.
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(7) The county governing authority shall furnish the county board of equalization with necessary facilities and secretarial and clerical help. The secretary of the county board of tax assessors shall see that the records and information of the county board of tax assessors are transmitted to the county board of equalization. The county board of equalization must consider in the performance of their duties the information furnished by the county board of tax assessors. (8) The taxpayer or his agent or representative may submit in support of his appeal the most current report of the sales ratio study for the county conducted pursuant to Code Section 91A-1416. The board must consider the study upon any such request. (f) Appeals to the superior court. (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. (2) An appeal by the taxpayer as provided in paragraph (1) shall be effected by filing a written notice of appeal with the county board of tax assessors. An appeal by the county board of tax assessors shall be effected by giving notice to the taxpayer. The notice to the taxpayer shall be dated and contain the name and the last known address of the taxpayer. The notice of appeal shall specifically state the grounds for appeal. The notice in either case shall be filed within 30 days from the date on which the decision of the county board of equalization is mailed pursuant to subsection (e)(6)(B). The county board of tax assessors shall certify to the clerk of the superior court the notice of appeal and any other papers specified by the person appealing including, but not limited to, the staff information from the file used by either
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the county board of tax assessors or the county board of equalization. All papers and information certified to the clerk shall become a part of the record on appeal to the superior court. (3) The appeal shall constitute a de novo action. (4) (A) The appeal shall be heard before a jury at the first term following the filing of the appeal. If only questions of law are presented in the appeal, the appeal shall be heard before the court sitting without a jury as soon as practicable. Each hearing before the court sitting without a jury shall be held within 40 days following the date on which the appeal is filed with the clerk of the superior court. (B) The county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county. If the final determination of value by appeal is less than the valuation set by the county board of equalization, the taxpayer shall receive a deduction in his taxes for the year in question. If the final determination of value on appeal is greater than the valuation set by the county board of equalization, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal. (g) Alternate members. Alternate members of the county board of equalization, in the order in which selected, shall serve: (1) As members of the county board of equalization in the event there is a permanent vacancy on the board created by the death, ineligibility, removal from the county, or incapacitating illness of a member or any other circumstances. An alternate member who fills a permanent vacancy shall be considered a member of the board for the remainder of the unfulfilled term. (2) In any appeal with respect to which a member of the board is disqualified, and be considered as a member of the board. (3) In any appeal at a regularly scheduled or called meeting in the absence of a member, and be

considered as a member of the board.
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(h) Disqualification. (1) No member of the county board of equalization shall serve with respect to any appeal concerning which he would be subject to a challenge for cause if he were a member of a panel of jurors in a civil case involving the same subject matter. (2) The parties to an appeal to the county board of equalization shall file in writing with the appeal, in the case of the person appealing, or, in the case of the county board of tax assessors with the certificate transmitting the appeal, questions relating to the disqualification of members of the county board of equalization. Each such question shall be phrased so that it can be answered by an affirmative or negative response. The members of the county board of equalization shall answer such questions, and any question which may be adopted pursuant to subsection (e)(5)(B), in writing under oath within two days of their receipt of the appeal. Answers of the county board of equalization shall be part of the decision of the board and shall be served on each party by first class mail. Determination of disqualification shall be made by the judge of the superior court on the request of any party when the request is made within two days of the response of the board to such questions. The time prescribed under subsection (e)(6)(A) shall be tolled pending the determination of the judge of the superior court. (i) Compensation. Each member of the county board of equalization shall be compensated by the county per diem for time expended in considering appeals. The compensation shall be paid at a rate of not less than $25 per day and shall be determined by the governing authority of the county. The attendance at required approved appraisal courses shall be part of the official duties of a member of the board and he shall be paid for each day in attendance in such courses and shall be allowed reasonable expenses necessarily incurred in connection with such courses. Compensation pursuant to this subsection shall be paid from the county treasury upon certification by the member of the days expended in consideration of appeals. Section 6. This Act shall become effective January 1, 1982.
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Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 15, 1981. ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDEDTEACHER CERTIFICATION, ETC. No. 781 (House Bill No. 211). AN ACT To amend the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, so as to provide that teachers and other professional personnel who hold life certificates shall be entitled to carry forward that lifetime status if they become qualified by reason of additional training for a next higher level of certification in the same field; 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 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 Section 55 a new subsection (d) to read as follows: (d) All teachers and other professional personnel who hold life certificates shall be entitled to carry forward that lifetime status if they become qualified by reason of additional training for a next higher level of certification in the same field. 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 April 15, 1981. FINANCIAL INSTITUTIONS CODE OF GEORGIA AMENDED. Code Title 41A Amended. No. 782 (House Bill No. 422). AN ACT To amend Code Title 41A, known as the Financial Institutions Code of Georgia, as amended, so as to redefine the term savings bank; to provide that a bank desiring to operate as a state savings and loan association shall so state in its articles; to provide that a state savings and loan association may apply to the department for permission to become a commercial bank under certain conditions; to provide that savings banks and state savings and loan associations shall provide their depositors with deposit insurance coverage; to provide for the applicability of rules and regulations; to provide the procedures for conversion, merger, or consolidation of a federal savings and loan association; to provide for the conversion of a building and loan association into a savings bank or state building and loan association; to provide for other matters relative to the foregoing; to provide for certain editorial 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. Code Title 41A, known as the Financial Institutions Code of Georgia, as amended, is hereby amended by striking subsection (ff) of Code Section 41A-102 in its entirety and inserting in lieu thereof a new subsection (ff) to read as follows:
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(ff) `Savings bank' or `state savings and loan association' shall mean a bank which pays interest on substantially all of its depositors' funds and the majority of whose loans are secured by first liens on or other security interest in residential real property or upon the security of its deposits. Section 2. Said Code title is further amended by striking Code Section 41A-1314 in its entirety and inserting in lieu thereof a new Code Section 41A-1314 to read as follows: 41A-1314. Savings bank powers and exemptions. (a) A bank desiring to be accorded treatment under this Code as a savings bank or state savings and loan association shall so state in its articles. (b) A savings bank or a state savings and loan association may apply to the department for permission to relinquish its status as a savings bank or state savings and loan association and become a commercial bank by filing an appropriate amendment to its articles. The department may exercise its discretion in determining whether to approve such a change and shall consider in connection therewith the same criteria considered in approving the original articles of incorporation. (c) A savings bank shall provide its depositors with deposit insurance coverage pursuant to those deposit insurance provisions of this Code applicable to commercial banks. A state savings and loan association shall provide its depositors, but not its shareholders, with deposit insurance coverage pursuant to those deposit insurance provisions of this Code applicable to building and loan associations. (d) Unless specifically exempt therein, all rules and regulations promulgated by the department and applicable to commercial banks shall be applicable to a savings bank; all such rules and regulations applicable to building and loan associations shall be applicable to a state savings and loan association. Provided, however, a state savings and loan association shall be subject to the same laws and regulations applicable to commercial banks which govern the establishment and operation of branch banks, bank offices, and bank facilities. (e) The conversion, merger, or consolidation of a federal savings and loan association shall be accomplished pursuant to the same procedures as are prescribed in this Code for a conversion, merger, and consolidation involving a national bank. Conversion of a building
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and loan association into a savings bank or state savings and loan association may be made with the approval of the department and an appropriate amendment of the articles of incorporation of the association. In considering any plan for the conversion, merger, or consolidation of a federal savings and loan association or conversion of a building and loan association, the department shall not approve the plan unless it is satisfied that such plan is fair and equitable to all borrowers, depositors, and shareholders. Section 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 15, 1981. JOINT CORRECTIONAL INSTITUTION STUDY COMMITTEE. No. 81 (Senate Resolution No. 61). A RESOLUTION Creating the Joint Correctional Institution Study Committee; and for other purposes. WHEREAS, the State of Georgia continues to experience overcrowded conditions in all its correctional institutions; and WHEREAS, it is incumbent upon the General Assembly of Georgia to provide adequate correctional facilities for all individuals subject to incarceration so as to protect the citizens of Georgia; and WHEREAS, the Atlanta Federal Penitentiary is scheduled for closing on September 1, 1984, and that facility offers great potential and could serve many of the needs of the Department of Offender Rehabilitation; and
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WHEREAS, it is important that the State of Georgia undertake an investigation of all alternatives and their costs that are available in converting the Atlanta Federal Penitentiary to a usable facility for the State of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Joint Correctional Institution Study Committee to be composed of ten members as follows: four members of the Senate who shall be appointed by the President of the Senate, four members of the House of Representatives who shall be appointed by the Speaker of the House of Representatives, and two members who shall be appointed by the Governor. The chairman and vice chairman of the committee shall be elected by the appointed members of the committee. However, the vice chairman must be a member of the other house. The first meeting shall be called by the President of the Senate. BE IT FURTHER RESOLVED that 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 efficiently its powers, perform its duties, and accomplish the objectives and purposes of this resolution. State officials and employees serving on the committee or assisting the committee shall receive no additional compensation for their services but shall be reimbursed for expenses incurred by them. The funds necessary for the reimbursement of these officials and employees shall come from funds appropriated or otherwise available to the respective departments. Each legislative member of the committee shall receive for his service on the committee the expenses and allowances authorized by law for members of interim legislative committees. The committee shall meet for no more than 15 days. Funds necessary to carry out the provisions of this resolution, except as

otherwise 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, 1981, at which time the committee shall stand abolished. Approved April 17, 1981.
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REGULATION OF DEALERS IN PRECIOUS METALS OR GEMS, ETC. No. 783 (Senate Bill No. 1). AN ACT To provide for the regulation of certain dealers in precious metals or gems; to define certain terms; to require registration of dealers in precious metals or gems; to provide for maintaining certain permanent records of purchases of precious metals or gems or goods made from precious metals or gems; to specify the content and form of such records; to provide for the mailing of written reports; to provide for the inspection of said records by duly authorized law enforcement officers and certain other persons; to provide for certain requirements and unlawful activities and for penalties in connection therewith; to provide for the construction of local laws and requirements for licensure and the imposition of additional requirements or qualifications at the local level; to provide for exemptions; 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. Definitions. As used in this Act, the term: (1) Chief law enforcement officer means: (A) The sheriff of the county if the governing authority has not established a county police department; or (B) The chief of the county police department if the governing authority has established a county police department; or (C) The chief of police of the municipality. (2) Dealer in precious metals or gems means any person engaged in the business of purchasing precious metals or gems or goods made from precious metals or gems from persons or sources other than manufacturers or manufacturers' representatives or other dealers in precious metals or gems or a person engaged in any other business if, in conjunction with such business, precious
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metals or gems or goods made from precious metals or gems are purchased from persons or sources other than manufacturers or manufacturers' representatives or other dealers in precious metals or gems where the said purchase is for resale in its original form or as changed by remounting, melting, reforming, remolding, or recasting or for resale as scrap or in bulk. (3) Gems means any precious or semiprecious stone cut and polished. (4) Numismatic coins means coins whose value as collectors' items exceeds the value of the content of the precious metals in the coins. (5) Person means an individual, partnership, corporation, joint venture, trust, association, or any other legal entity however organized. (6) Precious metals means gold, silver, or platinum or any alloy containing gold, silver, or platinum. Section 2. Registration as a dealer in precious metals or gems. (a) (1) No person shall engage in business as a dealer in precious metals or gems until he has registered as a dealer in precious metals or gems for each separate place of business as provided herein. The registration shall be in writing and shall be sworn to or affirmed by the dealer in precious metals or gems. If the dealer's place of business is located within a municipality, the dealer shall register with the chief of police of the municipality. If the dealer's place of business is not located within a municipality, the dealer shall register with the sheriff of the county unless the county has a county police department in which event the dealer shall register with the county police department. As to any registration with the chief of police of a municipality or a county police department, a copy of each registration shall be transmitted by him to the sheriff of the county within seven days of the registration. The sheriff of the county shall maintain a record of all registrations which shall be available for public inspection. (2) The registration shall contain the name, address, and age of the dealer in precious metals or gems together with the
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names, addresses, and ages of all other persons having an ownership interest or actually employed in the business other than publicly held corporations. (3) No person shall be eligible to register as a dealer in precious metals or gems if any employee or stockholder, other than stockholders owning less than 10 percent of the outstanding shares of a publicly held corporation, has been convicted of a felony under the laws of this state or any other state or the United States. This provision shall not apply to any person who has been convicted of a felony after ten years have expired from the date of completion of the felony sentence. (4) All registrations shall contain the address of the premises upon which the business is conducted and the zoning and planning classification of the premises. (5) Each dealer shall be required to notify the chief law enforcement officer of the county or the municipality in which the dealer is registered within seven calendar days of any change of address of the dealer or business or any change of ownership in the business. As to any notification with the chief of police of a municipality or a county police department, a copy of the change of address or ownership in the business shall be transmitted to the sheriff of the county within seven days of the notification. (b) Each applicant for

registration shall possess a current business license in the county or municipality or shall pay an initial registration fee of $25.00 to be retained by the county or municipality to cover the cost of registering such persons. The registration shall be renewed annually upon presentation of a current business license by the dealer or by payment of a renewal fee of $10.00. (c) Nothing contained in this section shall be construed so as to authorize any person to transact business as a dealer in precious metals and gems without purchasing a current business license if required by the county or municipality. Section 3. Permanent records required; content. (a) Every dealer in precious metals or gems shall maintain a book, in permanent form, in which shall be entered at the time of each purchase of precious metals or gems or goods made from precious metals or gems the following:
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(1) The date and time of the purchase transaction; (2) The name of the person making the purchase from the seller; (3) The name, age, and address of the seller of the items purchased and the distinctive number from such seller's driver's license or other similar identification card containing a photo of the seller; (4) A clear and accurate identification and description of the purchased goods, including the serial, model, or other number, and all identifying marks inscribed thereon; (5) The price paid for the goods purchased; (6) The number of the check issued for the purchase price if payment is made by check; and (7) The signature of the seller. (b) The permanent record book required herein shall be in legible English. Entries shall appear in chronological order. No blank lines may be left between entries. No obliterations, alterations, or erasures may be made. Corrections shall be made by drawing a line of ink through the entry without destroying its legibility. The book shall be maintained for each purchase of precious metals or gems or goods made from precious metals or gems for at least two years. The book shall be open to the inspection of any duly authorized law enforcement officer during the ordinary hours of business or at any reasonable time. (c) Dealers exclusively engaged in buying or exchanging for merchandise scrap dental gold and silver from licensed dentists by registered or certified mail may record the post office record of the mailed parcel in lieu of the seller's age and driver's license number as required in paragraph (3) of subsection (a) of this section and in lieu of the seller's signature as required in paragraph (7) of subsection (a) of this section. Section 4. Written reports required. (a) Every dealer in precious metals or gems shall make a report in writing to the chief law enforcement officer of the county or municipality in which he is
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registered of all precious metals or gems or goods made from precious metals or gems purchased on the day previous to the date of the report on forms approved or prescribed by the chief law enforcement officer of the county or the municipality. The report shall contain the information specified in paragraphs (1) through (5) of subsection (a) of Section 3 and shall be typewritten or handwritten in legible English and mailed or delivered to the chief law enforcement officer of the county or the municipality within 24 hours after the day on which the transactions occurred. (b) (1) All reports shall be maintained in a locked container under the direct supervision of the chief law enforcement officer of the county or municipality and shall be available for inspection only for law enforcement purposes. (2) The chief law enforcement officer of the county or municipality may, in his discretion, authorize any person to inspect the reports in an effort to locate stolen property who demonstrates theft of precious metals or gems by the presenting of an incident report or other similar document. Section 5. Requirements; unlawful activities; penalties. (a) It shall be unlawful for any dealer in precious metals or gems or any agent or employee of a dealer in precious metals or gems who makes purchases of precious metals or gems or of goods made from precious metals or gems to: (1) Make any false statement in the registration provided for in Section 2; or (2) Fail to maintain and make entries in the permanent record book as required by Section 3 of this Act; or (3) Make any false entry therein; or (4) Falsify, obliterate, destroy, or remove from the place of business such permanent record book; or (5) Refuse to allow any duly authorized law enforcement officer to inspect such permanent record book, or any precious metals or gems or goods made from precious metals or gems in his possession, during the ordinary hours of business or at any reasonable time; or
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(6) Sell, exchange, or remove from the legal possession of the buyer or to alter the form of any precious metals or gems or goods made from precious metals or gems purchased by remounting, melting, cutting up, or otherwise altering the original form until at least seven calendar days have elapsed from the time of purchase or acquisition; or (7) Fail to make the written report as required in Section 4; or (8) Purchase any precious metals or gems from any person under 17 years of age. (b) It shall be unlawful for any person to advertise or transact business as a dealer in precious metals or gems without first registering pursuant to the provisions of Section 2. (c) It shall be unlawful for any dealer in precious

metals or gems to purchase precious metals in a melted or smelted state unless the purchase is from a registered dealer in precious metals or gems. (d) If the chief law enforcement officer of the county or municipality has probable cause to believe that the precious metals or gems have been stolen, he may give notice in writing to the dealer to retain the precious metals or gems for an additional 15 days and it shall be unlawful for the dealer to dispose of the property unless the notice is revoked in writing within the 15 day period. Section 6. Penalties. Any person violating the provisions of subsection (a), (b), (c), or (d) of Section 5 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Section 7. Local laws. No provision of this Act shall be construed as prohibiting or preventing a county or municipality from licensing dealers in precious metals or gems; or from establishing and imposing additional requirements or qualifications on dealers in precious metals or gems. Section 8. Exemptions. The provisions of this Act shall not apply to dealers exclusively engaged in the sale or exchange of numismatic coins or to transactions exclusively involving numismatic coins or other coinage.
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Section 9. Effective date. This Act shall become effective on July 1, 1981. Section 10. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1981. CRIMESPENALTY PROVISIONS RELATING TO THEFT. Code Chapter 26-18 Amended. No. 784 (Senate Bill No. 82). AN ACT To amend Code Chapter 26-18 of the Criminal Code of Georgia, relating to theft offenses, as amended, particularly by an Act approved April 28, 1969 (Ga. Laws 1969, p. 857), an Act approved April 3, 1972 (Ga. Laws 1972, p. 841), and an Act approved April 3, 1978 (Ga. Laws 1978, p. 1457), so as to change the penalty provisions relating to certain crimes of theft; to provide the punishment for the offense of motor vehicle theft and related offenses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-18 of the Criminal Code of Georgia, relating to theft offenses, as amended, particularly by an Act approved April 28, 1969 (Ga. Laws 1969, p. 857), an Act approved April 3, 1972 (Ga. Laws 1972, p. 841), and an Act approved April 3, 1978 (Ga. Laws 1978, p. 1457), is hereby amended by striking from subsection (a) of Code Section 26-1812 the following: or was an automobile or other motor vehicle,,
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and by adding at the end thereof a new subsection, to be designated subsection (c), to read as follows: (c) (1) The provisions of subsection (a) notwithstanding, if the property which was the subject of the theft was a motor vehicle or was a motor vehicle part or component which exceeded $100.00 in value, by imprisonment for not less than one nor more than 20 years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who shall be convicted of a second offense under this subsection shall be punished by imprisonment in the penitentiary for not less than five years, no portion of which may be suspended, probated, deferred, or withheld; and any person who shall be convicted of a third offense under this subsection shall be punished by imprisonment in the penitentiary for not less than ten years, no portion of which may be suspended, probated, deferred, or withheld. (2) Subsequent offenses committed under this subsection, including those which may have been committed after prior felony convictions unrelated to this subsection, shall be punished as provided in Code Section 27-2511., so that when so amended Code Section 26-1812 shall read as follows: 26-1812. Punishment. A person convicted of violation of Code Sections 26-1802, 26-1803, 26-1805, 26-1806, 26-1807, 26-1808, 26-1815, and 26-1816 shall be punished as for a misdemeanor except: (a) If the property which was the subject of the theft exceeded $200.00 in value, by imprisonment for not less than one and not more than ten years, or, in the discretion of the trial judge, as for a misdemeanor; (b) If the property was taken by a fiduciary in breach of a fiduciary obligation, or by an officer or employee of a government or a financial institution in breach of his duties as such officer or employee, by imprisonment for not less than one nor more than 15 years. (c) (1) The provisions of subsection (a) notwithstanding, if the property which was the subject of the theft was a motor vehicle or was a motor vehicle part or component which exceeded $100.00 in value, by imprisonment for not less than one nor more than 20
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years, or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who shall be convicted of a second offense under this subsection shall be punished by imprisonment in the penitentiary for not less than three years nor more than twenty years, no portion of which may be suspended, probated, deferred, or withheld; and any person who shall be convicted of a third offense under this subsection shall be punished by imprisonment in the penitentiary for not less than ten years nor more than 20 years, no portion of which may be suspended, probated, deferred, or withheld. (2) Subsequent offenses committed under this subsection, including those which may have been committed

after prior felony convictions unrelated to this subsection, shall be punished as provided in Code Section 27-2511. Section 2. Said Code chapter is further amended by striking Code Section 26-1813, relating to motor vehicle theft and related offenses, in its entirety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1981. CRIMESDISPLAY AND SALE OF CERTAIN MATERIALS TO MINORS. Code Chapter 26-35 Enacted. No. 785 (House Bill No. 556). AN ACT To amend Code Title 26, known as the Criminal Code of Georgia, as amended, so as to prohibit the display or sale of certain materials to minors; to provide for definitions; to provide for penalties;
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to provide for other matters relative to the foregoing; to repeal a specific Act; 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 of Georgia, as amended, is hereby amended by adding immediately following Code Chapter 26-34 a new Code Chapter 2635 to read as follows: Chapter 26-35. Sale or display of certain materials to minors prohibited. 26-3501. Definitions. For the purposes of this Code Chapter: (1) `Minor' means any person under the age of 18 years. (2) `Illicit sex or sexual immorality' means: (A) Human genitals in a state of sexual stimulation or arousal; or (B) Acts of human masturbation, sexual intercourse, or sodomy; or (C) Fondling or other erotic touching of human genitals, pubic regions, buttock, or female breast; or (D) Display of human genitals or pubic region to a member of the opposite sex. (3) `Nude or partially denuded figures' means: (A) Less than completely and opaquely covered: (i) Human genitals; or (ii) Pubic regions; or (iii) Buttocks; or (iv) Female breast below a point immediately above the top of the areola; or
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(B) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (4) `Knowingly' means actual or constructive knowledge and `constructive knowledge' means knowledge of facts which would put a reasonable and prudent person on notice of violation of this Code Chapter. 26-3502. Unlawful disposition of material to minors. It shall be unlawful for any person knowingly to engage in the business of selling, lending, giving away, showing, advertising for sale, or distributing to any minor; or to have in his possession with intent to engage in the said business; or otherwise to offer for sale or commercial distribution to any minor; or to display in public or at newsstands or any other business establishment frequented by minors or where minors are or may be invited as a part of the general public any motion picture or live show, or any still picture, drawing, sculpture, photograph, or any book, pocket book, pamphlet, or magazine the cover or content of which contains descriptions or depictions of illicit sex or sexual immorality or which is lewd, lascivious, or indecent, or which contains pictures of nude or partially denuded figures posed or presented in a manner to provoke or arouse lust or passion or to exploit sex, lust, or perversion for commercial gain, or any article or instrument of indecent or immoral use. 26-3503. Unlawful admission of minors. It shall be unlawful for any person knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor to the premises whereon there is exhibited a motion picture, show, or other presentation the exhibition of which to a minor would violate any of the provisions of this Code Chapter. 26-3504. Punishment. Any person convicted for the violation of any provision of this Code Chapter shall be punished as for a misdemeanor of a high and aggravated nature. Section 2. An Act prohibiting the sale or delivery of certain harmful material to minors, approved April 2, 1969 (Ga. Laws 1969, p. 222), is hereby repealed in its entirety.
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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1981. ELECTIONS IN CERTAIN COUNTIES (400,000 - 525,000). Code Section 87-201 Amended. No. 787 (House Bill No. 8). AN ACT To amend Code Section 87-201, relating to the manner in which elections shall be held by counties, municipalities, or divisions on the issuance of bonds, as amended, particularly by an Act approved April 8, 1968 (Ga. Laws 1968, p. 1007), which provided additional requirements for counties of this state having a population of not less than 250,000 and not more than 500,000 according to the United States decennial census of 1960 or any future such census and by an Act approved March 31, 1976 (Ga. Laws 1976, p. 1091), so as to change the population classification; to change the provisions relating to the use of interest received from bond funds which have been invested; to provide for the applicability of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 87-201, relating to the manner in which elections shall be held by counties, municipalities, or divisions on the issuance of bonds, as amended, particularly by an Act approved April 8, 1968 (Ga. Laws 1968, p. 1007), which provided additional requirements for counties of this state having a population

of not less than 250,000 and not more than 500,000 according to the United States decennial census of 1960 or any future such census and by an Act approved March 31, 1976 (Ga. Laws 1976, p. 1091), is hereby amended
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by striking in its entirety the first paragraph added by said Act approved April 8, 1968 (Ga. Laws 1968, p. 1007), as amended by said Act approved March 31, 1976 (Ga. Laws 1976, p. 1091), and inserting in lieu thereof a new paragraph to read as follows: Provided, however, in all counties of this State having a population of not less than 400,000 and not more than 525,000 according to the U. S. decennial census of 1960 or any future such census, every legal advertisement of a bond election shall contain a reference that any brochures, listings or other advertisements issued by the governing body in such counties, or by any other person, firm, corporation or association with the knowledge and consent of the governing body in such counties shall be deemed to be a statement of intention of the governing body in such counties concerning the use of the bond funds, and such statement of intention shall be binding on the governing body in such counties in the expenditure of any such bond funds or interest received from such bond funds which have been invested, unless the governing body in such counties uses such bond funds for the retirement of bonded indebtedness, in the manner hereinafter provided, and such statement of intention shall be set forth in the resolution pursuant to which such bonds are issued. Bond funds and interest received from such bond funds which have been invested shall be expended in the manner in which advertised and for the purpose stated in such statement of intention. The governing body in such counties may, by a two-thirds vote, declare any project which has been established pursuant to any such statement of intention to be unnecessary. In that event, the governing body of such counties shall use such bond funds for the payment of all or any part of the principal and interest on any bonded indebtedness of such county then outstanding. Surpluses from the overestimated projects, including interest received on bond funds of such projects, shall be used first to complete underestimated projects and all remaining funds received from interest and overestimated projects shall be used for other projects or improvements which the governing body in such counties may deem necessary and which are encompassed within the language of the statement of purpose in the election notice. Any meetings of any governing bodies at which any bond fund allocation is made shall be open to the public. Such meetings shall be announced to the news media in advance and shall be open to the news media. Section 2. This Act shall apply to all bonds issued on and after the effective date of this 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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1981. GEORGIA SECURITIES ACT OF 1973 AMENDED. No. 788 (House Bill No. 23). AN ACT To amend an Act regulating the sale of securities in this state, known as the Georgia Securities Act of 1973, approved April 18, 1973 (Ga. Laws 1973, p. 1202), as amended, particularly by an Act approved March 19, 1974 (Ga. Laws 1974, p. 284), so as to empower the Commissioner of Securities to designate record depositories; to provide for participation in a Central Registration Depository (CRD) system; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating the sale of securities in this state, known as the Georgia Securities Act of 1973, approved April 18, 1973 (Ga. Laws 1973, p. 1202), as amended, particularly by an Act approved March 19, 1974 (Ga. 1974, p. 284), is hereby amended by inserting at the end of Section 10 of said Act a new subsection, to be designated subsection (g), to read as follows: (g) The Commissioner may designate filing depositories for all records required to be filed and maintained under this Act. Said records may be maintained in original form or by means of microfilm, microfiche, microphotographic reproduction, photographic reproduction, word processing, computerization, or other acceptable reproductive
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methods. The Commissioner is further authorized to participate, in whole or in part, in a Central Registration Depository (CRD) system, in cooperation with the National Association of Securities Dealers, Inc. (NASD), other states, and the United States, to the extent he deems participation to be in the public interest of the State of Georgia., so that when so amended Section 10 of said Act shall read as follows: Section 10. Administration. (a) The administration of the provisions of this Act shall be vested in the Secretary of State, who is hereby designated Commissioner of Securities. (b) The Commissioner shall have the authority to administer oaths in, and to prescribe forms for, all matters arising under this Act. The Commissioner shall cooperate with the administrators of the securities laws of other states and of the United States with a view to assisting those administrators in the enforcement of their securities laws and to achieving maximum

uniformity in the interpretation of like provisions of the laws administered by them and in the form which are required to be filed under such laws. (c) The Commissioner shall have authority to employ examiners, clerks and stenographers and other employees as the administration of that portion of this law vested in him may require. The Commissioner shall also have authority to appoint and employ investigators who shall have, in any case that there is reason to believe a violation of this Act has occurred or is about to occur, the right and power to serve subpoenas and to swear out and execute search warrants and arrest warrants. (d) The Commissioner shall have the power to make such rules and regulations from time to time as he may deem necessary and proper for the enforcement of this law. Such rules and regulations shall be adopted, promulgated and contested as provided in the Georgia Administrative Procedure Act. (e) The Commissioner, or any persons employed by him, shall be paid, in addition to their regular compensation, the transportation fare, board, lodging and other traveling expenses necessary and actually incurred by each of them in the performance of their duties under this Act.
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(f) The Commissioner shall appoint, with the approval of the Governor, a person as Assistant Commissioner, and delegate such of his powers and duties hereunder to such Assistant Commissioner as he desires. (g) The Commissioner may designate filing depositories for all records required to be filed and maintained under this Act. Said records may be maintained in original form or by means of microfilm, microfiche, microphotographic reproduction, photographic reproduction, word processing, computerization, or other acceptable reproductive methods. The Commissioner is further authorized to participate, in whole or in part, in a Central Registration Depository (CRD) system, in cooperation with the National Association of Securities Dealers, Inc. (NASD), other states, and the United States, to the extent he deems participation to be in the public interest of the State of Georgia. 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 17, 1981. WORKERS' COMPENSATION ACT AMENDED. Code Title 114 Amended. No. 789 (House Bill No. 131). AN ACT To amend Code Title 114, relating to workers' compensation, as amended, so as to redefine the term employee; to provide the basis of computing compensation for certain employees; to change the provisions relating to the issuance of standard Workers' Compensation
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insurance policies; to amend an Act known as the Georgia Military Forces Reorganization Act of 1955, approved February 2, 1955 (Ga. Laws 1955, p. 10), as amended, so as to delete the provisions relating to pay and care when injured or disabled in service; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 114, relating to workers' compensation, as amended, is hereby amended by adding a new paragraph at the end of Code Section 114-101 to read as follows: For the purpose of workers' compensation coverage only, members of the Georgia National Guard serving on state active duty pursuant to an order by the Governor are deemed and shall be considered to be employees of the State of Georgia. Section 2. Said Code title is further amended by adding a new subsection (5) at the end of Code Section 114-402 to read as follows: (5) The average weekly wage of a member of the Georgia National Guard serving on state active duty pursuant to an order by the Governor shall be seventhirtieths of the monthly pay and allowances of the individual computed in accordance with the provisions of Section 75 of the `Georgia Military Forces Reorganization Act of 1955,' approved February 2, 1955 (Ga. Laws 1955, p. 10), as now or hereafter amended. Section 3. Said Code title is further amended by adding to the first sentence of Code Section 114-613, relating to issuance of standard Workers' Compensation policies, immediately after the word and symbol thereof, the following: at the rate prescribed by the Insurance Commissioner,. Section 4. In the event of any conflict between the provisions of this Act and the provisions of House Bill 432 of the 1981 session of the General Assembly, the provisions of this Act shall govern. Section 5. An Act known as the Georgia Military Forces Reorganization Act of 1955, approved February 2, 1955 (Ga. Laws 1955, p. 10), as amended, is hereby amended by striking Section 76, relating to pay and care when injured or disabled, in its entirety.
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Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1981. GEORGIA ELECTRIC MEMBERSHIP CORPORATION ACT. Code Title 34C Enacted. No. 790 (House Bill No. 136). AN ACT To provide a new Code Title 34C, Electric Membership Corporations; to provide for general provisions; to provide for purposes and powers; to provide for corporate name; to provide for registered office, registered agent, service of process, and venue; to provide for members; to provide for directors and officers; to provide for organization of

electric membership corporations; to provide for amendment of articles of incorporation; to provide for merger and consolidation; to provide for secured transactions, sale, and other disposition of electric membership corporation assets; to provide for dissolution of electric membership corporations; to provide for annual reports; to provide for fees and charges; to make provisions relating to the Secretary of State; to provide for penalties; to provide for foreign electric cooperatives; to provide for miscellaneous provisions; to provide for legislative intent; to provide for other matters relative to the foregoing; to provide for the applicability of the Act; to provide for severability; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Code of Georgia of 1933, as amended, is hereby amended by adding thereto a new Code Title 34C to read as follows:
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TITLE 34C ELECTRIC MEMBERSHIP CORPORATIONS CHAPTER 34C-1 GENERAL PROVISIONS 34C101. Short title of law. This title may be cited as the `Georgia Electric Membership Corporation Act.' 34C-102. Definitions. As used in this title, unless the context otherwise requires: (1) `Address' means a complete mailing address including, whenever practicable, street and number or building and floor. (2) `Articles of incorporation' means the original or restated articles of incorporation or articles of consolidation and all the amendments thereto including articles of merger, and also includes what heretofore have been designated by the laws of this state as charters. (3) `Electric membership corporation' or `EMC' means an electric membership corporation organized under this title or any prior electric membership corporation law of this state, or a corporation which elected, in accordance with the provisions thereof, to be governed by the `Electric Membership Corporation Act,' approved March 30, 1937 (Ga. Laws 1937, p. 644), as amended. (4) `Federal agency' includes the United States of America and any department, administration, commission, board, bureau, office, establishment, agency, authority, or instrumentality of the United States of America heretofore or hereafter created. (5) `Foreign electric cooperative' means a cooperative, nonprofit membership corporation organized under laws other than the laws of this state for the same or similar purposes for which an electric membership corporation may be organized under this title. (6) `Insolvent' means the inability of an electric membership corporation to pay its debts as they become due in the usual course of its business or that an electric membership corporation has liabilities in excess of assets.
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(7) `Member' means a person who has met the requirements and conditions of membership in an electric membership corporation set forth in this title and in the articles of incorporation and bylaws of an electric membership corporation. (8) `Person' includes any natural person, firm, association, electric membership corporation, foreign electric cooperative, corporation, domestic or foreign, business or other trust, partnership, federal agency, state or political subdivision thereof, or any body politic. (9) `Service' means any service or commodity which an electric membership corporation may provide under this title for which value is paid. 34C-103. Application of title. (a) This title shall apply to electric membership corporations but shall not apply to other persons except when expressly so provided in this title. (b) This title shall apply to commerce with foreign nations and among the several states only insofar as the same may be permitted under the Constitution and laws of the United States. (c) This title shall not impair the existence of any electric membership corporation existing on the effective date of this title. Any such existing electric membership corporation and its members, directors, and officers shall have the same rights and be subject to the same limitations, restrictions, liabilities, and penalties as an electric membership corporation formed under this title and its members, directors, and officers. (d) If the articles of incorporation or the bylaws of an electric membership corporation in existence on the effective date of this title contain any provisions which were not authorized or permitted by the prior electric membership corporation law of this state but which are authorized or permitted by this title, such articles of incorporation or bylaw provisions shall be valid on and from the effective date of this title and action may be taken on and from that date in reliance on such provisions. 34C-104. Execution of documents; corporate seal. (a) With respect to any contract, conveyance, or other such document executed by and on behalf of an electric membership corporation or a foreign
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electric cooperative, the presence of the corporate seal, or facsimile thereof, attested by the secretary or an assistant secretary of the corporation shall attest: (1) That the corporate seal, or facsimile thereof, affixed to the document is in fact the seal of the corporation or a true facsimile thereof, as the case may be; and (2) That any officer of the corporation executing the document does in fact occupy the official position indicated; that one in such position is duly authorized to execute such document on behalf of the corporation; and that the signature of such officer subscribed thereto is genuine;

and (3) That the execution of the document on behalf of the corporation has been duly authorized. (b) When the seal of an electric membership corporation or facsimile thereof is affixed to any document and is attested by the secretary or an assistant secretary of an electric membership corporation, a third party without knowledge, or reason to know, to the contrary, may rely on such document as being what it purports to be. (c) When other provisions of this title require a document to be executed as provided in this Code section, the document shall be signed by the president or other chief executive officer, or a vice president, and his signature shall be attested by the secretary or an assistant secretary. If the corporate seal is affixed, the signature of the secretary or assistant secretary shall also attest the seal. (d) The seal of the electric membership corporation may, but need not, be affixed to any document executed in accordance with this title; and its absence therefrom shall not impair the validity of the document or of any action taken in pursuance thereof or in reliance thereon. (e) Deeds or other transfer instruments requiring execution after the dissolution of an electric membership corporation may be signed by any two of the last officers or directors of the electric membership corporation and shall operate to convey the interest of the electric membership corporation in the real estate or other property described.
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34C-105. Filing of documents. (a) Whenever this title requires any document to be delivered for filing as provided in this title, unless otherwise specifically stated in this title and subject to any additional provisions of this title, such requirement shall mean that: (1) The original executed document, together with a conformed copy thereof, shall be delivered to the office of the Secretary of State. (2) All fees required for filing the document shall be tendered to the Secretary of State. (3) Upon delivery of the documents, and upon tender of the required fees, the Secretary of State shall certify that the original has been filed in his office by endorsing upon the original the word `filed' and the hour, day, month, and year thereof. Such endorsement shall be known as the `filing date' of the document and shall be conclusive of the date of filing in the absence of actual fraud. The Secretary of State shall thereafter file and index the original. (4) The Secretary of State shall immediately compare the conformed copy with the original and, if he finds that they are identical, he shall certify the conformed copy by making upon it the same endorsement which is required to appear upon the original, together with a further endorsement that the conformed copy is a true copy of the original document. (5) The conformed copy, so certified, shall be returned to the person or persons delivering the documents to the Secretary of State or to the designee of such person or persons; and it shall be retained as part of the permanent records of the electric membership corporation or foreign electric cooperative. (b) Whenever any document authorized to be filed with the Secretary of State under this title has been so filed and contains errors in, inaccuracies in, or omissions of information required by this title, is an inaccurate record of the action therein referred to, or was defectively or erroneously executed or sealed, such document may be corrected by filing articles of correction with the Secretary of State. The articles of correction shall specify the error, inaccuracy, omission, or defect to be corrected and shall set forth the portion of the document in corrected form. Except as set forth in subsection (c) of this Code section, the procedure for filing articles of correction shall
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be the same as would be required under this title for filing the document being corrected. The corrected document shall be effective as of the effective date of the original document, except as to those persons who are substantially and adversely affected by the correction; and, as to those persons, the corrected document shall be effective from the filing date of the articles of correction. (c) No fee shall be payable to the Secretary of State for filing the articles of correction. The filing of the articles of correction as authorized in subsection (b) of this Code section shall not require the republication of any notice previously published in connection with the filing of the original document unless the error, inaccuracy, omission, or defect in the original document relates to information which was disclosed in the notice. In the event the error, inaccuracy, omission, or defect in the original document relates to information disclosed in the notice, a new notice shall be published in the same manner as the original publication. The publisher's fee for republication shall be the same as the fee for the original publication. 34C-106. Certificates and certified copies to be received in evidence; certification of documents by Secretary of State. (a) All certificates issued by the Secretary of State in accordance with this title and all copies of documents filed in his office in accordance with this title, when certified by him, shall be taken and received in all courts, public offices, and official bodies as prima-facie evidence of the facts therein stated. A certificate by the Secretary of State under the seal of his office as to the existence or nonexistence of facts relating to electric membership corporations or foreign electric cooperatives shall be taken and received in all courts, public offices, and official bodies as prima-facie evidence of the existence or nonexistence of the facts therein stated. (b) The Secretary of State, at any time upon the request of any person, shall make and certify additional copies of any document filed with his office and of the

certificate, if any, issued by the Secretary of State in connection with the filing of the document, under this title, upon payment to him of the fee provided for in Code Section 34C-1403. 34C-107. Reservation of power. The General Assembly shall at all times have power to prescribe such regulations, provisions, and limitations as it may deem advisable, which regulations, provisions, and limitations shall be binding upon any and all persons which are
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subject to this title, and the General Assembly shall have power to amend, repeal, or modify this title at pleasure. 34C108. No effect on `Georgia Territorial Electric Service Act.' Nothing in this title repeals, or is intended to repeal, either expressly or by implication, any provision of the `Georgia Territorial Electric Service Act,' approved March 29, 1973 (Ga. Laws 1973, p. 200). CHAPTER 34C-2 PURPOSES AND POWERS OF ELECTRIC MEMBERSHIP CORPORATIONS 34C-201. Purposes. An electric membership corporation may serve any one or more of the following purposes: (1) To furnish electrical energy and service. (2) To assist its members in the efficient and economical use of energy. (3) To engage in research and to promote and develop energy conservation and sources and methods of conserving, producing, converting, and delivering energy. (4) To engage in any lawful act or activity necessary or convenient to effect the foregoing purposes. 34C-202. General powers. (a) Subject to any limitations provided in this title or in any other law, and consistent with the purposes set forth herein, each electric membership corporation: (1) Shall exist under articles of incorporation. (2) Shall have perpetual duration unless a limited period of duration is stated in its articles of incorporation; provided, however, each electric membership corporation existing, or continuing to operate as an electric membership corporation after the expiration of the period of duration stated in its articles of incorporation or any renewal thereof, on the effective date of this title, shall have perpetual duration unless its articles of incorporation are amended under this title to provide for a limited period of duration. The existence of any such electric membership corporation whose articles of incorporation were expired on the effective
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date of this title shall be deemed to have continued without interruption from the date of such expiration. (3) Shall have power: (A) To cease its corporate activities and surrender its corporate franchise. (B) To renew or revive its corporate existence in case a limited period of duration is fixed in its articles of incorporation. (C) To sue and be sued, complain and defend, in all courts and to participate in any judicial, administrative, arbitrative, or other action or proceeding. (b) Subject to any limitations provided in this title or in any other law, and consistent with the purposes set forth herein, each electric membership corporation shall have power: (1) To conduct its business, carry on its operations, have offices, and exercise its powers granted by this title anywhere in the world. (2) To make and alter bylaws, not inconsistent with its articles of incorporation or with the laws of this state, for the administration and regulation of the affairs of the electric membership corporation. (3) To elect, appoint, or hire officers, employees, and other agents of the electric membership corporation, define their duties, and fix their compensation and the compensation of directors. (4) To have a corporate seal which may be altered at pleasure and to use the seal by causing it, or a facsimile thereof, to be impressed or affixed or in any other manner reproduced. (5) To purchase, take, receive by gift, will, or otherwise, lease, or otherwise acquire, own, hold, improve, use, and otherwise deal in and with real or personal property, or any interest therein, wherever situated.
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(6) To sell, convey, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets, or any interest therein, wherever situated. (7) To generate, manufacture, purchase, acquire, and accumulate electricity and to transmit, distribute, sell, furnish, and dispose of such electricity. (8) To assist its members in any manner in the efficient and economical use of energy including, but not limited to, the installation of wiring, insulation, electrical machinery, supplies, apparatus, and equipment of any and all kinds or character. (9) To acquire, own, hold, use, exercise, and, to the extent permitted by law, to sell, mortgage, pledge, hypothecate, and in any manner dispose of franchises, rights, privileges, licenses, rights of way, and easements necessary, useful, or appropriate. Any such electric membership corporation shall have the right to acquire rights of way, easements, and all interests in realty necessary and appropriate to effectuate the purposes of such electric membership corporation by condemnation under the same procedure and terms as provided by an Act providing an additional procedure for the exercise of the power of eminent domain, approved March 13, 1957 (Ga. Laws 1957, p. 387), as amended, and by Code Chapters 36-3, 36-4, 36-5, 36-6, and 36-11, all as now in effect or as hereafter amended, and any other law of this state now or hereafter in effect which provides a method or procedure for the condemnation of property for public purposes by all persons or corporations having the privilege of

exercising the right of eminent domain. (10) In connection with the acquisition, construction, improvement, operation, or maintenance of its lines, to use any highway or any right of way, easement, or other similar property right owned or held by the state or any political subdivision thereof subject to reasonable rules and regulations as to safety as may be promulgated by the State Transportation Board or subject to such reasonable terms and conditions as the governing body of such political subdivision shall determine. (11) To make any and all contracts necessary or convenient for the exercise of the powers granted in this title including, but not limited to, contracts with any person, federal agency, or
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municipality for the purchase or sale of energy and in connection with any such contract to stipulate and agree to such convenants, terms, and conditions as the board of directors may deem appropriate including, but not limited to, covenants, terms, and conditions with respect to resale rates, financial and accounting methods, services, operation and maintenance practices, and the manner of disposing of the revenues of the system operated and maintained by the electric membership corporation. (12) To make and enter into contracts of guaranty, whether or not the electric membership corporation has a direct interest in the subject matter of the contract with respect to which it acts as guarantor or surety. (13) To incur obligations and liabilities, borrow money, issue its notes, bonds, and other obligations, and to execute and deliver any one or more mortgages, deeds of trust, or deeds to secure debt covering, or to create by other means a security interest in, any or all of the real or personal property, assets, rights, privileges, licenses, franchises, and permits of the electric membership corporation, or any interest therein, as well as the revenues therefrom, whether acquired or to be acquired, and wherever situated, for the purpose of securing the payment or performance of any one or more contracts, notes, bonds, or other obligations of the electric membership corporation. (14) To purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, lend, or otherwise dispose of, or mortgage, pledge, create a security interest in, or otherwise encumber, and otherwise use and deal in and with, shares or other interests in or obligations of electric membership corporations or other domestic or foreign corporations, whether for profit or not for profit, associations, partnerships, or individuals, or direct or indirect obligations of the United States or of any other government, state, territory, governmental district or municipality or of any instrumentality thereof. (15) To form or acquire the control of other electric membership corporations, foreign electric cooperatives, and other corporations, domestic or foreign. (16) To participate with any other person or persons in any corporation, partnership, transaction, arrangement, operation,
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organization, or venture even if such participation involves sharing or delegation of control with or to others. (17) To lend money, invest and reinvest its funds, and take and hold real and personal property as security for the payment of funds so loaned or invested. (18) To make donations, irrespective of corporate benefit, for the public welfare or for community fund, hospital, charitable, scientific, educational, civic, or similar purposes and in time of war or other national emergency in aid of the national effort with respect thereto. (19) At the request or direction of the United States government or any agency thereof, to transact any lawful business in time of war or national emergency or in aid of national defense. (20) To procure for its benefit insurance on the life of any of its directors, officers, or employees or any other person whose death might cause financial loss to the electric membership corporation. (21) To reimburse and indemnify litigation expenses of directors, officers, and employees and to purchase and maintain liability insurance for their benefit. (22) To purchase and otherwise acquire and dispose of its own securities. (23) To pay pensions and establish and carry out pension, savings, thrift, and other retirement, incentive, and benefit plans, trusts, and provisions for any or all of its directors, officers, and employees. (24) To fix, regulate, and collect rates, fees, rents, or other charges for electric energy and any other facilities, supplies, equipment, or services furnished by the electric membership corporation. (25) To assist any other electric membership corporation in the execution of its purposes and powers under this title.
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(26) To have and exercise all powers necessary or convenient to effect any or all of the purposes for which the electric membership corporation is organized. (c) It shall not be necessary to set forth in the articles of incorporation any of the powers enumerated in this Code section. (d) The articles of incorporation may limit or expand the powers conferred by subsection (b) of this Code section in any manner not inconsistent with any other provisions of this title, any other law, or with the purposes of electric membership corporations. 34C-203. Defense of ultra vires. No act of an electric membership corporation and no conveyance or transfer of real or personal property to or by an electric membership corporation shall

be invalid by reason of the fact that the electric membership corporation was without capacity or power to do such act or to make or receive such conveyance or transfer, but such lack of capacity or power may be asserted: (1) In an action by a member or director against the electric membership corporation to enjoin the doing of any act or the transfer of real or personal property by or to the electric membership corporation unless the plaintiff has assented to the act or transfer in question or in bringing the action is acting in collusion with officials of the electric membership corporation. If the unauthorized act or transfer sought to be enjoined is being, or is to be, performed or made pursuant to any contract to which the electric membership corporation is a party, the court may, if all the parties to the contract are parties to the action and if it deems the same to be equitable, set aside and enjoin the performance of such contract and, in so doing, may allow to the electric membership corporation or to the other parties to the contract, as the case may be, compensation for the loss or damage sustained by either of them which may result from the action of the court in setting aside and enjoining the performance of such contracts; but anticipated profits to be derived from the performance of the contract shall not be awarded by the court as a loss or damage sustained. (2) In an action by the electric membership corporation, whether acting directly or through a receiver, trustee, or other legal representative or through members in a representative suit, against an incumbent or former officer or director of the electric
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membership corporation for loss or damage due to his unauthorized act. (3) In an action by the Attorney General to dissolve the electric membership corporation or in an action by the Attorney General to enjoin the electric membership corporation from the transaction of unauthorized business. 34C-204. Unauthorized assumption of corporate powers. All persons who assume to act as an electric membership corporation before the Secretary of State has issued the certificate of incorporation to the incorporator or incorporators or his or their attorney shall be jointly and severally liable for all debts and liabilities incurred or arising as a result thereof. 34C-205. Limitations as to actions growing out of acquisition of rights of way, etc.; damages recoverable. All rights of action accruing against any electric membership corporation growing out of the acquisition of rights of ways, easements, or the occupying of lands of others by such electric membership corporations shall be barred at the end of 12 months from the date of accrual of such cause of action, and in cases where any such electric membership corporation is now in possession of the lands of others, or in the future, without having condemned said property as provided, and such electric membership corporation is using any such land of another for any of the purposes for which an electric membership corporation may be created under this title, and the owners of the land took no legal steps to prevent the occupation of the land by the electric membership corporation, the rights of the owner of the land shall be limited to whatever damages may have been caused to his realty by such occupation, and this limitation shall apply to all persons whether sui juris or not sui juris. CHAPTER 34C-3 CORPORATE NAME 34C301. Corporate name. (a) The corporate name shall be written in Roman or cursive letters or Arabic or Roman numbers and: (1) Shall contain the words `electric membership corporation' or an abbreviation of such words.
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(2) Shall not contain any word or phrase which indicates or implies: (A) That the electric membership corporation is organized for any purpose other than one or more of the purposes permitted by this title and its articles of incorporation. (B) Anything which, in the reasonable judgment of the Secretary of State, is obscene. (3) Shall not be the same as or confusingly similar to: (A) The name of any electric membership corporation or other corporation, whether for profit or not for profit, existing under the laws of this state. (B) The name of any foreign corporation, whether for profit or not for profit, or any foreign electric cooperative authorized to transact business in this state. (C) A name the exclusive right to which is at the time reserved in the manner provided in Part II of Code Title 22, the `Georgia Nonprofit Corporation Act,' Part I of Code Title 22, the `Georgia Business Corporation Act,' or in this title. (D) The name of a corporation which has in effect a registration of its corporate name as provided in Part I of Code Title 22, the `Georgia Business Corporation Act.' (E) Any name prohibited by any other law of this state. (b) Nothing in this Code section shall: (1) Prevent the use of the name of any electric membership corporation or other corporation, whether domestic or foreign, by an electric membership corporation where the first such electric membership corporation or corporation has consented to such use and the name of the electric membership corporation proposing such use contains other words or characters which distinguish it from the name of the first such electric membership corporation or corporation.
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(2) Require any electric membership corporation existing on the effective date of this title to add to, modity, or otherwise change its corporate name. (3) Abrogate or limit the law as to unfair competition or unfair trade practice nor derogate

from the common law, or principles of equity, or the statutes of this state or of the United States with respect to the right to acquire and protect trade names and trademarks. (c) Any electric membership corporation which is precluded from using its corporate name in another state because such name is the same as or confusingly similar to that of an electric membership corporation or other corporation already authorized to transact business therein or to a name already reserved or registered in such state may amend its articles of incorporation to add to its corporate name, solely for use in such other state, a word, abbreviation, or other distinctive and distinguishing element, such as, for example, the state of its incorporation in parentheses, as may be necessary to resolve any reasonable confusion between the two names. Such amendment shall set forth the state or states as to which it shall apply and the corporate name with such additions shall be the name of the electric membership corporation in such other state or states and shall be used in all of its dealings with the officials of such state or states and in the conduct of its business and affairs in such state or states. (d) The words `electric membership corporation' shall not be used in the corporate name of corporations organized under the laws of this state, or authorized to do business in this state, other than electric membership corporations. 34C-302. Reserved names. (a) The exclusive right to the use of a corporate name may be reserved by: (1) Any person intending to organize an electric membership corporation under this title. (2) Any electric membership corporation intending to change its name. (3) Any foreign electric cooperative intending to make application for a certificate of authority to transact business in this state.
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(4) Any foreign electric cooperative authorized to transact business in this state and intending to change its name. (5) Any person intending to organize a foreign electric cooperative and intending to have such foreign electric cooperative make application for a certificate of authority to transact business in this state. (b) The reservation shall be made by making application to the Secretary of State to reserve a specified corporate name. If the Secretary of State finds that the name is available for corporate use, he shall reserve the name for the exclusive use of the applicant for a period of four calendar months from the date of filing. An extension of this period may be granted by the Secretary of State for good cause shown. (c) Any person or electric membership corporation acquiring the right to use the corporate name of an electric membership corporation or other domestic corporation or of a foreign corporation or foreign electric cooperative authorized to transact business in this state may, on furnishing the Secretary of State satisfactory evidence of such acquisition, reserve the exclusive right to such corporate name for a period of five years. (d) The right to the exclusive use of a specified corporate name reserved as provided in this Code section may be transferred to any person by filing in the office of the Secretary of State a notice of such transfer, executed by the applicant for whom the name was reserved and specifying the name and address of the transferee. (e) The Secretary of State may revoke any reservation if, after hearing in his office, he finds that the application therefor or any transfer was not made in good faith. CHAPTER 34C-4 REGISTERED OFFICE, REGISTERED AGENT, SERVICE OF PROCESS, AND VENUE 34C-401. Registered office and registered agent. (a) Each electric membership corporation shall have and continuously maintain in this state:
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(1) A registered office which may be, but need not be, the same as its place of business; and (2) A registered agent, which agent may be a natural person resident in this state whose business office is identical with such registered office, a domestic corporation, or a foreign corporation authorized to transact business in this state, such domestic or foreign corporation having a business office identical with such registered office. (b) The Secretary of State shall maintain current records, alphabetically arranged by corporate name, of the address of each electric membership corporation's registered office and of the name and address of each electric membership corporation's registered agent. (c) No registered agent shall be appointed without his or its prior written consent. Such written consent shall be filed with or as part of the document first appointing any registered agent and shall be in such form as the Secretary of State may prescribe. 34C-402. Change of registered office or registered agent. (a) An electric membership corporation may change its registered office or change its registered agent, or both, by executing and filing in the office of the Secretary of State a statement setting forth: (1) The name of the electric membership 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 of its then registered agent. (5) If its registered agent is to be changed, the name of its successor registered agent and the written consent of such successor agent to his appointment. (6) That the address of its registered office and the address of the business office of its registered agent, as changed, will be identical.
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(b) If the Secretary of State finds that such statement conforms to subsection (a), 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 registered agent, or both, as the case may be, shall become effective. (c) Any registered agent of an electric membership 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 30 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 the president, secretary, or treasurer of the electric membership corporation for which such agent is acting. Upon such resignation becoming effective, the address of the business office of the resigned registered agent shall no longer be the registered office of the electric membership corporation. (d) A registered agent may change his or its business address and the address of the registered office of any electric membership corporation of which he or it is registered agent to another place within the same county by filing a statement as required in subsection (a) of this Code section except that it need be signed only by the registered agent and need not be responsive to paragraph (5) of subsection (a) of this Code section and must state that a copy of the statement has been mailed or delivered to a representative of such electric membership corporation other than the notifying registered agent. 34C-403. Service of process on electric membership corporations. (a) The registered agent so appointed by an electric membership corporation shall be an agent of such electric membership corporation upon whom any process, notice, or demand required or permitted by law to be served upon the electric membership corporation may be served in the manner provided by law for the service of a summons and complaint. (b) Whenever an electric membership corporation shall fail to appoint or maintain a registered agent in this state or whenever its registered agent cannot with reasonable diligence be found at the registered office, then the Secretary of State shall be an agent of such
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electric membership corporation upon whom any process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him, or with any person having charge of the corporation department of his office, or with any other person or persons designated by the Secretary of State to receive such service, duplicate copies of such process, notice, or demand. In the event any such process, notice, or demand is served on the Secretary of State, he shall immediately cause one of the copies thereof to be forwarded by registered or certified mail, addressed to the electric membership corporation at its registered office or, if there is no registered office, to the last known address of the electric membership corporation or to an officer listed on the most recent annual report filed with the Secretary of State or, if none, to any officer, director, or incorporator of the electric membership corporation as shown by the records of the Secretary of State. Any service so had on the Secretary of State shall be answerable not more than 30 days from the date so mailed by the Secretary of State. The provisions of this subsection may be used notwithstanding any inconsistent provisions of the `Georgia Civil Practice Act,' approved March 18, 1966 (Ga. Laws 1966, p. 609). (c) The Secretary of State shall keep a record of all processes, notices, and demands served upon him under this Code section and shall record therein the time of such service and his action with reference thereto. (d) Nothing herein contained shall limit or affect the right to serve any process, notice, or demand required or permitted by law to be served on an electric membership corporation in any other manner now or hereafter permitted by law. 34C-404. Venue. Notwithstanding the provisions of Section 94-1101 of the Code of Georgia of 1933, venue in proceedings against an electric membership corporation or foreign electric cooperative shall be determined in accordance with the Constitution of this state and the following provisions of this Code section. Unless otherwise required by the Constitution of this state, an electric membership corporation or foreign electric cooperative may be sued only in the county of its residence, as described below: (1) Each electric membership corporation and each foreign electric cooperative authorized to transact business in this state shall be deemed to reside in the county where its registered office
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is maintained. If any such electric membership corporation or foreign electric cooperative fails to maintain a registered office, it shall be deemed to reside in the county in this state where its lastnamed registered office or principal office, as shown by the records of the Secretary of State, was maintained. (2) Each electric membership corporation and each foreign electric cooperative authorized to transact business in this state shall be deemed to reside and may be sued on contracts in the county in which the contract sought to be enforced was made or is to be performed, if it has an office and transacts business in that county. (3) Each electric membership corporation and each foreign electric cooperative authorized to transact business in this state shall be deemed to reside and may be sued for damages because of torts, wrong or injury done, in the county where the cause of action originated, if it has an office and transacts business in that county. CHAPTER 34C-5 MEMBERS 34C-501. Qualification of members. All persons who may lawfully receive

service from an electric membership corporation, and are receiving or have agreed to receive, such service shall be members therein, subject to complying with such additional conditions and requirements for membership as are set forth in the articles of incorporation or bylaws of the electric membership corporation. The articles of incorporation or bylaws may also provide criteria, procedures for, and limitations upon the transfer, classification, and termination of memberships in an electric membership corporation. 34C-502. Liability of members. A member shall not, solely by virtue of his status as such, be liable for the debts of an electric membership corporation; and the property of the member shall not, solely by virtue of his status as such, be subject to attachment, garnishment, execution, or other collection procedure for such debts. 34C-503. Voting by members. (a) A member shall be entitled to only one vote in the exercise of the person's rights as a member of an electric membership corporation.
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(b) No member shall have the right to cumulate his votes by giving one candidate a vote or votes equal to his vote multiplied by the number of directors to be elected or by distributing such votes on the same principle among any number of such candidates. (c) The chairman of the board, president, any vice president, the secretary, or the treasurer or other officer of a corporation, club, school, church, or unincorporated association which is a member of an electric membership corporation shall be deemed by the electric membership corporation to have authority to vote such membership and to execute proxies and written waivers and consents in relation thereto, unless before a vote is taken or a waiver or consent is acted upon it is made to appear by a certified copy of the bylaws or resolution of the board of directors, executive committee, or other governing body of the corporation, club, school, church, or unincorporated association holding such membership that such authority is vested in some other officer or person. In the absence of such certification, a person executing any such proxy, waiver, or consent or presenting himself at a meeting as one of such officers of such a member shall, for the purpose of this Code section, be deemed prima facie to be duly elected, qualified, and acting as such officer and to be fully authorized to so act. In case of conflicting representation, such a member shall be deemed to be represented by its senior officer in the order first stated in this subsection. (d) Unless it is made to appear otherwise by an affidavit, court order, or document, or the instrument creating the position, the following person shall be deemed to be authorized to vote a membership or execute a proxy, waiver, or consent in relation thereto: (1) The administrator or executor of an estate which is a member. (2) A guardian of a member. (3) A trustee in whose name a membership is held. (e) If more than one person holds a position described in paragraphs (1) through (3) of subsection (d) of this Code section with respect to the same membership or if a membership is held by two or more persons, whether as fiduciaries, joint tenants, tenants in common, tenants in partnership, or otherwise, then unless the instrument or order appointing them or creating the tenancy otherwise
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directs and a copy thereof is filed with the secretary of the electric membership corporation or unless the articles of incorporation or bylaws of the electric membership corporation otherwise provide, their acts with respect to voting shall have the following effect: (1) If only one votes, his act binds all. (2) If more than one vote, the act of the majority so voting binds all. (3) If more than one vote and the vote is evenly split, each faction shall be entitled to vote the membership in question proportionally. (4) The principles of this subsection shall apply, insofar as possible, to the execution of proxies, waivers, consents, or objections and for the purpose of ascertaining the presence of a quorum. (f) If there is reasonable doubt as to the person qualified to cast the vote of a member or execute a proxy, waiver, or consent on behalf of the member, the electric membership corporation may deny the right of such member to vote or execute a proxy, waiver, or consent until sufficient action has been taken by such member to eliminate the uncertainty. 34C-504. Proxies; rights and limitations. (a) To the extent, and only to the extent, authorized by the articles of incorporation or bylaws, a member may be represented at a meeting of the membership, vote thereat, and execute consents or waivers, by one or more persons authorized by a written proxy executed by such member or by his attorney in fact. The exercise of such rights by a person pursuant to a written proxy shall be subject to such limitations and in accordance with such procedures as may be provided in the articles of incorporation or bylaws. The exercise of such rights shall, in any event, be subject to the following limitations and procedures: (1) No proxy shall be valid after the expiration of 11 months from the date thereof unless otherwise provided in the proxy. Every proxy shall be revocable at the pleasure of the person executing it. (2) No proxy shall be valid if the person granting it is no longer a member or his rights as a member have been lawfully suspended.
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(3) Subject to the limitations of paragraphs (1) and (2) of subsection (a) of this Code section, any proxy duly executed is not revoked and continues in full force and effect until an instrument revoking it or a duly executed proxy bearing a later date is received by the secretary of the electric membership corporation. A proxy is not revoked by the death or incapacity of the maker unless, before the vote is counted or the authority is exercised, written notice of such death or incapacity is received by the secretary of the electric membership corporation. Notwithstanding that a valid proxy is outstanding, the powers of the proxy holder are suspended if the maker is present at a meeting of the members and elects to vote in person. (4) If the proxy for the same member confers authority upon two or more persons and does not otherwise provide, a majority of such persons present at the meeting, or if only one is present, then that one, may exercise all the powers conferred by the proxy; but if the proxy holders present at the meeting are divided as to the right and manner of voting in any particular case, and there is no majority, the vote of the member granting the proxy shall be prorated. (5) If the proxy expressly provides, any proxy holder may appoint in writing a substitute to act in his place. (6) A member shall not sell his vote or issue a proxy to vote to any person for any sum of money or anything of value. Any proxy issued in exchange for money or anything of value shall be void. (b) If proxy voting is authorized in the articles of incorporation or bylaws of the electric membership corporation, attendance at a members' meeting by a proxy holder authorized to vote for a member shall be deemed to be attendance by such member for purposes of determining whether a quorum is present and shall otherwise be considered as personal attendance by such member. 34C-505. Meetings of members. (a) Meetings of members may be held at such place within the service area of the electric membership corporation as may be provided in the bylaws. In the absence of any such provision, all meetings shall be held at a place within the service area of the electric membership corporation designated by the board of directors or, if no place is so designated, then at the registered office of the electric membership corporation in this state.
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(b) An annual meeting of the members shall be held at such time as may be provided in the bylaws. In the absence of such designation the annual meeting shall be held on the second Tuesday of the fourth month following the end of the fiscal year of the electric membership corporation or, if such day is a legal holiday, the next following business day. Failure to hold the annual meeting shall not work a forfeiture; nor shall such failure affect otherwise valid corporate acts. If the electric membership corporation shall fail or refuse to hold the annual meeting on (1) the date provided therefor pursuant to the bylaws or (2), in the absence of such designation, the date provided in this Code section and shall thereafter also fail or refuse to hold the annual meeting within 60 days after being requested by any member to do so, the superior court of the county where the registered office of the electric membership corporation is located may, after notice to the electric membership corporation, order a substitute annual meeting to be held upon the application of such member. The superior court may issue such orders as may be appropriate including, without limitation, orders designating the time and place of such meeting, the record date for determination of members entitled to vote, and the form of notice of such meeting. (c) Special meetings of members or a special meeting in lieu of the annual meeting of members may be called by the president, the chairman of the board of directors, the board of directors, or such other officers or persons as may be provided in the articles of incorporation or bylaws or, in the event there are no officers or directors, then by any member. Special meetings of members or a special meeting in lieu of the annual meeting of members shall be called by the electric membership corporation upon the written request of not less than 10 percent of the members of the electric membership corporation. (d) Any action required by this title to be taken at a meeting of members of an electric membership corporation, or any action which may be taken at a meeting of members, may be taken without a meeting if written consent, setting forth the action so taken, shall be signed by all the members. Such consent shall have the same force and effect as a unanimous vote of members and may be stated as such in any articles or document filed with the Secretary of State under this title, except that no consent shall be effective as approval of a plan of merger or plan of consolidation pursuant to Chapter 34C-10 unless:
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(1) Prior to the execution of the consent, the members shall have been given: (A) A copy of the plan of merger or consolidation or an outline of the material features of the plan; and (B) A copy of the most recent annual balance sheet and an annual profit and loss statement, or comparable financial statements, of each of the merging or consolidating electric membership corporations or of the merging or consolidating electric membership corporation and foreign electric cooperative, as the case may be; or (2) The written consent itself conspicuously and specifically states that waiver of the right to receive such information is expressly made. (e) Unless otherwise provided in the articles of incorporation or bylaws of the electric membership corporation, meetings of the members shall be conducted in accordance with the latest edition of Roberts Rules of Order ; provided, however, that failure to so conduct any meeting shall not render invalid any

action taken at such meeting unless objection citing such failure is made at the time such action is taken. 34C-506. Credentials and elections committee. (a) The bylaws of an electric membership corporation may provide for the appointment of a credentials and elections committee composed of members who are not officers or directors of the electric membership corporation or candidates for such positions, which shall be responsible for the counting of all ballots or votes cast, ruling on the effect of any ballots or votes irregularly marked or cast and on all other questions that may arise relating to member voting and the election of directors including, but not limited to, the validity of petitions of nomination or qualification of candidates and the regularity of the nomination and election of directors. The procedures for the appointment and qualification of the members of such committee shall be as provided in the bylaws authorizing and establishing such committee. Any committee member related within the third degree by affinity or consanguinity computed according to the civil law to any candidate for director shall refrain from participating in any deliberation or vote of the committee concerning such candidate.
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(b) On request of the person presiding at the meeting of the members or on the request of any member entitled to vote thereat, such committee shall make a report in writing of any challenge, question, count, or matter determined by the committee and execute a certificate of any fact found by them. Any such report or certificate made by them shall be prima-facie evidence of the facts stated and of the vote as certified by them. 34C-507. Notice of members' meetings. (a) Written notice stating the place, day, and hour of the annual meeting of members and, in case of a special meeting, the purpose or purposes for which the meeting is called, shall be provided not less than five nor more than 90 days before the date of the meeting by any reasonable means, by or at the direction of the president, the secretary, or the officer or persons calling the meeting, to each member of record entitled to vote at such meeting. Reasonable means of providing such notice shall include, but not be limited to United States mail, personal delivery, electric membership corporation newsletter, or member monthly service bill. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail with adequate prepaid postage thereon, addressed to the member at his address as it appears on the record books at the electric membership corporation; provided, however, that if notice is mailed by other than first class mail, it shall be deemed to be delivered five days from the date of mailing. Personal delivery may be either by personal delivery to the member or by leaving such notice in a conspicuous place at the member's address as it appears on the record books of the electric membership corporation or at the premises served. (b) At an annual meeting of members, including any substitute annual meeting ordered in accordance with Code Section 34C-505, any matter relating to the affairs of the electric membership corporation, whether or not stated in the notice of the meeting, may be brought up for action, except matters which this title, the bylaws, or articles of incorporation require to be stated in the notice of the meeting. (c) When a meeting is adjourned to another time or place, it shall not be necessary, unless the bylaws require otherwise, to give any notice of the adjourned meeting if the time and place to which the meeting is adjourned are announced at the meeting at which the adjournment is taken, and at the adjourned meeting, any business may be transacted that might have been transacted on the original
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date of the meeting. If, however, after the adjournment, the board fixes a new record date for the adjourned meeting, a notice of the adjourned meeting shall be given in compliance with subsection (a) of this Code section to each member of record on the new record date entitled to vote at such meeting. (d) Notice of a meeting of members need not be given to any member who signs a waiver of notice, in person or by proxy, either before or after the meeting. Unless required by the bylaws, neither the business transacted nor the purpose of the meeting need be specified in the waiver, except that any waiver of the notice of a meeting of members required with respect to a plan of merger or a plan of consolidation shall not be effective unless: (1) Prior to execution of the waiver, the member signing the waiver shall have been given: (A) A copy of the plan of merger or consolidation or an outline of the material features of the plan; and (B) A copy of the most recent annual balance sheet and annual profit and loss statement, or comparable financial statements, of each of the merging or consolidating electric membership corporations or of the merging or consolidating electric membership corporation and foreign electric cooperative, as the case may be; or (2) The waiver itself conspicuously and specifically states that waiver of the right to receive such information is expressly made. (e) Attendance of a member at a meeting, either in person or by proxy, shall of itself constitute waiver of notice and waiver of any and all objections to the place of the meeting, the time of the meeting, or the manner in which it has been called or convened, except when a member attends a meeting solely for the purpose of stating, at the beginning of the meeting, any such objection or objections to the transaction of business. 34C-508. Greater voting requirements. (a) Whenever, with respect to any action to be taken by the members of an electric membership corporation, the articles of incorporation or bylaws require the vote

or concurrence of a greater number of the members
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than required by this title, with respect to such action, the provisions of the articles of incorporation or bylaws shall control. (b) Any such provision in the articles of incorporation or bylaws may not itself be amended by a vote less than the vote prescribed in such provision. (c) The authorization or taking of any action by vote or concurrence of the members may be rescinded or revoked by the same vote or concurrence as at the time of rescission or revocation would be required to authorize or take such action in the first instance, subject to the contract rights of other persons. 34C-509. Quorum of members. (a) Unless otherwise provided in the articles of incorporation or in bylaws adopted by the members, 10 percent of the members entitled to vote shall constitute a quorum at a meeting of members. (b) If a quorum is present, the affirmative vote of a majority of the members represented at the meeting shall be the act of the membership unless the vote of a greater number is required by this title, the articles of incorporation, or bylaws. (c) When a quorum is once present to organize a meeting, the members present may continue to do business at the meeting, or at any adjournment thereof, notwithstanding the withdrawal of enough members to leave less than a quorum. (d) A majority of the members represented at a meeting, whether or not a quorum is present, may adjourn such meeting from time to time. 34C-510. Books and records; member inspection. (a) Each electric membership corporation shall keep correct and complete books and records of account, shall keep minutes of the proceedings of its members and board of directors, and shall keep at its registered office or principal place of business a record of its members giving the names and addresses of all members and the number of members. (b) Subject to the limitations set forth in this Code section and in other applicable law, any person who is a member of the electric membership corporation in good standing, upon written demand stating the purpose thereof and the books and records sought to be
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examined, shall have the right to examine, in person or by agent or attorney, at any reasonable time or times, for any proper purpose, its books and records and, at his own expense, may make extracts therefrom. Any such inspection, however, may be denied or limited upon one or more of the following grounds: (1) The member's refusal to warrant and furnish to the electric membership corporation an affidavit that such inspection is desired for a purpose reasonably related to the business of the electric membership corporation. (2) The inspection seeks information the release of which would unduly infringe upon or invade the privacy of any person. (3) The inspection is sought for a dishonest purpose, to gratify mere curiosity, or is otherwise inimical to the lawful interest of the electric membership corporation or is not reasonably germane to the interest of the member as such. (4) The books and records sought to be inspected deal with trade secrets or information which is privileged, confidential, or proprietary. (5) The member refuses to warrant and furnish an affidavit that he has not, within the five years preceding the date of the affidavit, sold or offered for sale and does not now intend to sell or offer to sell any list of members of the electric membership corporation or of any other electric membership corporation, or any list of shareholders of a corporation, and that he has not, within said five-year period, aided or abetted and does not now intend to aid or abet any other person in procuring any list of members or shareholders for such purpose. (c) If the electric membership corporation or an officer or agent of the electric membership corporation refuses to permit the inspection authorized by subsection (b) of this Code section, the member demanding inspection may apply to the superior court for the county in which the electric membership corporation's registered office is located, upon such notice as the court may require, for an order directing the electric membership corporation, its officers, or agents, to show cause why an order should not be granted permitting such inspection by the applicant. The court shall hear the parties summarily, by affidavit or otherwise; and, if the applicant establishes that
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he is qualified and is entitled to such inspection, the court shall grant an order permitting such inspection, subject to any limitations which the court may prescribe, and grant such other relief, including costs and reasonable attorney's fees, as the court may deem just and proper. The court may deny or restrict inspection if it finds that the member has improperly used information secured through any prior examination of the books and records of account, or minutes or records of members of such electric membership corporation or of any other electric membership corporation, or that any other grounds, as set forth above, exist for denying or restricting such inspection. (d) Not later than four months after the close of each fiscal year, and in any case, prior to the annual meeting of members, each electric membership corporation shall prepare: (1) A balance sheet or comparable financial statement showing in reasonable detail the financial condition of the electric membership corporation as of the close of its fiscal year. (2) A profit and loss statement or comparable

financial statement showing the results of its operation during the fiscal year. (e) Upon written request, an electric membership corporation promptly shall mail to any member of record a copy of the most recent such balance sheet and profit and loss statement or comparable statement. 34C-511. Closing of record books and fixing record date. (a) For the purpose of determining members entitled to notice of, or to vote in any meeting of members or any adjournment thereof, or in order to make a determination of members for any other proper purpose, the board of directors of an electric membership corporation may provide that the membership books shall be closed for a stated period not to exceed 90 days. (b) In lieu of closing the membership books, the bylaws or, in the absence of any applicable bylaws, the board of directors may fix in advance a date as the record date for any such determination of members, such date in any case to be not more than 90 days prior to the date on which the particular action requiring such determination of members is to be taken.
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(c) If the membership books are not closed and no record date is fixed for the determination of members entitled to notice of, or to vote at, a meeting of members, the date notice of the meeting is mailed to all of the members shall be the record date for such determination of membership or, if such notice is not mailed to all of the members on the same date, the date ten days prior to the meeting shall be the record date for such determination of membership. (d) When the determination of members entitled to vote at any meeting of the members has been made as provided in this Code section, such determination shall apply to any adjournment thereof unless the board of directors fixes a new record date under this Code section for the adjourned meeting. 34C-512. Derivative action by members. (a) A derivative action may be brought by a member in the right of the electric membership corporation to procure a judgment in its favor against directors, officers, or other representatives of the electric membership corporation or members or third parties, or any combination thereof, whenever the electric membership corporation has a claim or cause of action which the representatives of the electric membership corporation, in violation of their duties, have failed to enforce, including a claim or cause of action against such representatives for their failure in this respect. A derivative action may not be brought, however, until the expiration of 30 days after a member has delivered written demand upon the directors, officers, or other representatives of the electric membership corporation who are alleged to have failed to enforce such cause of action, setting forth the claim or cause of action which is sought to be enforced and the basis therefor. (b) In a derivative action brought by one or more members in the right of an electric membership corporation to procure a judgment in favor of the electric membership corporation, the complaint shall be verified and shall allege that the plaintiff is a member at the time of bringing the action. It shall further allege that the plaintiff was a member at the time of the transaction of which he complained and that the demand required by subsection (a) of this Code section has been properly made. (c) Such action shall not be discontinued, compromised, or settled without the approval of the court having jurisdiction of the action. If the court shall determine that the interest of the members will be substantially affected by such discontinuance, compromise, or
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settlement, the court shall direct that notice, by publication or otherwise, of the action and the proposed discontinuance, compromise, or settlement thereof be given to the members. If notice is directed to be given, the court may determine which one or more of the parties to the action shall bear the expense of giving the same in such amount as the court shall determine and find to be reasonable in the circumstances. (d) If such action is successful in whole or in part of if anything is received by the plaintiff or plaintiffs as the result of the judgment, compromise, or settlement thereof, the court may award the plaintiff or plaintiffs reasonable expenses, including reasonable fees of attorneys, and shall direct him or them to account to the electric membership corporation for the remainder of the proceeds so received by him or them. (e) In any such action instituted after the effective date of this title, the court having jurisdiction, upon final judgment and the finding that the action was brought without reasonable cause, may require the plaintiff or plaintiffs to pay the parties named as defendants the reasonable expenses, including fees of attorneys, incurred by them in defense of such action. CHAPTER 34C-6 DIRECTORS AND OFFICERS 34C-601. Board of directors. (a) Subject to the provisions of the articles of incorporation or the bylaws, the business and affairs of an electric membership corporation shall be managed by a board of directors. (b) No limitation upon the authority which the directors would have in the absence of such limitation, whether contained in the articles of incorporation, bylaws, or otherwise, shall be effective against persons, other than members and directors, who are without actual knowledge of such limitation. (c) Directors shall be natural persons of the age of 18 years or over. The articles of incorporation or bylaws may prescribe additional qualifications for directors. (d) The compensation, if any, of directors for their services as such shall be on a per diem basis, and, unless otherwise provided in
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the bylaws, shall be fixed by the board of directors. Directors also shall be entitled to reimbursement of expenses actually and necessarily incurred by them in the performance of their duties. 34C-602. Number and election of directors. (a) The number of directors of an electric membership corporation shall not be less than three. Subject to such limitation, the number of directors shall be fixed by the bylaws or a procedure set forth in the bylaws, except that the number constituting the initial board of directors shall be fixed by the articles of incorporation. (b) The number of directors may be increased or decreased from time to time by amendment to the bylaws or by other procedure set forth in the bylaws; but, unless otherwise provided in the bylaws, no decrease shall have the effect of shortening the term of any incumbent director. In the absence of a bylaw fixing the number of directors or establishing the number of directors by a procedure set forth in the bylaws, the number shall be the same as that stated in the articles of incorporation. (c) The names and addresses of the members of the initial board of directors shall be stated in the articles of incorporation. Each such person shall hold office until his successor shall have been elected and qualified or until his earlier resignation, removal from office, or death. (d) At the first annual meeting of members and at each annual meeting thereafter the members shall elect directors to hold office until the next succeeding annual meeting, except in case of the classification of directors by staggered term as permitted by Code Section 34C-604. Each director shall hold office for the term for which he is elected and until his successor shall have been elected and qualified or until his earlier resignation, removal from office, or death. 34C-603. Provisional director. (a) If the directors of an electric membership corporation are deadlocked in the management of the corporate affairs and if injury to the electric membership corporation is being suffered or is threatened by reason thereof, the superior court of the county where the registered office of the electric membership corporation is located may appoint a provisional director pursuant to this Code section, notwithstanding any provisions of the articles of incorporation or bylaws of the electric membership corporation to the contrary and whether or not an action is pending for an involuntary dissolution of the electric membership corporation.
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(b) Action for such appointment may be filed by one-half of the directors or by not less than 25 members, except that, if the electric membership corporation has less than 50 members, action for such appointment may be filed by not less than 25 percent of the members. Notice of such action shall be served upon the directors, other than those who have filed the action, and upon the electric membership corporation in the manner provided by law for service of a summons and complaint; and a hearing shall be held not less than ten days after such service is effected. At such hearing all interested persons shall be given an opportunity to be heard. (c) The provisional director shall be an impartial person who is neither a member nor a creditor of the electric membership corporation nor related by consanguinity or affinity within the third degree, as computed according to the civil law, to any of the other directors of the electric membership corporation or to any judge of the court by which he is appointed. The provisional director shall have all the rights and powers of a director and shall be entitled to notice of the meetings of the board of directors and to vote at such meetings until he is removed by order of the court or by vote of a majority of the members present and voting at a meeting of members. He shall be entitled to receive such compensation as may be agreed upon between him and the electric membership corporation and in the absence of such agreement he shall be entitled to such compensation as shall be fixed by the court. 34C-604. Classification of directors. (a) The articles of incorporation or a bylaw adopted by the members may provide that the directors be divided into either two or three classes, each class to be as nearly equal in number as possible, the term of office of directors of the first class to expire at the first annual meeting of members after their election, that of the second class to expire at the second annual meeting after their election, and that of the third class, if any, to expire at the third annual meeting after their election. (b) At each annual meeting after such classification, the number of directors equal to the number of the class whose term expires at the time of such meeting shall be elected to hold office until the second succeeding annual meeting, if there are two classes, or until the third succeeding annual meeting, if there are three classes. No classification of directors shall be effective prior to the first annual meeting of members.
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(c) If directors are classified and the number of directors is thereafter changed: (1) Any increase or decrease in the number of directors shall be so apportioned among the classes as to make all classes as nearly equal in number as possible. (2) When the number of directors is increased and any newly created directorships are filled by the board, there shall be no classification of the additional directors until the next election of directors by the members. (d) Electric membership corporations having a lawfully classified board of directors when this title goes into effect may continue their existing classification even though not conforming to this Code section. (e) The articles of incorporation or the bylaws may provide for the division of the territory served or to be served by an electric membership corporation into

two or more districts for any purpose including, without limitation, the nomination and election of directors. The articles of incorporation or bylaws shall prescribe the boundaries of the districts, or the manner of establishing such boundaries of the districts, and the manner of changing such boundaries and the manner in which such districts shall function. 34C-605. Vacancies. Unless the articles of incorporation or bylaws otherwise provide: (1) Except as provided in paragraphs (2) and (3) of this Code section, any vacancy occurring in the board of directors may be filled by the affirmative vote of a majority of the remaining directors though less than a quorum of the board of directors, or by the sole remaining director, as the case may be, or, if the vacancy is not so filled or if no director remains, by the members. (2) If a vacancy occurs with respect to a director elected by members from a particular district pursuant to subsection (e) of Code Section 34C604, the vacancy may be filled by the remaining director or directors elected by the members from that district or, if no such director remains, by the other remaining directors or the members in accordance with paragraph (1) of this Code section.
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(3) Any directorship to be filled by reason of the removal of a director or directors as provided in Code Section 34C-606 shall be filled by the members or, if authorized by the members, by the remaining director or directors as provided in paragraph (1) of this Code section. (4) A director elected or appointed to fill a vacancy shall be elected or appointed for the unexpired term of his predecessor in office. Any directorship to be filled by reason of an increase in the number of directors may be filled by the board of directors, but only for a term of office continuing until the next election of directors by the members and the election and qualification of his successor. (5) A director who resigns may postpone the effectiveness of his resignation to a future date or upon the occurrence of a future event specified in a written tender of resignation. A vacancy shall be deemed to exist at the time of such tender; and the board of directors or the members may, then or thereafter, elect or appoint a successor to take office when the resignation, by its terms, becomes effective. 34C606. Removal of directors. (a) Unless otherwise provided in the bylaws, at any meeting of members with respect to which notice of such purpose has been given, the entire board of directors or any individual director may be removed, with or without cause, by the affirmative vote of a majority of the members of the electric membership corporation. (b) Whenever the members from a particular district are entitled to elect one or more directors pursuant to subsection 34C604(e), the provisions of this Code section shall apply, in respect of the removal of the director or directors so elected, to the vote of the members from that district and not to the vote of the members as a whole. (c) If any or all directors are removed, new directors may be elected at the same meeting. 34C-607. Quorum of directors. (a) Unless the articles of incorporation or the bylaws provide that a different number shall constitute a quorum, a majority of the number of directors fixed by the bylaws or fixed by the procedure set forth in the bylaws, or in the absence of
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such bylaw provisions, then of the number stated in the articles of incorporation, shall constitute a quorum for the transaction of business. In no case shall less than one-third of the total number of directors nor less than two directors constitute a quorum. (b) The vote of a majority of the directors present and voting at the time of the vote, if a quorum is present at such time, shall be the act of the board of directors unless the vote of a greater number is required by the articles of incorporation or the bylaws. (c) Unless the articles of incorporation or bylaws otherwise provide, members of the board of directors, or any committee designated by such board, may participate in a meeting of such board or committee by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other. Participation in a meeting pursuant to this subsection shall constitute presence in person at such meeting. 34C-608. Executive and other committees. (a) Unless prohibited by the articles of incorporation or the bylaws, the board of directors, by resolution adopted by a majority of the full board of directors, may designate from among its members an executive committee and one or more other committees, each consisting of two or more directors and each of which, to the extent provided in such resolution or in the articles of incorporation or the bylaws of the electric membership corporation, shall have and may exercise all the authority of the board of directors; but no such committee shall have the authority of the board of directors in reference to: (1) Amending the articles of incorporation or the bylaws of the electric membership corporation. (2) Adopting a plan of merger or consolidation. (3) The sale, lease, exchange, or other disposition of all or substantially all the property and assets of the electric membership corporation. (4) A voluntary dissolution of the electric membership corporation or a revocation thereof. (b) The board, by resolution adopted in accordance with subsection (a) of this Code section, may designate one or more directors as
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alternate members of any such committee who may act in the place and stead of any absent member or members at any meeting of such committee. (c) Unless otherwise provided in the articles of incorporation or the bylaws or unless ordered by the board of directors, any such committee shall act by a majority of its members. (d) The designation of any such committee and the delegation thereto of authority shall not operate to relieve the board of directors, or any member thereof, of any responsibility imposed by law. (e) Nothing in this Code section shall be construed to invalidate any executive committee or other committee validly created under the prior electric membership corporation law and existing on the effective date of this title. 34C-609. Place, time, notice, and call of directors' meetings. (a) Unless the articles of incorporation or bylaws otherwise provide, meetings of the board of directors, regular or special, may be held either within or without this state. The time and place for holding meetings of the board of directors may be fixed by or under the bylaws or, if not so fixed, by the board. (b) Regular meetings of the board of directors may be held with or without notice as prescribed in the articles of incorporation or bylaws or in a standing resolution of the board of directors. Special meetings of the board of directors may be held upon such notice as is prescribed in the articles of incorporation or the bylaws. Unless otherwise prescribed in the articles of incorporation or bylaws, written notice of the time and place of special meetings of the board of directors shall be given to each director either by personal delivery or by mail, telegram, or cablegram at least two days before the meeting. (c) Notice of a meeting of the board of directors need not be given to any director who signs a waiver of notice either before or after the meeting. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting and waiver of any and all objections to the place of the meeting, the time of the meeting, or the manner in which it has been called or convened, except when a director states, at the beginning of the meeting, any such objection or objections to the transaction of business.
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(d) Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the board of directors need be specified in the notice or waiver of notice of such meeting unless required by the articles of incorporation or bylaws. (e) A majority of the directors present, whether or not a quorum exists, may adjourn any meeting of the board of directors to another time and place. Unless the articles of incorporation or bylaws otherwise provide, notice of any such adjourned meeting shall be given to the directors who were not present at the time of the adjournment and, unless the time and place of the adjourned meeting are announced at the time of the adjournment, to the other directors. (f) Meetings of the board of directors may be called by the chairman of the board, by the president, by 25 percent of the directors then in office, or by any other person or persons authorized by the articles of incorporation or bylaws. 34C-610. Action by directors without a meeting. Unless otherwise provided by the articles of incorporation or bylaws, any action required by this title to be taken at a meeting of the directors of an electric membership corporation or any action which may be taken at a meeting of the directors or of a committee, may be taken without a meeting if written consent, setting forth the action so taken, is signed by all the directors or by all of the members of the committee, as the case may be, and is filed with the minutes of the proceedings of the board or the committee. Such consent shall have the same force and effect as a unanimous vote and may be stated as such in any articles or document filed with the Secretary of State under this title. 34C-611. Officers. (a) The board of directors shall elect or appoint a president, a secretary, and a treasurer. Other officers may be elected or appointed either by the board or as may be provided in the articles of incorporation or bylaws. Any two or more offices may be held by the same person, except the offices of president and secretary. (b) The articles of incorporation or bylaws may provide that all officers or that specified officers shall be elected by the members instead of by the board. (c) Unless otherwise provided in the articles of incorporation, bylaws, or resolution of the board, all officers shall be elected or
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appointed for a term of office running until the meeting of the board following the next annual meeting of members or, in the case of officers elected by the members, until the next annual meeting of members. (d) Each officer shall hold office for the term for which he is elected or appointed, and until his successor has been elected or appointed and has qualified, or until his earlier resignation, removal from office, or death. (e) All officers and agents of an electric membership corporation, as between themselves and the electric membership corporation, shall have such authority and perform such duties in the management of the electric membership corporation as may be provided in the articles of incorporation or bylaws or as may be determined by action of the board not inconsistent with the articles of incorporation and bylaws. (f) When the directors are deadlocked, the president shall have authority to institute or defend legal proceedings other than an action seeking appointment of a provisional director. (g) No electric membership corporation shall be relieved of its liability to any third person for the acts of its officers by reason of any limitation upon the power of the officer, whether contained in the articles of incorporation, the bylaws, or otherwise, not known to such third person. 34C-612. Removal of

officers; vacancies. (a) Any officer or agent elected or appointed by the board of directors may be removed by the board whenever in its judgment the best interests of the electric membership corporation will be served thereby. (b) An officer or agent elected by the members may be removed only by vote of the members unless the members shall have authorized the board to remove such officer or agent, but the authority of such officer or agent to act for the electric membership corporation may be suspended by the board for cause. (c) Any officer or agent appointed otherwise than by the board of directors or by the members may be removed with or without cause at any time by any officer having authority to appoint, except as may be otherwise provided in the articles of incorporation or bylaws,
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whenever such officer in his absolute discretion shall consider that the best interests of the electric membership corporation will be served thereby. (d) Removal as provided in this Code section shall be without prejudice to the contract rights, if any, of the person removed. Election or appointment of an officer or agent shall not of itself create contract rights. (e) Any vacancy, however occurring, in any office may be filled by the board of directors unless the articles of incorporation or bylaws shall have expressly reserved such power to the members. 34C-613. Duty of directors and officers. Directors and officers shall discharge the duties of their respective positions in good faith and with that degree of diligence, care, and skill which ordinarily prudent men would exercise under similar circumstances in like positions. In discharging their duties, directors and officers, when acting in good faith, may rely upon financial information of the electric membership corporation represented to them to be correct by the president or the employee of the electric membership corporation having charge of its books of account or stated in a written report by an independent or certified public accountant or firm of such accountants fairly to reflect the financial condition of such electric membership corporation. 34C-614. Action against directors and officers. (a) An action may be brought by any of the persons named in subsection (b) of this Code section against one or more directors or officers of an electric membership corporation to procure for the benefit of the electric membership corporation a judgment for the following relief: (1) To compel the defendant to account for his official conduct, or any other relief called for by his official conduct, in the following cases: (A) The neglect of, or failure to perform, or other violation of his duties to the electric membership corporation, or in the disposition of corporate assets committed to his charge. (B) The acquisition by himself, transfer to others, loss, or waste of corporate assets due to any neglect of, or failure to perform, or other violation of his duties.
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(C) The appropriation, in violation of his duties, of any business opportunity of the electric membership corporation. (2) To enjoin a proposed unlawful conveyance, assignment, or transfer of corporate assets or other unlawful corporate transaction, where there is sufficient evidence that it will be made. (3) To set aside an unlawful conveyance, assignment, or transfer of corporate assets, where the transferee knew of its unlawfulness and is made a party to the action. (b) An action may be brought for the relief provided in this Code section by the electric membership corporation, or a receiver, trustee in bankruptcy, officer, director, or judgment creditor thereof, or by a member in accordance with Code Section 34C-512 relating to derivative actions. (c) No action shall be brought for the relief provided in this Code section more than four years from the time the cause of action accrued. (d) This Code section shall not limit any liability otherwise imposed by law upon any director or officer or any third party. 34C-615. Dissent by a director. A director of an electric membership corporation who is present at a meeting of the electric membership corporation's board of directors at which action on any corporate matter is taken shall be presumed to have assented to the action unless (1) he shall vote against such action if a vote is taken; and (2) his dissent shall be entered in the minutes of the meeting or he shall file his written dissent to such action with the person acting as secretary of the meeting before the adjournment thereof or shall forward such dissent by registered or certified mail to the secretary of the electric membership corporation within 48 hours after the adjournment of the meeting. 34C-616. Interested directors and officers. (a) No contract or transaction between an electric membership corporation and one or more of its directors or officers, or between an electric membership corporation and any other corporation, partnership, association, or other organization in which one or more of its directors or officers are directors or officers or have a financial interest, shall be void or voidable solely for this reason, or solely because the director or officer
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is present at or participates in the meeting of the board of directors or committee thereof which authorizes the contract or transaction, or solely because his or their votes are counted for such purpose, if: (1) The material facts as to his interest and as to the contract or transaction are disclosed or are known to the board of directors or the committee, and the board

or committee in good faith authorizes the contract or transaction by the affirmative votes of a majority of the disinterested directors, even though the disinterested directors are less than a quorum; or (2) The material facts as to his interest and as to the contract or transaction are disclosed or are known to the members, and the contract or transaction is specifically approved or ratified in good faith by vote of such members; or (3) The contract or transaction is fair as to the electric membership corporation as of the time it is authorized, approved, or ratified by the board, a committee thereof, or the members. (b) Interested directors may be counted in determining the presence of a quorum at a meeting of the board or committee thereof which authorizes the contract or transaction. 34C-617. Indemnification of officers, directors, employees, and agents; insurance. (a) An electric membership corporation shall have power to indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative (other than an action by or in the right of the electric membership corporation) by reason of the fact that he is or was a director, officer, employee, or agent of the electric membership corporation, or is or was serving at the request of the electric membership corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against expenses (including attorneys' fees), judgments, fines, and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit, or proceeding if he acted in a manner he reasonably believed to be in or not opposed to the best interests of the electric membership corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or upon a plea
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of nolo contendere or its equivalent shall not, of itself, create a presumption that the person did not act in a manner which he reasonably believed to be in or not opposed to the best interests of the electric membership corporation, and, with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful. (b) An electric membership corporation shall have power to indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending, or completed action or suit by or in the right of the electric membership corporation to procure a judgment in its favor by reason of the fact he is or was a director, officer, employee, or agent of the electric membership corporation, or is or was serving at the request of the electric membership corporation as a director, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise against expenses (including attorney's fees) actually and reasonably incurred by him in connection with the defense or settlement of such action or suit if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the electric membership corporation and except that no indemnification shall be made in respect of any claim, issue, or matter as to which such person shall have been adjudged to be liable for negligence or misconduct in the performance of his duty to the electric membership corporation unless and only to the extent that the court in which such action or suit was brought shall determine upon application that, despite the adjudication of liability but in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which the court shall deem proper. (c) To the extent that a director, officer, employee, or agent of an electric membership corporation has been successful on the merits or otherwise in defense of any action, suit, or proceeding referred to in subsections (a) and (b) of this Code section, or in defense of any claim, issue, or matter therein, he shall be indemnified against expenses (including attorneys' fees) actually and reasonably incurred by him in connection therewith. (d) Any indemnification under subsections (a) and (b) of this Code section, unless ordered by a court, shall be made by the electric membership corporation only as authorized in the specific case upon a determination that indemnification of the director, officer, employee, or agent is proper in the circumstances because he has met
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the applicable standard of conduct set forth in subsections (a) and (b) of this Code section. Such determination shall be made: (1) By the board of directors by a majority vote of a quorum consisting of directors who were not parties to such action, suit, or proceeding, or (2) If such a quorum is not obtainable or, even if obtainable a quorum of disinterested directors so directs, by independent legal counsel in a written opinion, or (3) By the affirmative vote of a majority of the members present and voting at the meeting at which such determination is made. (e) Expenses incurred in defending a civil or criminal action, suit, or proceeding may be paid by the electric membership corporation in advance of the final disposition of such action, suit, or proceeding as authorized in the specific case upon receipt of an undertaking by or on behalf of the director, officer, employee, or agent to repay such amount unless it shall ultimately be determined that he is entitled to be indemnified by the electric membership corporation as authorized in this Code section. (f) The indemnification provided by this Code section shall not be deemed exclusive of any other rights, in respect of

indemnification or otherwise, to which those seeking indemnification may be entitled under any bylaw or resolution approved by the affirmative vote of a majority of the members entitled to vote thereon taken at a meeting the notice of which specified that such bylaw or resolution would be placed before the members, both as to action by a director, officer, employee, or agent in his official capacity and as to action in another capacity while holding such office or position and shall continue as to a person who has ceased to be a director, officer, employee, or agent and shall inure to the benefit of the heirs, executors, and administrators of such a person. (g) An electric membership corporation shall have power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee, or agent of the electric membership corporation, or is or was serving at the request of the electric membership corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise,
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against any liability asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the electric membership corporation would have the power to indemnify him against such liability under the provisions of this Code section. (h) If any expenses or other amounts are paid by way of indemnification other than pursuant to court order or action by the members or by an insurance carrier pursuant to insurance maintained by the electric membership corporation, the electric membership corporation shall, not later than the next annual meeting of members unless such meeting is held within three months from the date of such payment and, in any event, within 15 months from the date of such payment, send to its members at the time entitled to vote for the election of directors a statement specifying the persons paid, the amounts paid, and the nature and status at the time of such payment of the litigation or threatened litigation. Such statement shall be provided to the members in the manner provided in subsection (a) of Code Section 34C-507 for giving notice of members' meetings. (i) For purposes of this Code section, references to `the electric membership corporation' shall include, in addition to the surviving or new electric membership corporation, any merging or consolidating electric membership corporation, including any merging or consolidating electric membership corporation of a merging or consolidating electric membership corporation, absorbed in a merger or consolidation so that any person who is or was a director, officer, employee, or agent of such merging or consolidating electric membership corporation, or is or was serving at the request of such merging or consolidating electric membership corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, shall stand in the same position under this Code section with respect to the resulting or surviving electric membership corporation as he would if he had served the resulting or surviving electric membership corporation in the same capacity; provided that no indemnification under subsections (a) and (b) of this Code section permitted by this subsection shall be mandatory under this subsection or any bylaw of the surviving or new electric membership corporation without the approval of such indemnification by the board of directors or members of the surviving or new electric membership corporation, in the manner provided in paragraphs (1) and (3) of subsection (d) of this Code section.
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CHAPTER 34C-7 ORGANIZATION OF ELECTRIC MEMBERSHIP CORPORATIONS 34C-701. Incorporators. One or more persons may act as incorporator or incorporators of an electric membership corporation to be formed under this title. Any natural person acting as incorporator shall be of the age of 18 years or over. 34C-702. Articles of incorporation. (a) The articles of incorporation shall be signed by the incorporator or incorporators or his or their attorney and shall set forth: (1) The name of the electric membership corporation. (2) That the electric membership corporation is organized pursuant to Code Title 34C, the `Georgia Electric Membership Corporation Act.' (3) The period of duration, which shall be perpetual unless otherwise limited. (4) The purpose or purposes for which the electric membership corporation is organized. (5) The address of its initial registered office and the name of its initial registered agent at such address. (6) The number of directors constituting the initial board of directors and the name and address of each person who is to serve as a member thereof. (7) The name and address of each incorporator. (b) The articles of incorporation may also contain any provisions not inconsistent with the law which the incorporator or incorporators may choose to insert for the regulation of the business and the conduct of the affairs of the electric membership corporation and any provisions not contrary to law creating, defining, limiting, or regulating the powers of the electric membership corporation, its directors, officers, and members. It shall not be necessary to set forth in the articles of incorporation any of the corporate powers enumerated in this title.
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34C-703. Filing articles of incorporation; publication of notice. (a) The incorporator or incorporators or his or their

representative shall obtain from the Secretary of State a certificate which states that the name of the proposed electric membership corporation is available in accordance with Code Section 34C-301 regarding the corporate name for use by said incorporator or incorporators. Such certificate shall be issued upon application to reserve the use of the proposed corporate name as provided in Code Section 34C-302 and shall be valid for the period provided in Code Section 34C-302, including any extension of such period granted by the Secretary of State. Upon the expiration of such period or any extension thereof the certificate shall become void unless the electric membership corporation shall have come into existence within such time. (b) The incorporator or incorporators or his or their representative shall deliver the original articles of incorporation and two conformed copies of said articles to the Secretary of State for filing as provided in subsection (a) of Code Section 34C-105. (c) Together with the articles of incorporation, the incorporator or incorporators or his or their representative shall deliver to the Secretary of State: (1) A certificate issued by the Secretary of State reserving the name of the proposed electric membership corporation specified in subsection (a) of this Code section. (2) Payment to the Secretary of State of the fee provided for in Code Section 34C-1402. (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 initial registered office of the electric membership corporation is to be located, in payment of the cost of filing the articles of incorporation in said county and in payment of the fee required in civil actions and proceedings as required by Code Section 24-2727 and Section 8.1 of an Act providing retirement benefits for the clerks of the superior courts, approved February 15, 1952 (Ga. Laws 1952, p. 238), as amended, particularly by an Act approved March 30, 1977 (Ga. Laws 1977, p. 1098). (4) A letter addressed to the publisher of a newspaper which is the official organ of the county where the initial registered office
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of the electric membership corporation is to be located or which is a newspaper of general circulation published within said county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation. Said letter shall contain a notice to be published four times in said newspaper and 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 electric membership corporation) has been duly incorporated on..... (month, day, and year to be inserted by the Secretary of State), by the issuance of a certificate of incorporation by the Secretary of State in accordance with the applicable provisions of Code Title 34C, the Georgia Electric Membership Corporation Act. The initial registered office of the electric membership corporation is located at..... (address of registered office) and its initial registered agent at such address is (name of agent).' Enclosed is a (check, draft, or money order) in the amount of $60.00 in payment of the costs of publishing this notice. Very truly yours, (Name and address of incorporator or incorporators or his or their representative) (5) A check, draft or money order in the amount of $60.00 payable to the designated newspaper. (6) A consent to appointment as registered agent, as provided for in subsection (c) of Code Section 34C-401. (d) Upon delivery of the articles of incorporation to the Secretary of State, the Secretary of State shall affix thereon the hour, day, month, and year of delivery. Not later than the close of business on the first business day following the day of delivery, the Secretary of
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State shall either issue a certificate of incorporation in the manner provided in this Code section or shall reject said articles in the manner provided in this Code section. (e) If the Secretary of State finds that the articles of incorporation appear to be in proper form for filing and are accompanied by the other items required by subsection (c) of this Code section, he shall, in addition to the requirements of subsection (a) of Code Section 34C-105: (1) Issue a certificate of incorporation in substantially the following form and attach it to one conformed copy of the articles of incorporation: State of Georgia Office of the Secretary of State Ex Officio Corporation Commissioner This is to certify that..... (the name of the electric membership corporation) has been duly incorporated under the laws of the State of Georgia on the..... day of.....,..... (insert date articles of incorporation are delivered for filing), by the filing of articles of incorporation in the office of the Secretary of State and the fees therefor paid, as provided by law, and that attached hereto is a true copy of said articles of incorporation. Witness my hand and official seal, this..... day of....., 19...... Secretary of State Ex Officio Corporation Commissioner of the State of Georgia (2) Return said certificate of incorporation with the conformed copy of the articles of incorporation attached thereto to the incorporator or incorporators or his or their representative. A copy of the certificate of incorporation shall be attached to the original articles of incorporation.
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(3) Forward a conformed copy of the articles of incorporation with a copy of the certificate of incorporation attached thereto, along with the check, draft, or money order provided for in paragraph (3) of subsection (c) of this Code section, to the clerk of the superior court in the county where the initial registered office of the electric membership corporation is located, within four business days after the articles of incorporation have been delivered to the Secretary of State for filing. (4) Mail the letter and the check, draft, or money order provided for in paragraphs (4) and (5) of subsection (c) of this Code section, with the date of incorporation inserted in the notice, to the designated newspaper within four business days after the articles of incorporation have been delivered to the Secretary of State for filing. (f) If the Secretary of State finds that the articles of incorporation do not appear to be in proper form for filing or are not accompanied by the other items required by subsection (c) of this Code section, he shall reject said articles for filing and shall immediately notify the incorporator or incorporators or his or their representative of such rejection by mailing a notice no later than the close of business on the first business day following the day of delivery of the articles of incorporation for filing. Said notice shall specify the reason or reasons for rejection of the articles of incorporation, and the articles and all accompanying materials shall be returned therewith. (g) The conformed copy of the articles of incorporation, with a copy of the certificate of incorporation attached thereto, provided for in paragraph (3) of subsection (e) of this Code section shall be filed upon receipt by the clerk of the superior court of said county. Failure on the part of the Secretary of State to mail the conformed copy of the articles of incorporation or failure on the part of the clerk of the superior court to comply with this subsection shall not invalidate the issuance of the certificate of incorporation by the Secretary of State. (h) The notice provided for in paragraph (4) of subsection (c) of this Code section shall be published within ten days after receipt of the notice by the newspaper. Failure on the part of the Secretary of State to mail the notice or failure on the part of the newspaper to comply with this subsection shall not invalidate the issuance of the certificate of incorporation by the Secretary of State.
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(i) If the Secretary of State issues a certificate of incorporation, the corporate existence of the electric membership corporation shall begin as of the time of delivery to the Secretary of State of the articles of incorporation so certified. 34C-704. Effect of issuance of certificate of incorporation. The certificate of incorporation issued by the Secretary of State shall be conclusive evidence that the electric membership corporation has been incorporated under this title, except as against this state in a proceeding to cancel or revoke the certificate of incorporation or for involuntary dissolution of the electric membership corporation. 34C-705. Organization meeting of directors. After the corporate existence has begun, an organization meeting of the board of directors named in the articles of incorporation shall be held, either within or without this state, at the call of any incorporator, for the purpose of adopting bylaws, electing officers, and transacting such other business as properly may come before the meeting. The incorporator or incorporators calling the meeting shall give at least three days' notice thereof by mail to each director so named, which notice shall state the time and place of the meeting. 34C-706. Bylaws. (a) The initial bylaws of an electric membership corporation shall be adopted by its board of directors. (b) The board of directors shall not have power to alter, amend, or repeal the bylaws or adopt new bylaws directly relating to the election of the board of directors. The board of directors shall otherwise have power to alter, amend, or repeal the bylaws or adopt new bylaws unless such power is reserved exclusively to the members by the articles of incorporation or in bylaws previously adopted by the members; but any bylaws adopted by the board of directors may be altered, amended, or repealed and new bylaws adopted by the members. The members may prescribe that any bylaw or bylaws adopted by them shall not be altered, amended, or repealed by the board of directors. (c) The bylaws may contain any provisions for the regulation and management of the affairs of the electric membership corporation not inconsistent with law or the articles of incorporation. 34C-707. Bylaws and other powers in emergency. (a) The board of directors may adopt emergency bylaws, subject to repeal or change
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by action of the members, which, notwithstanding any different provision elsewhere in this title or in the articles of incorporation or bylaws, shall be operative during any emergency in the conduct of the business of the electric membership corporation resulting from an attack on the United States or on a locality in which the electric membership corporation conducts its business or customarily holds meetings of its board of directors or its members, or during any nuclear or atomic disaster, or during the existence of any catastrophe or other similar emergency condition, as a result of which a quorum of the board of directors or a standing committee thereof cannot readily be convened for action. The emergency bylaws may make any provision that may be practical and necessary for the circumstances of the emergency including, without limitation, provisions that: (1) A meeting of the board of directors may be called by any officer or director in such manner and under such conditions as shall be prescribed in the emergency bylaws; (2) The director or

directors in attendance at the meeting, or any greater number fixed by the emergency bylaws, shall constitute a quorum; (3) The officers or other persons designated on a list approved by the board of directors before the emergency, all in such order or priority and subject to such conditions and for such period of time (not longer than reasonably necessary after the termination of the emergency) as may be provided in the emergency bylaws or in the resolution approving the list, shall, to the extent required to provide a quorum at any meeting of the board of directors, be deemed directors for such meeting; (4) Any officer of the electric membership corporation shall have such emergency powers as may be prescribed in the emergency bylaws; and (5) The board of directors may delegate any of its powers to any officer or director. (b) The board of directors, either before or during any such emergency, may provide and from time to time may modify lines of succession in the event that during such an emergency any or all officers or agents of the electric membership corporation shall for any reason be rendered incapable of discharging their duties.
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(c) The board of directors, either before or during any such emergency, may, effective during the emergency, change the head office or designate several alternative head offices or regional offices or authorize the officers so to do. (d) To the extent not inconsistent with any emergency bylaws so adopted, the bylaws of the electric membership corporation shall remain in effect during any such emergency and upon its termination the emergency bylaws shall cease to be operative. (e) Unless otherwise provided in emergency bylaws, notice of any meeting of the board of directors during any such emergency may be given only to such of the directors as it may be feasible to reach at the time and by such means as may be feasible at the time, including publication, radio, or television. (f) To the extent required to constitute a quorum at any meeting of the board of directors during any such emergency, the officers of the electric membership corporation who are present, unless otherwise provided in emergency bylaws, shall be deemed, in order of rank and within the same rank in order of seniority, directors for such meeting. (g) No officer, director, agent, or employee acting in accordance with any emergency bylaws shall be liable except for willful misconduct. No officer, director, agent, or employee shall be liable for any action taken by him in good faith in such an emergency in furtherance of the ordinary business affairs of the electric membership corporation even though not authorized by the bylaws then in effect. (h) If emergency bylaws have not been adopted by an electric membership corporation, action by members, directors, officers, agents, or employees during any emergency as defined in subsection (a) of this Code section shall be valid if it is substantially in compliance with this Code section or if it is otherwise practical and necessary for the emergency operation and management of the business. CHAPTER 34C-8 OPERATION OF ELECTRIC MEMBERSHIP CORPORATIONS 34C-801. Nonprofit operation. (a) Each electric membership corporation shall be operated without profit to its members, but the
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rates, fees, rents, or other charges for electric energy and any other facilities, supplies, equipment, or services furnished by the electric membership corporation shall be sufficient at all times: (1) To cover all administrative and operating expenses, and the costs of purchased capacity and energy, as in each case are necessary or desirable for the prudent conduct of its business, and the payments of the principal of and interest on the obligations issued or assumed by the electric membership corporation in the performance of the purposes for which it was organized; and (2) To establish and maintain reasonable reserves. (b) An electric membership corporation may also accumulate funds for future capital needs and for the purpose of establishing and maintaining a reasonable capital structure. (c) The bylaws of an electric membership corporation shall contain provisions, consistent with subsection (a), for accounting for, allocation, assignment and disposition of its revenues and assets and may establish classes of members for such purposes. 34C-802. Return of revenues upon death of member. (a) Unless the bylaws otherwise provide, the board of directors shall have authority, but shall not be required, to pay revenues allocated, but not previously paid, to a member or former member who is a natural person upon the death of such individual. (b) If the member or former member dies testate, such payments shall be made to the person who is the executor of the estate of the decedent at the time of the payment. (c) If the member or former member dies intestate and the electric membership corporation is provided a copy of Letters of Administration for the estate of the decedent, such payments shall be made to the administrator of the estate named therein. (d) If the member or former member dies intestate and the electric membership corporation is not provided a copy of Letters of Administration of the estate of the deceased and such payment is $2,500.00 or less, such payment shall be made to the persons listed below and according to the priority indicated:
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(1) To the surviving spouse of the decedent; (2) If no surviving spouse, then to the surviving children of the decedent,

pro rata; (3) If no surviving children, then to the surviving mother and father of the decedent, pro rata; (4) If no surviving parent, then to the surviving brothers and sisters of the decedent, pro rata. (e) If the member or former member dies intestate and the electric membership corporation is not provided a copy of the Letters of Administration and such payment is greater than $2,500.00, such payment shall be made to the person entitled thereto under the laws of descent and distribution of this state. (f) Payment to the persons listed in subsections (b) through (e) of this Code section shall operate as a complete acquittal and discharge to the electric membership corporation from any suit, claim, or demand of whatever nature for the amount so paid by any heir, distributee or creditor of the decedent or any other person. Payment to such persons is hereby authorized to be made as provided in subsections (d) and (e) of this Code section without the administration of the estate of the decedent and without the necessity of obtaining an order that no administration is necessary. CHAPTER 34C-9 AMENDMENT OF ARTICLES OF INCORPORATION 34C-901. Right to amend articles of incorporation. An electric membership corporation may amend its articles of incorporation from time to time in any and as many respects as may be desired, so long as the amendment contains only such provisions as might lawfully be contained in original articles of incorporation at the time of making such amendment. 34C-902. Procedure to amend articles of incorporation. (a) Before the electric membership corporation has any members, amendments to the articles of incorporation may be made: (1) Before the organization meeting of the directors by the incorporator or, if there is more than one incorporator, then by two-thirds of the incorporators; and
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(2) At or after the organization meeting of the directors named in the articles of incorporation, by two-thirds of the directors. (b) After the electric membership corporation has members, amendments to the articles of incorporation shall be made in the following manner: (1) The board of directors shall adopt a resolution setting forth the proposed amendment and directing that it be submitted to a vote at a meeting of members which may be either an annual or a special meeting. (2) Written notice setting forth the proposed amendment or a summary of the changes to be effected thereby shall be given to each member of record entitled to vote thereon within the time and in the manner provided in Code Section 34C-507 for the giving of notice of meetings of members. If the meeting is an annual meeting, the proposed amendment or such summary may be included in the notice of such annual meeting. (3) At such meeting a vote of the members shall be taken on the proposed amendment. The proposed amendment shall be adopted upon receiving the affirmative vote of a majority of the members present and voting at a meeting at which a quorum is present. (c) Any number of amendments may be submitted to the members and may be voted upon by them at one meeting. 34C-903. Articles of amendment. (a) The articles of amendment, other than an amendment under subsection (b) of this Code section, shall be executed by the electric membership corporation as provided in Code Section 34C-104 and shall set forth: (1) The name of the electric membership corporation. (2) The amendment so adopted. (3) The date of the adoption of the amendment by the members.
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(4) The member vote required to adopt the amendment, the number of members entitled to vote, and the number of members who voted for the amendment. (b) If the amendment is made by the incorporator or incorporators or directors before the electric membership corporation has any members, the articles of amendment shall be executed by the incorporator or incorporators or directors, as the case may be, and shall set forth: (1) The name of the electric membership corporation. (2) The amendment so adopted and the date of adoption. (3) A statement that the amendment is made by the incorporator or incorporators or directors before the electric membership corporation has any members. 34C-904. Filing of articles of amendment; publication of notice. (a) If the purpose or one of the purposes of the articles of amendment is to change the corporate name, the electric membership corporation shall cause to be obtained from the Secretary of State a certificate which states that the proposed name is available in accordance with Code Section 34C-301 regarding the corporate name. Such certificate shall be issued upon application to reserve the use of the proposed name as provided in Code Section 34C-302 and shall be valid for the period provided in that Code section, including any extension of such period granted by the Secretary of State. Upon the expiration of such period or any extension thereof, the certificate shall become void unless the amendment changing the corporate name shall have become effective within such time. (b) The electric membership corporation shall cause the original articles of amendment and two conformed copies of said articles to be delivered to the Secretary of State for filing as provided in subsection (a) of Code Section 34C-105. (c) Together with the articles of amendment, the electric membership corporation shall cause to be delivered to the Secretary of State: (1) If subsection (a) of this Code section is applicable, the certificate issued by the Secretary of State reserving the proposed corporate name.

Page 1645
(2) Payment to the Secretary of State of the fee provided for in Code Section 34C-1402. (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 electric membership 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. (4) A letter addressed to the publisher of a newspaper which is the official organ of the county where the registered office of the electric membership corporation is located or which is a newspaper of general circulation published within said county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation. Said letter shall contain a notice to be published four times in said newspaper and shall be in substantially the following form: (Name and address of the newspaper designated by the electric membership corporation) Dear Sirs: You are requested to publish, four times, a notice in the following form: `The Articles of Incorporation of..... (name of electric membership corporation) have been duly amended on.....,....., (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 Code Title 34C, the Georgia 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. Very truly yours, (Name and address of the electric membership corporation or its representative)
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(5) A check, draft, or money order in the amount of $60.00 payable to the designated newspaper. (d) Upon delivery of the articles of amendment to the Secretary of State, the Secretary of State shall affix thereon the hour, day, month, and year of delivery. Not later than the close of business on the first business day following the day of delivery, the Secretary of State shall either issue a certificate of amendment in the manner provided in this Code section or shall reject said articles in the manner provided in this Code section. (e) If the Secretary of State finds that the articles of amendment appear to be in proper form for filing and are accompanied by the other items required by subsection (c) of this Code section, he shall, in addition to the requirements of subsection (a) of Code Section 34C-105: (1) Issue a certificate of amendment which shall state that the articles of incorporation have been duly amended by the filing of articles of amendment in the office of the Secretary of State and the fees paid therefor, as provided by law, and attach the certificate to one conformed copy of the articles of amendment. (2) Return said certificate of amendment with the conformed copy of the articles of amendment attached thereto to the electric membership corporation or its representative. A copy of the certificate of amendment shall be attached to the original articles of amendment. (3) Forward a conformed copy of the articles of amendment with a copy of the certificate of amendment attached thereto, along with the check, draft, or money order provided for in paragraph (3) of subsection (c) of this Code section, to the clerk of the superior court in the county where the registered office of the electric membership corporation is located, within four business days after the articles of amendment have been delivered to the Secretary of State for filing. (4) Mail the letter and the check, draft, or money order provided for in paragraphs (4) and (5) of subsection (c) of this Code section, with the date inserted in the notice, to the designated newspaper within four business days after the articles of amendment have been delivered to the Secretary of State for filing.
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(f) If the Secretary of State finds that the articles of amendment do not appear to be in proper form for filing or are not accompanied by the other items required by subsection (c) of this Code section, he shall reject said articles for filing and shall immediately notify the electric membership corporation or its representative of such rejection by mailing a notice no later than the close of business on the first business day following the day of delivery of the articles of amendment for filing. Said notice shall specify the reason or reasons for rejection of the articles of amendment, and said articles and all accompanying materials shall be returned therewith. (g) The conformed copy of the articles of amendment, with a copy of the certificate of amendment attached thereto, provided for in paragraph (3) of subsection (e) of this Code section shall be filed upon receipt by the clerk of the superior court of said county. Failure on the part of the Secretary of State to mail the conformed copy of the articles of amendment or failure on the part of the clerk of the superior court to comply with this subsection shall not invalidate the issuance of the certificate of amendment by the Secretary of State. (h) The notice provided for in paragraph (4) of subsection (c) of this Code section shall be published within ten days after receipt of the notice by the newspaper. Failure on the part of the Secretary of State to mail the notice or failure on the part of the newspaper to comply with this subsection shall not invalidate the issuance of the certificate of amendment by the Secretary of State. 34C-905. When amendment becomes effective; effect on prior rights. (a) If the Secretary of State

issues a certificate of amendment, the amendment shall become effective as of the time of delivery to the Secretary of State of the articles of amendment so certified; and the articles of incorporation shall be deemed to be amended accordingly. (b) No amendment shall affect any existing cause of action in favor of or against such electric membership corporation, or any pending suit to which such electric membership corporation shall be a party, or the existing rights of persons other than members; and, in the event the corporate name shall be changed by amendment, no suit brought by or against such electric membership corporation under its former name shall abate for that reason. 34C-906. Restated articles of incorporation. (a) An electric membership corporation may at any time restate its articles of incorporation as theretofore amended.
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(b) If the restated articles restate the text of the original articles as theretofore amended, without making any further amendment or change, the restated articles may be adopted by the board of directors without a vote of the members. In the alternative, the board may submit the proposed restated articles to the members for approval in accordance with Code section 34C-902 relating to amendments of the articles of incorporation. (c) Any amendment or amendments to the articles of incorporation may be adopted in the form of restated articles of incorporation. In such case the restated articles shall be submitted to the members for approval in accordance with Code section 34C-902 relating to amendments of the articles of incorporation. (d) Upon adoption or approval of the proposed restated articles by the directors or the members, as the case may be, restated articles of incorporation shall be executed by the corporation as provided in Code Section 34C-104, and shall set forth: (1) All provisions required by Code Section 34C-702 to be included in original articles of incorporation at the time of restatement, except for the omissions expressly permitted by subsection (e) of this Code section. (2) If the restated articles of incorporation restate the text of the original articles of incorporation as theretofore amended, without making any further amendment or change, that the restatement purports merely to restate but not to change the original articles of incorporation as theretofore amended, and that there is no discrepancy, other than that expressly permitted by subsection (e) of this Code section, between said provisions and the provisions of the restated articles. (3) If any amendment or amendments to the articles of incorporation are adopted in the form of restated articles of incorporation, that the restatement purports merely to restate all those provisions then in effect not being amended by such new amendment or amendments. (4) The date upon which the restatement was authorized by the directors or members, as the case may be.
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(5) If the restatement was authorized by the directors without a vote of the members, the director vote required to adopt the restatement and the number of directors who voted for the restatement. (6) If the restatement was authorized by the members, the member vote required to adopt the restatement, the number of members entitled to vote, and the number of members who voted for the restatement. (7) That the restated articles supersede the original articles of incorporation as theretofore amended. (e) A restated articles of incorporation need not include statements as to the incorporator, the initial board of directors, the address of the initial registered office, or the name of the initial registered agent. (f) The electric membership corporation shall cause the original restated articles of incorporation and two conformed copies of said restated articles to be delivered to the Secretary of State for filing as provided in subsection (a) of Code Section 34C105. (g) Together with restated articles of incorporation, the electric membership corporation shall cause to be delivered to the Secretary of State: (1) If subsection (c) of this Code section is applicable and if the purpose of the amendment or of one of the amendments to the articles of incorporation is to change the corporate name, the certificate issued by the Secretary of State reserving the proposed corporate name. (2) Payment to the Secretary of State of the fee provided for in Code Section 34C-1402. (3) If subsection(c) of this Code section is applicable, a letter containing a notice for legal publication substantially in the form provided in paragraph (4) of subsection (c) of Code Section 34C-904 and a check, draft, or money order in the amount of $60.00 payable to the designated newspaper.
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(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 electric membership 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. (h) Upon delivery of the restated articles of incorporation to the Secretary of State, the Secretary of State shall affix thereon the hour, day, month, and year of delivery. Not later than the close of business on the first business day following the day of delivery, the Secretary of State shall either issue a restated certificate of incorporation in the manner

provided in this Code section or shall reject said restated articles in the manner provided in this Code section. (i) If the Secretary of State finds that the restated articles of incorporation appear to be in proper form for filing and are accompanied by the other items required by subsection (g) of this Code section, he shall, in addition to the requirements of subsection (a) of Code Section 34C-105: (1) Issue a restated certificate of incorporation which shall state that the articles of incorporation, as theretofore amended, have been restated and, where subsection (c) of this Code section is applicable, have been amended by the filing of restated articles of incorporation in the office of the Secretary of State and the fees paid therefor, as provided by law, and attach the certificate to one conformed copy of the restated articles of incorporation. (2) Return the restated certificate of incorporation with the conformed copy of the restated articles of incorporation attached thereto to the electric membership corporation or its representative. A copy of the restated certificate of incorporation shall be attached to the original restated articles of incorporation. (3) Forward a conformed copy of the restated articles of incorporation with a copy of the restated certificate of incorporation attached thereto, along with the check, draft, or money order provided for in paragraph (4) of subsection (g) of this Code section, to the clerk of the superior court in the county where the registered office of the electric membership corporation is located, within four business days after the restated articles of incorporation have been delivered to the Secretary of State for filing.
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(4) If subsection (c) of this Code section is applicable, mail the letter and the check, draft, or money order provided for in paragraph (3) of subsection (g) of this Code section, with the appropriate date inserted in the notice, to the designated newspaper within four business days after the restated articles of incorporation have been delivered to the Secretary of State for filing. (j) If the Secretary of State finds that the restated articles of the electric membership corporation do not appear to be in proper form for filing or are not accompanied by the other items required by subsection (g) of this Code section, he shall reject said articles for filing and shall immediately notify the electric membership corporation or its representative of such rejection by mailing a notice no later than the close of business on the first business day following the day of delivery of the restated articles of incorporation for filing. Said notice shall specify the reason or reasons for rejection of the restated articles and all accompanying materials shall be returned therewith. (k) The conformed copy of the restated articles of incorporation, with a copy of the restated certificate of incorporation attached thereto, provided for in paragraph (3) of subsection (i) of this Code section shall be filed upon receipt by the clerk of the superior court of said county. Failure on the part of the Secretary of State to mail the conformed copy of the restated articles of incorporation or failure on the part of the clerk of the superior court to comply with this subsection shall not invalidate the issuance of the restated certificate of incorporation by the Secretary of State. (l) The notice provided for in paragraph (3) of subsection (g) of this Code section shall be published within ten days after receipt of the notice by the newspaper. Failure on the part of the Secretary of State to mail the notice or failure on the part of the newspaper to comply with this subsection shall not invalidate the issuance of the restated certificate of incorporation by the Secretary of State. (m) If the Secretary of State issued a restated certificate of incorporation, the restated articles of incorporation shall become effective as of the time of delivery to the Secretary of State of said restated articles so certified, and said restated articles shall supersede the original articles of incorporation as theretofore amended. (n) When a restatement has been effected without a vote of the members as permitted by subsection (b) of this Code section, that fact
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shall be disclosed in the next report that is furnished by the electric membership corporation to all its members and in any event to all its members within 12 months of the effective date of such restatement. CHAPTER 34C-10 MERGER AND CONSOLIDATION 34C-1001. Procedure for merger. (a) Any two or more electric membership corporations may merge into one of such electric membership corporations pursuant to a plan of merger approved in the manner provided in this chapter. (b) The board of directors of each electric membership corporation shall, by resolution adopted by each such board, approve a plan of merger setting forth: (1) The names of the electric membership corporations proposing to merge, and the name of the electric membership corporation into which they propose to merge, which is hereinafter designated as the surviving electric membership corporation. (2) The terms and conditions of the proposed merger. (3) The manner and basis of converting the membership interests into membership interests, rights, obligations, or securities of the surviving electric membership corporation or of any other corporation or, in whole or in part, into cash or other property. (4) A statement of any changes in the articles of incorporation of the surviving electric membership corporation to be effected by such merger. (5) Such other provisions with respect to the proposed merger as are deemed necessary or desirable. 34C-1002. Procedure for consolidation. (a) Any two or more electric membership corporations may consolidate into a new electric membership corporation pursuant to a plan of consolidation approved in the manner provided in this title. (b) The board of directors of each electric membership corporation, by a resolution adopted by each

such board, shall approve a plan of consolidation setting forth:
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(1) The names of the electric membership corporations proposing to consolidate and the name of the new electric membership corporation into which they propose to consolidate which hereinafter is designated as the new electric membership corporation. (2) The terms and conditions of the proposed consolidation. (3) The manner and basis of converting the membership interests into membership interests, rights, obligations, or securities of the new electric membership corporation or any other corporation or, in whole or in part, into cash or other property. (4) With respect to the new electric membership corporation, all of the statements required to be set forth in articles of incorporation for electric membership corporations organized under this title. (5) Such other provisions with respect to the proposed consolidation as are deemed necessary or desirable. 34C-1003. Approval by members. (a) The board of directors of each electric membership corporation, upon approving such plan of merger or plan of consolidation, shall, by resolution, direct that the plan be submitted to a vote at a meeting of members, which may be either an annual or special meeting. (b) Written notice shall be given to each member not less than 30 days before such meeting, in the manner provided in Code Section 34C-507 for the giving of notice of meetings of members and, whether the meeting is an annual or a special meeting, shall state that the purpose or one of the purposes is to consider the proposed plan of merger or consolidation. Such notice shall include: (1) A copy of the plan of merger or consolidation or an outline of the material features of the plan, and (2) A copy of the most recent annual balance sheet and annual profit and loss statement, or comparable financial statements, of each of the merging or consolidating electric membership corporations.
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If an electric membership corporation which is a party to any such plan provides retail service, notice that the merger is proposed and of the times and places of the proposed meetings of members for the purpose of voting on the merger shall be delivered not less than 30 nor more than 90 days before such meeting to the publisher of each newspaper which is the official organ of each county in which each electric membership corporation provides service or to the publisher of one or more newspapers of general circulation published within each such county whose most recently published annual statement of ownership and circulation reflect a minimum of 60 percent paid circulation, together with a check, draft, or money order in the amount of $15.00 in payment of the cost of publishing such notice and a request that such notice be published one time as soon as practicable, but in any event within ten days after receipt of the notice by the newspaper. (c) At each such meeting, a vote of the members shall be taken on the proposed plan of merger or consolidation. The proposed plan shall be adopted upon receiving at least two-thirds of the votes of the members present and voting, at a meeting at which a quorum is present. (d) After the plan of merger or consolidation has been approved and at any time prior to the issuance of the certificate of merger or certificate of consolidation by the Secretary of State as provided in subsection (f) of Code Section 34C-1004, the merger or consolidation may be abandoned pursuant to provisions therefor, if any, set forth in the plan of merger or consolidation. 34C-1004. Articles of merger or consolidation; publication of notice. (a) Articles of merger or articles of consolidation shall be executed by each electric membership corporation as provided in Code Section 34C-104, and shall set forth: (1) The plan of merger or the plan of consolidation, including the proposed name of the surviving or new electric membership corporation, which name may be that of any of the merging or consolidating electric membership corporations or any other available name permitted under this title. (2) As to each consolidating electric membership corporation and as to each merging electric membership corporation the members of which voted on such plan, a statement of the member
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vote required to adopt the plan of merger or consolidation, the number of members entitled to vote, and the vote for the plan. (3) The effective time and date of the merger or consolidation if the effective time and date of said merger or consolidation is to be after the delivery of the articles of merger or articles of consolidation to the Secretary of State, as provided in subsection (a) of Code Section 34C-1005. (b) If the proposed name of the surviving or new electric membership corporation is not that of any of the merging or consolidating electric membership corporations, any one of those electric membership corporations shall obtain from the Secretary of State a certificate which states that such name is available in accordance with Code Section 34C-301 regarding the corporate name. Such certificate shall be issued upon application to reserve the use of the proposed corporate name as provided in Code Section 34C-302 and shall be valid for the period provided in Code Section 34C-302, including any extension of such period granted by the Secretary of State. Upon the expiration of such period or any extension thereof the certificate shall become void unless a certificate of merger

or certificate of consolidation shall have been issued by the Secretary of State within such time. (c) The merging or consolidating electric membership corporations shall cause the original articles of merger or the original articles of consolidation and two conformed copies of said articles of merger or said articles of consolidation to be delivered to the Secretary of State for filing as provided in subsection (a) of Code Section 34C-105. (d) Together with the articles of merger or articles of consolidation, the merging or consolidating electric membership corporations shall cause to be delivered to the Secretary of State: (1) If subsection (b) of this Code section is applicable, the certificate issued by the Secretary of State reserving the proposed name for the surviving or new electric membership corporation. (2) Payment to the Secretary of State of the fee provided for in Code Section 34C-1402. (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 surviving or new electric membership
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corporation is to be located, in payment of the cost of filing the articles of merger or articles of consolidation in said county. (4) A letter addressed to the publisher of a newspaper which is the official organ of the county where the registered office of the surviving or new electric membership corporation is to be located or which is a newspaper of general circulation published within said county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation. Said letter shall contain a notice to be published four times in said newspaper and shall be in substantially the following form: (name and address of the newspaper designated by the merging or consolidating electric membership corporations) Dear Sirs: You are requested to publish, four times, a notice in the following form: `A (merger) (consolidation) (has been) (will be) effected by and between..... (name and state of incorporation of each of the constituent electric membership corporations) on....., (month, day, and year to be inserted by the Secretary of State) by the issuance of a certificate of (merger) (consolidation) by the Secretary of State, in accordance with the applicable provisions of the Code Title 34C, the Georgia Electric Membership Corporation Act. The name of the (surviving electric membership corporation in the merger (is) (will be).....) (new electric membership corporation resulting from the consolidation (is) (will be).....) (set forth the name and state of incorporation of the surviving electric membership corporation or new electric membership 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 and address of merging or consolidating electric membership corporations or their representative)
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(5) A check, draft, or money order in the amount of $60.00 payable to the designated newspaper. (e) Upon delivery of the articles of merger or articles of consolidation to the Secretary of State, the Secretary of State shall affix thereon the hour, day, month, and year of delivery. Not later than the close of business on the first business day following the day of delivery, the Secretary of State shall either issue a certificate of merger or certificate of consolidation in the manner provided in this Code section or shall reject said articles in the manner provided in this Code section. (f) If the Secretary of State finds that the articles of merger or articles of consolidation appear to be in proper form for filing and are accompanied by the other items required by subsection (d) of this Code section, he shall, in addition to requirements of subsection (a) of Code Section 34C-105: (1) Issue a certificate of merger or a certificate of consolidation which shall state that the merging or consolidating electric membership corporations have been or will be duly merged or consolidated, as the case may be, and the effective date thereof, by the filing of articles of merger or articles of consolidation in the office of the Secretary of State and the fees paid therefor, as provided by law, and attach the certificate of merger or certificate of consolidation to one conformed copy of the articles of merger or articles of consolidation. (2) Return said certificate of merger or certificate of consolidation with the conformed copy of the articles of merger or articles of consolidation attached thereto to the surviving or new electric membership corporation, as the case may be, or its representative. A copy of said certificate shall be attached to the original articles of merger or articles of consolidation. (3) Forward a conformed copy of the articles of merger or articles of consolidation with a copy of the certificate of merger or certificate of consolidation, as the case may be, attached thereto, along with the check, draft, or money order provided for in paragraph (3) of subsection (d) of this Code section, to the clerk of
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the superior court in the county where the registered office of the surviving or new electric membership corporation is to be located, within four business days after the articles of merger or articles of consolidation have been delivered to the

Secretary of State for filing. (4) Mail the letter and check, draft, or money order provided for in paragraphs (4) and (5) of subsection (d) of this Code section, to the designated newspaper within four business days after the articles of merger or articles of consolidation have been delivered to the Secretary of State for filing. (g) If the Secretary of State finds that the articles of merger or articles of consolidation do not appear to be in proper form for filing or are not accompanied by the other items required by subsection (d) of this Code section, he shall reject said articles for filing and shall immediately notify the merging or consolidating electric membership corporations or their representative of such rejection by mailing a notice no later than the close of business on the first business day following the day of delivery of the articles of merger or articles of consolidation for filing. Said notice shall specify the reason or reasons for rejection of the articles of merger or articles of consolidation, and said articles and all accompanying materials shall be returned therewith. (h) The conformed copy of the articles of merger or articles of consolidation, with a copy of the certificate of merger or certificate of consolidation attached thereto, provided for in paragraph (3) of subsection(f) of this Code section shall be filed upon receipt by the clerk of the superior court of said county. Failure on the part of the Secretary of State to mail the conformed copy of the articles of merger or articles of consolidation or failure on the part of the clerk of the superior court to comply with this subsection shall not invalidate the issuance of the certificate of merger or certificate of consolidation by the Secretary of State. (i) The notice provided for in paragraph (4) of subsection (d) of this Code section and in subsection (b) of Code Section 34C-1003 shall be published within ten days after receipt of the notice by the newspaper. Failure on the part of the Secretary of State to mail the notice provided for in such paragraph (4) or failure on the part of the newspaper to comply with this subsection shall not affect the validity of the meeting of members at which the merger or consolidation is
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approved or the validity of the certificate of merger or certificate of consolidation issued by the Secretary of State. 34C1005. Effect of merger or consolidation. (a) If the Secretary of State issues a certificate of merger or certificate of consolidation, the merger or consolidation shall become effective as of the time of delivery to the Secretary of State of the articles of merger or articles of consolidation so certified, as provided in Code Section 34C-1004, or at such later time and date as said articles shall specify, not to exceed 60 days from the date of delivery of said articles to the Secretary of State. (b) When such merger or consolidation has become effective: (1) The several electric membership corporations parties to the plan of merger or consolidation shall be a single electric membership corporation, which, in the case of a merger, shall be that electric membership corporation designated in the plan of merger as the surviving electric membership corporation and, in the case of a consolidation, shall be the new electric membership corporation provided for in the plan of consolidation. (2) The separate existence of all electric membership corporations parties to the plan of merger or consolidation, except the surviving or new electric membership corporation, shall cease. (3) Such surviving or new electric membership corporation shall have all the rights, privileges, immunities, and powers and shall be subject to all the duties and liabilities of an electric membership corporation organized under this title. (4) Such surviving or new electric membership corporation shall thereupon and thereafter possess all the rights, privileges, immunities, and franchises, as well of a public as of a private nature, of each of the merging or consolidating electric membership corporations; and all property, real, personal, and mixed, and all debts due on whatever account, and all other choses in action, and all and every other interest of or belonging to or due to each of the electric membership corporations so merged or consolidated shall be taken and deemed to be transferred to and vested in such a single electric membership corporation without further act or deed; and the title to any real estate, or any interest therein, vested in any of such electric membership corporations shall not
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revert or be in any way impaired by reason of such merger or consolidation. (5) Such surviving or new electric membership corporation shall thenceforth be responsible and liable for all the liabilities and obligations of each of the electric membership corporations so merged or consolidated; and any claim existing or action or proceeding pending by or against any of such electric membership corporations may be prosecuted as if such merger or consolidation had not taken place, or such surviving or new electric membership corporation may be substituted in its place. Neither the rights of creditors nor any liens upon the property of any such electric membership corporation shall be impaired by such merger or consolidation. (6) In the case of a merger, the articles of incorporation of the surviving electric membership corporation shall be deemed to be amended to the extent, if any, that changes in its articles of incorporation are stated in the plan of merger; and, in the case of a consolidation, the statements set forth in the articles of consolidation and which are required or permitted to be set forth in the articles of incorporation of electric membership corporations organized under this title shall be deemed to be the original articles of incorporation of the new electric membership corporation.

34C-1006. Merger or consolidation of electric membership corporations and foreign electric cooperatives. (a) One or more foreign electric cooperatives and one or more electric membership corporations may be merged or consolidated into an electric membership corporation or a foreign electric cooperative, if such merger or consolidation is permitted by the laws of the jurisdiction under which each such foreign electric cooperative is organized. (b) With respect to procedure, including all filing and advertising requirements: (1) Each such foreign electric cooperative shall comply with the applicable provisions of the laws of the jurisdiction under which it is organized. (2) Each electric membership corporation shall comply with the provisions of this title relating to the merger or consolidation,
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as the case may be, of electric membership corporations. If the surviving or new corporation is to be a foreign electric cooperative without a registered office in this state, the notice provided for in paragraph (4) of subsection (d) of Code Section 34C-1004 shall be published, and the conformed copy of the articles of merger or articles of consolidation provided for in paragraph (3) of subsection (f) of Code Section 34C-1004 shall be filed in the county where the registered office of any of the electric membership corporations is located. (c) If the surviving or new corporation, as the case may be, is to be governed by the laws of any jurisdiction other than this state, it shall comply with the provisions of this title with respect to foreign electric cooperatives if it is to transact business in this state and in every case it shall be deemed to have filed with the Secretary of State of this state: (1) An agreement that it may be served with process in this state in any proceeding for the enforcement of any obligation of any electric membership corporation which is a party to such merger or consolidation; and (2) An irrevocable appointment of the Secretary of State of this state as its agent to accept service of process in any such proceeding. (d) If the surviving or new corporation is to be governed by the laws of this state, the effect of such merger or consolidation shall be the same as in the case of the merger or consolidation of electric membership corporations. If the surviving or new corporation is to be governed by the laws of any jurisdiction other than this state, the effect of such merger or consolidation shall be the same as in the case of the merger or consolidation of electric membership corporations except insofar as the laws of such other jurisdiction provide otherwise. (e) At any time prior to the issuance of the certificate of merger or certificate of consolidation by the Secretary of State, the merger or consolidation may be abandoned pursuant to provisions therefor, if any, set forth in the plan of merger or consolidation.
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CHAPTER 34C-11 SECURED TRANSACTIONS, SALE, AND OTHER DISPOSITION OF ELECTRIC MEMBERSHIP CORPORATION ASSETS 34C-1101. Secured transactions and other dispositions of assets not requiring member approval. (a) Unless the articles of incorporation or bylaws otherwise provide, the board of directors may authorize any of the following transactions without any vote or consent of the members: (1) Any sale, lease, exchange, or other disposition of less than substantially all the property and assets of the electric membership corporation. (2) The execution and delivery of any one or more mortgages, deeds of trust, or deeds to secure debt covering, or the creation by any other means of a security interest in, any or all of the real or personal property, assets, rights, privileges, licenses, franchises, and permits of the electric membership corporation, or any interest therein, as well as the revenues therefrom, whether acquired or to be acquired, and wherever situated, for the purpose of securing the payment or performance of any one or more contracts, notes, bonds, or other obligation of the electric membership corporation. (b) Any transaction made as permitted by this Code section without any vote or consent of the members may be upon such terms and conditions and for such consideration as the board may deem to be in the best interests of the electric membership corporation. 34C-1102. Sale, lease, exchange, or other disposition of corporate assets requiring member approval. A sale, lease, exchange, or other disposition of all, or substantially all, the property and assets with or without the good will of an electric membership corporation, in all cases other than those dealt with in Code Section 34C-1101 regarding secured transactions and other dispositions of corporate assets not requiring member approval, may be made upon such terms and conditions and for such consolidation, which may consist in whole or in part of money or property, real or personal, including, but not limited to, bonds or other securities of other electric membership corporations, or foreign electric cooperatives, or shares, bonds, or other securities of any other corporations, domestic or foreign, as shall be authorized in the following manner:
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(1) The board of directors shall adopt a resolution recommending such sale, lease, exchange, or other disposition, specifying to the extent that the board sees fit any or all of the terms and conditions thereof and the consideration to be received by the electric membership corporation therefor and directing the submission thereof to a vote at a meeting of

members, which may be either an annual or a special meeting. (2) Written notice shall be given to each member not less than 30 days before such meeting, in the manner provided in Code Section 34C-507 for the giving of notice of meetings of members, and, whether the meeting is an annual or a special meeting, shall state that the purpose or one of the purposes is to consider the proposed sale, lease, exchange, or other disposition and shall fairly summarize the material features of the proposed transaction. Such written notice shall also be mailed on the earliest date such notice is given to any member of the electric membership corporation to any person who supplies retail electric service in the State of Georgia and who has a contract with the electric membership corporation under which it is entitled to any of the output of or to be served by any facility owned in whole or in part by the electric membership corporation. If the electric membership corporation provides retail service, notice that the sale, lease, exchange, or other disposition is proposed and of the time and place of the proposed meeting of members for the purpose of voting on such disposition shall be delivered not less than 30 nor more than 90 days before such meeting to the publisher of each newspaper which is the official organ of each county in which the electric membership corporation provides service or to the publisher of one or more newspapers of general circulation published within each such county whose most recently published annual statement of ownership and circulation reflect a minimum of 60 percent paid circulation, together with a check, draft, or money order in the amount of $15.00 in payment of the cost of publishing such notice and a request that such notice be published one time as soon as practicable but, in any event, within ten days after receipt of the notice by the newspaper. Such notice shall be published by each newspaper within ten days of its receipt of the notice, but failure of any newspaper to comply with such publication requirement shall not affect the validity of the meeting of members at which the disposition is approved or the validity of the disposition.
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(3) At such meeting the members may authorize such sale, lease, exchange, or other disposition and may approve or fix, or may authorize the board of directors to fix, any or all of the terms and conditions thereof and the consideration to be received by the electric membership corporation therefor. Such authorization shall require the affirmative vote of a majority of the members of the electric membership corporation. (4) After such authorization by a vote of members, the board of directors, nevertheless, in its discretion may abandon such sale, lease, exchange, or other disposition of assets, subject to the rights of third parties under any contracts relating thereto, without further action or approval by the members. CHAPTER 34C-12 DISSOLUTION 34C-1201. Voluntary dissolution. An electric membership corporation may be dissolved by the act of the electric membership corporation, when authorized in the following manner: (1) The board of directors shall adopt a resolution recommending that the electric membership corporation be dissolved, and directing that the question of such dissolution be submitted to a vote at a meeting of members, which may be either an annual or a special meeting. (2) Written notice shall be given to each member not less than 30 days before such meeting, in the manner provided in Code Section 34C-507 for the giving of notice of meetings of members and, whether the meeting be an annual or special meeting, shall state that the purpose or one of the purposes of such meeting is to consider the advisability of dissolving the electric membership corporation. Such written notice shall also be mailed on the earliest date such notice is given to any member of the electric membership corporation to any person who supplies retail electric service in the State of Georgia and who has a contract with the electric membership corporation under which it is entitled to any of the output of or to be served by any facility owned in whole or in part by the electric membership corporation. If the electric membership corporation provides retail service, notice that dissolution is proposed and of the time and place of the proposed meeting of members for the purpose of voting on dissolution shall
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be delivered not less than 30 nor more than 90 days before such meeting to the publisher of each newspaper which is the official organ of each county in which the electric membership corporation provides service or to the publisher of one or more newspapers of general circulation published within each such county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation, together with a check, draft, or money order in the amount of $15.00 in payment of the cost of publishing such notice and a request that such notice be published one time as soon as practicable but, in any event, within ten days after receipt of the notice by the newspaper. Such notice shall be published by each newspaper within ten days of its receipt of the notice, but failure of any newspaper to comply with such publication requirement shall not affect the validity of the meeting of members at which dissolution is approved. (3) At such meeting a vote of members entitled to vote thereat shall be taken on a resolution to dissolve the electric membership corporation. The resolution may fix the time within which the statement of intent to dissolve, required by this title, shall be delivered to the Secretary of State for filing and also may authorize the board to abandon dissolution proceedings and to file a statement of revocation of voluntary dissolution proceedings without further member

action. Such resolution shall be adopted upon receiving the affirmative vote of a majority of the members of the electric membership corporation. (4) Upon the adoption of such resolution, a statement of intent to dissolve shall be executed by the electric membership corporation as provided in Code Section 34C-104, which statement shall set forth: (A) The name of the electric membership corporation and its date and county of incorporation. (B) The names and respective addresses of its officers. (C) The names and respective addresses of its directors. (D) A copy of the resolution adopted by the members authorizing the dissolution of the electric membership corporation.
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(E) The member vote required to adopt the resolution to dissolve the electric membership corporation, the number of members entitled to vote, and the vote for the resolution. 34C-1202. Filing of statement of intent to dissolve. The statement of intent to dissolve shall be delivered to the Secretary of State for filing as provided in Code Section 34C-105. The electric membership corporation shall also forward a copy of such statement to the state revenue commissioner for filing. 34C-1203. Effect of statement of intent to dissolve. Upon the filing by the Secretary of State of a statement of intent to dissolve, the electric membership corporation shall cease to carry on its business, except insofar as may be necessary or appropriate for the winding up thereof, but its corporate existence shall continue until the time provided in subsection (g) of Code Section 34C-1209. 34C-1204. Procedure after filing statement of intent to dissolve. (a) The electric membership corporation shall immediately cause notice of its intent to dissolve to be published in a newspaper which is the official organ of the county where the registered office of the electric membership corporation is located or which is a newspaper of general circulation published within said county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation. Said notice shall be published four times in said newspaper and shall be in substantially the following form. A Statement of Intent to Dissolve..... (name of electric membership corporation), a Georgia electric membership corporation with registered office at..... (address of registered office), has been delivered to the Secretary of State by said electric membership corporation and filed by him on....., 19..... (month, day, and year), in accordance with the applicable provisions of Code Title 34C, the `Georgia Electric Membership Corporation Act.' (b) The electric membership corporation shall proceed to collect its assets, convey and dispose of such of its properties as are not to be distributed in kind to its members and former members, pay, satisfy, and discharge its liabilities and obligations, and do all other acts required to liquidate its business and affairs and, after paying or adequately providing for the payment of all its obligations, distribute
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the remainder of its assets, either in cash or in kind, among its members and former members according to their respective rights and interests as such rights and interests are established under the articles of incorporation and bylaws. (c) The electric membership corporation, at any time during the liquidation of its business and affairs, may make application to the superior court of the county where the registered office of the electric membership corporation is situated to have the liquidation continued under the supervision of the court as provided in Code Section 34C-1212. 34C-1205. Revocation of voluntary dissolution proceedings by act of electric membership corporation. An electric membership corporation may, at any time prior to the issuance of a certificate of dissolution by the Secretary of State as provided in subsection (d) of Code Section 34C-1209, revoke voluntary dissolution proceedings theretofore taken, in the following manner: (1) The board of directors shall adopt a resolution recommending that the voluntary dissolution proceedings be revoked and directing that the question of such revocation be submitted to a vote at a special meeting of members. (2) Written notice, stating that the purpose or one of the purposes of such meeting is to consider the advisability of revoking the voluntary dissolution proceedings, shall be given to each member within the time and in the manner provided in Code Section 34C507 for the giving of notice of special meetings of members. (3) At such meeting a vote of the members shall be taken on a resolution to revoke voluntary dissolution proceedings which shall require for its adoption the affirmative vote of a majority of all the members. (4) Upon the adoption of such resolution, a statement of revocation of voluntary dissolution proceedings shall be executed by the electric membership corporation as provided in this title, which statement shall set forth: (A) The name of the electric membership corporation.
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(B) The names and respective addresses of its officers. (C) The names and respective addresses of its directors. (D) A copy of the resolution adopted by the members revoking the voluntary dissolution proceedings. (E) The member vote required to adopt the resolution to revoke voluntary dissolution proceedings, the number of members entitled to vote, and the vote for the resolution. (5) If the board has been authorized, in the original resolution to dissolve the electric

membership corporation adopted by the members, to abandon dissolution proceedings and to file a statement of revocation of voluntary dissolution proceedings without further member action, then said statement shall be executed by the electric membership corporation as provided in Code Section 34C-104 upon the adoption by the board of a resolution recommending that the voluntary dissolution proceedings be revoked. In such case said statement shall set forth a copy of said resolution adopted by the board and shall briefly state why action by the members was not required; but said statement need not be responsive to subparagraphs (D) and (E) of paragraph (4) of this Code section. 34C-1206. Filing of statement of revocation of voluntary dissolution proceedings. The statement of revocation of voluntary dissolution proceedings shall be delivered to the Secretary of State for filing as provided in Code Section 34C-105. 34C-1207. Effect of statement of revocation of voluntary dissolution proceedings. Upon the filing by the Secretary of State of a statement of revocation of voluntary dissolution proceedings, the revocation of the voluntary dissolution proceedings shall become effective and the electric membership corporation may again carry on its business. 34C-1208. Articles of dissolution. If voluntary dissolution proceedings under Code Section 34C-1201 have not been revoked, then when all debts, liabilities and obligations of the electric membership corporation have been paid and discharged, or adequate provision has been made therefor, and all of the remaining property and assets of
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the electric membership corporation have been distributed to its members and former members, or adequate provision has been made therefor, articles of dissolution shall be executed by the electric membership corporation as provided in Code Section 34C-104, which articles shall set forth: (1) The name of the electric membership corporation. (2) That the Secretary of State has theretofore filed a statement of intent to dissolve the electric membership corporation and the date on which such statement was filed. (3) That all debts, obligations and liabilities of the electric membership corporation have been paid and discharged or that adequate provision has been made therefor. (4) That all remaining property and assets of the electric membership corporation have been distributed among its members and former members in accordance with their respective rights and interests, or that adequate provision has been made therefor, or that such property and assets have been deposited with the Department of Administrative Services as provided in Code Section 34C-1219. (5) That there are no actions pending against the electric membership corporation in any court or that adequate provision has been made for the satisfaction of any judgment, order, or decree which may be entered against it in any pending action. 34C-1209. Filing of articles of dissolution. (a) The electric membership corporation shall cause the original articles of dissolution and two conformed copies of said articles to be delivered to the Secretary of State for filing as provided in subsection (a) of Code Section 34C-105. (b) Together with the articles of dissolution, the electric membership corporation shall cause to be delivered to the Secretary of State: (1) The electric membership corporation's certification attached to said articles that all tax returns which were due the state on the day of delivery of the articles of dissolution to the Secretary of State have been filed.
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(2) Payment to the Secretary of State of the fee provided for in Code Section 34C-1402. (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 electric membership 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. (c) Upon delivery of the articles of dissolution to the Secretary of State, the Secretary of State shall affix thereon the hour, day, month, and year of delivery. Not later than the close of business on the first business day following the day of delivery, the Secretary of State shall either issue a certificate of dissolution in the manner provided in this Code section or shall reject said articles in the manner provided in this Code section. (d) If the Secretary of State finds that the articles of dissolution appear to be in proper form for filing and are accompanied by the other items required by subsection (b) of this Code section, he shall, in addition to the requirements of subsection (a) of Code Section 34C-105: (1) Issue a certificate of dissolution which shall state that the electric membership corporation has been dissolved by the filing of articles of dissolution in the office of the Secretary of State and the fees paid therefor, as provided by law, and attach the certificate to one conformed copy of the articles of dissolution. (2) Return the certificate of dissolution with the conformed copy of the articles of dissolution attached thereto to the electric membership corporation or its representative. A copy of the certificate of dissolution shall be attached to the original articles of dissolution. (3) Forward a conformed copy of the articles of dissolution with a copy of the certificate of dissolution attached thereto, along with the check, draft, or money order provided for in paragraph (3) of subsection (b) of this Code section, to the clerk of the superior court in the county where the registered office of the electric membership corporation is located, within four business days after the articles of dissolution have been delivered to the Secretary of State for filing.

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(e) If the Secretary of State finds that the articles of dissolution do not appear to be in proper form for filing or are not accompanied by the other items required by subsection (b) of this Code section, he shall reject said articles for filing and shall immediately notify the electric membership corporation or its representative of such rejection by mailing a notice no later than the close of business on the first business day following the day of delivery of the articles of dissolution for filing. Said notice shall specify the reason or reasons for rejection of the articles of dissolution, and said articles and all accompanying materials shall be returned therewith. (f) The conformed copy of the articles of dissolution, with a copy of the certificate of dissolution attached thereto, provided for in paragraph (3) of subsection (d) of this Code section shall be filed upon receipt by the clerk of the superior court of said county. Failure on the part of the Secretary of State to mail the conformed copy of the articles of dissolution or failure on the part of the clerk of the superior court to comply with this subsection shall not invalidate the issuance of the certificate of dissolution by the Secretary of State. (g) If the Secretary of State issues a certificate of dissolution, and after the electric membership corporation or its representative has filed a copy of its statement of intent to dissolve with the state revenue commissioner, the existence of the electric membership corporation shall cease as of the time of delivery to the Secretary of State of the articles of dissolution so certified, except for the purpose of suits, other proceedings and appropriate corporate actions by members, directors, and officers as provided in Code Section 34C-1220. 34C-1210. Involuntary dissolution by superior courts. (a) The Secretary of State shall certify to the Attorney General the names of all electric membership corporations which have given cause for dissolution, as provided in subsection (b) of this Code section, together with the facts pertinent thereto. Upon receipt of the certification from the Secretary of State, the Attorney General shall mail a notice that such certification has been made, together with a statement of the facts pertinent thereto, to the electric membership corporation addressed to its registered office or, if there is no registered office, to the last known address of the electric membership corporation, to an officer listed on the most recent annual report filed with the Secretary of State or, if none, to any officer, director, or incorporator of the electric membership corporation, as shown by the records of the Secretary of State.
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(b) In addition to any other remedies provided by law, the electric membership corporation may be dissolved involuntarily by a decree of the superior court in an action filed by the Attorney General 30 days or more after the date of mailing of the notice to the electric membership corporation under subsection (a) of this Code section, when it is established that: (1) The electric membership corporation procured its articles of incorporation through fraud; or (2) The electric membership corporation has continued, after the written notice by the Attorney General to the electric membership corporation or one of its principal directors or officers, to violate this title in a manner likely to injure the public or the electric membership corporation's members, creditors, or debtors, except that the Attorney General shall not file such action so long as the electric membership corporation is contesting in good faith, in any appropriate judicial or administrative proceeding, the alleged violation or violations of this title upon which the certification to the Attorney General is based; or (3) The electric membership corporation has been adjudicated a bankrupt; or (4) The electric membership corporation has made a general assignment for the benefit of creditors; or (5) By leave of court, when a receiver has been appointed in any suit in which the affairs of the electric membership corporation are to be wound up. 34C-1211. Venue and service of process in action by Attorney General. Every action for the involuntary dissolution of an electric membership corporation shall be commenced in the name of the state by the Attorney General in the superior court of the county in which the last known registered office or principal office of the electric membership corporation, as shown by the records of the Secretary of State, is situated. Process shall issue and be served as in other civil actions. 34C1212. Jurisdiction of court to liquidate assets and business of electric membership corporation. (a) The superior courts shall have full power to liquidate the assets and business of an electric membership corporation:
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(1) In an action by at least 25 members or 10 percent of all of the members of the electric membership corporation, whichever is less, when it is established: (A) That the directors are deadlocked in the management of the corporate affairs and the members are unable to break the deadlock, that irreparable injury to the electric membership corporation is being suffered or is threatened by reason thereof, and that it is impracticable for the court to appoint a provisional director as provided in Code Section 34C-603 or to continue one in office; or (B) That the acts of the directors or those in control of the electric membership corporation are illegal or fraudulent; or (C) That the members are deadlocked in voting power and have failed, for a period which includes at least two consecutive annual meeting dates, to elect successors to

directors whose terms have expired or would have expired upon the election of their successors; or (D) That the corporate assets are being misapplied or wasted. (2) In an action by a creditor: (A) When the claim of the creditor has been reduced to judgment and an execution thereon returned unsatisfied and it is established that the electric membership corporation is insolvent; or (B) When the electric membership corporation has admitted in writing that the claim of the creditor is due and owing and it is established that the electric membership corporation is insolvent. (3) Upon application by an electric membership corporation which has filed a statement of intent to dissolve, as provided in Code Section 34C-1201, to have its liquidation continued under the supervision of the court.
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(4) When an action has been filed by the Attorney General to dissolve an electric membership corporation and it is established that liquidation of its business and affairs should precede the entry of a decree of dissolution. (b) Proceedings under paragraphs (1), (2), or (3) of subsection (a) of this Code section shall be brought in the county in which the registered office of the electric membership corporation is situated. (c) It shall not be necessary to make directors or members parties to any such action or proceeding unless relief is sought against them personally. 34C-1213. Procedure in liquidation of electric membership corporation by court. (a) In proceedings to liquidate the assets and business of an electric membership corporation, the court shall have power to issue injunctions, to appoint a receiver or receivers pendente lite, with such powers and duties as the court, from time to time, may direct, and to take such other actions as may be requisite to preserve the corporate assets wherever situated and carry on the business of the electric membership corporation until a full hearing can be had. (b) After a hearing had upon such notice as the court may direct to be given to all parties to the proceedings and to any other parties in interest designated by the court, the court may appoint a liquidating receiver or receivers with authority to collect the assets of the electric membership corporation, including all amounts owing to the electric membership corporation by members. Such liquidating receiver or receivers shall have authority, subject to the order of the court, to sell, convey, and dispose of all or any part of the assets of the electric membership corporation wherever situated, either at public or private sale. The assets of the electric membership corporation or the proceeds resulting from a sale, conveyance, or other disposition thereof shall be applied to the expenses of such liquidation and to the payment of the liabilities and obligations of the electric membership corporation and any remaining assets or proceeds shall be distributed among its members and former members according to their respective rights and interests. The order appointing such liquidating receiver or receivers shall state their powers and duties. Such powers and duties may be increased or diminished at any time during the proceedings.
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(c) The court shall have power to allow from time to time as expenses of the liquidation compensation to the receiver or receivers and to attorneys in the proceeding, and to direct the payment thereof out of the assets of the electric membership corporation or the proceeds of any sale or disposition of such assets. (d) A receiver of an electric membership corporation appointed under the provisions of this Code section shall have authority to sue and defend in all courts in his own name as receiver of such electric membership corporation. The court appointing such receiver shall have exclusive jurisdiction of the electric membership corporation and its property, wherever situated. 34C-1214. Qualification of receivers. A receiver shall in all cases be a citizen of the United States or a corporation authorized to act as receiver, which corporation may be a domestic corporation, either business or nonprofit, or a foreign corporation, either business or nonprofit, authorized to transact business in this state and shall in all cases give such bond as the court may direct with such sureties as the court may require. 34C-1215. Filing of claims in liquidation proceedings. In proceedings to liquidate the assets and business of an electric membership corporation, the court may require all creditors of the electric membership corporation to file with the clerk of the court or with the receiver, in such form as the court may prescribe, proofs under oath of their respective claims. If the court requires the filing of claims it shall fix a date, which shall be not less than four months from the date of the order, as the last day for the filing of claims and shall prescribe the notice that shall be given to creditors and claimants of the date so fixed. Prior to the date so fixed, the court may extend the time for the filing of claims. Creditors and claimants failing to file proofs of claim on or before the date so fixed may be barred, by order of court, from participating in the distribution of the assets of the electric membership corporation. 34C-1216. Discontinuance of liquidation proceedings. The liquidation of the assets and business of an electric membership corporation may be discontinued at any time during the liquidation proceedings when it is established that cause for liquidation no longer exists. In such event the court shall dismiss the proceedings and direct the receiver to redeliver to the electric membership corporation all its remaining property and assets.
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34C-1217. Decree of involuntary dissolution. In proceedings to liquidate the assets and business of an electric membership corporation, when the costs and expenses of such proceedings and all debts, obligations and liabilities of the electric membership corporation have been paid and discharged, or adequate provision has been made therefor, and all of its remaining property and assets distributed to its members or former members, or adequate provision has been made therefor, or such property and assets have been deposited with the Department of Administrative Services as provided in Code Section 34C-1219, or in case its property and assets are not sufficient to satisfy and discharge such costs, expenses, debts, and obligations, all the property and assets have been applied so far as they will go to their payment, the court shall enter a decree dissolving the electric membership corporation and, upon filing of such decree with the clerk of the court, the existence of the electric membership corporation shall cease. 34C-1218. Filing of decree of involuntary dissolution. (a) In case the court shall enter a decree dissolving an electric membership corporation, it shall be the duty of the clerk of the court to cause a certified copy of the decree to be filed with the Secretary of State. No fee shall be charged by the Secretary of State for the filing of said certified copy or for giving the notice required by subsection (b) of this Code section. (b) The Secretary of State shall give notice of the decree dissolving the electric membership corporation and of the date of its entry to: (1) The clerk of the superior court of the county where the electric membership corporation's last known registered office or principal office, as shown by the records of the Secretary of State, is situated, if such decree has been entered by the superior court of another county; and (2) The clerk of the superior court of the county where the electric membership corporation's articles of incorporation were filed, if such decree has been entered by the superior court of another county. No fee shall be charged by said clerks for receiving and filing the notice required by this subsection.
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34C-1219. Deposit with Department of Administrative Services of amount due certain creditors or members. Upon the voluntary or involuntary dissolution of an electric membership corporation, the portion of the assets distributable to a creditor or member who is unknown or cannot be found, or who is under disability and there is no person legally competent to receive such distributive portion, shall be reduced to cash and deposited with the Department of Administrative Services and shall be paid over to such creditor or member or to his legal representative upon proof satisfactory to the Department of Administrative Services of his right thereto. After the Department of Administrative Services has held the unclaimed cash for six months, the Department of Administrative Services shall pay such cash to the Board of Regents of the University System of Georgia, to be held without liability for profit or interest until a claim for such cash shall be filed with the Department of Administrative Services by the parties entitled thereto. No such claim shall be made more than six years after such cash is deposited with the Department of Administrative Services. 34C-1220. Survival of remedy after dissolution. The dissolution of an electric membership corporation in any manner, except by a decree of court when the court has supervised the liquidation of the assets and business of the electric membership corporation as provided in this title, shall not take away or impair any remedy available to or against such electric membership corporation, its directors, officers, or members for any right or claim existing, or any liability incurred, prior to such dissolution if action or other proceeding thereon is pending on the date of such dissolution or is commenced within two years after the date of such dissolution. Any such action or proceeding by or against the electric membership corporation may be prosecuted or defended by the electric membership corporation in its corporate name. The members, directors, and officers shall have power to take such corporate or other action as shall be appropriate to protect such remedy, right, or claim. 34C-1221. Revival after dissolution by expiration of period of duration. An electric membership corporation that has been dissolved by the expiration of its period of duration but which has continued in business in ignorance of such expiration may revive its corporate existence by amending its articles of incorporation at any time during a period of 15 years immediately following the expiration date fixed by the articles of incorporation so as to extend its period of duration. As of the effective date of the amendment, the corporate existence
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shall be deemed to have continued without interruption from said expiration date. If during the period between expiration and revival the name of the electric membership corporation has been assumed, reserved, or registered by any other electric membership corporation, the revived electric membership corporation shall not engage in business until it has amended its articles of incorporation to change its name. CHAPTER 34C-13 ANNUAL REPORTS 34C-1301. Annual reports of electric membership corporation and foreign electric cooperative. (a) Each electric membership corporation and each foreign electric cooperative authorized to transact business in this state shall file, within the time prescribed by this title, an annual report setting forth: (1) The name of the electric membership corporation or foreign

electric cooperative and the jurisdiction under the laws of which it is incorporated. (2) The address of the registered office of the electric membership corporation or foreign electric cooperative in this state and the name of its registered agent in this state at such address and, in the case of a foreign electric cooperative, the address of its principal office or registered office in the jurisdiction under the laws of which it is incorporated. (3) The names and respective addresses of the three principal officers of the electric membership corporation or foreign electric cooperative. (4) Such additional information as may be necessary or appropriate as determined by the Secretary of State for the performance of his duties under this title. (b) Such annual report shall be made on forms prescribed by the Secretary of State, and the information therein contained shall be given as of the date of the execution of the report. The Secretary of State shall mail such report forms to the last known address of each electric membership corporation and foreign electric cooperative; however, the failure of any electric membership corporation or foreign electric cooperative to receive such forms shall not relieve that
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electric membership corporation or foreign electric cooperative of its responsibility to obtain appropriate forms, complete and file same with the Secretary of State. In the event an electric membership corporation or foreign electric cooperative has not filed a report within two previous calendar years, the Secretary of State shall not be required to mail to such electric membership corporation or foreign electric cooperative the required forms. It shall be executed by the electric membership corporation or foreign electric cooperative by its president, a vice president, secretary, an assistant secretary, treasurer, or an assistant treasurer or, if the electric membership corporation or foreign electric cooperative is in the hands of a receiver or trustee, it shall be executed on behalf of the electric membership corporation or foreign electric cooperative by such receiver or trustee. 34C-1302. Filing of annual report of electric membership corporation and foreign electric cooperative. Such annual report of an electric membership corporation or foreign electric cooperative shall be delivered to the Secretary of State between the first day of January and the first day of April of each year, except that the initial annual report of a foreign electric cooperative shall be filed with its application for a certificate of authority. The initial annual report of an electric membership corporation shall be filed within 90 days after the day its articles of incorporation are delivered to the Secretary of State for filing, except that the initial annual report of an electric membership corporation whose articles of incorporation are delivered to the Secretary of State for filing subsequent to October 1 shall be filed between the first day of January and the first day of April of the year next succeeding the calendar year in which its certificate of incorporation was issued by the Secretary of State. Proof to the satisfaction of the Secretary of State that prior to midnight on the last day of such filing period such report was deposited in the United States mail in a sealed envelope, properly addressed, with first class postage prepaid, shall be deemed a compliance with this requirement. If the Secretary of State finds that such report conforms to the requirements of this title, he shall file the same. If he finds that it does not so conform, he shall promptly return the same to the electric membership corporation or foreign electric cooperative for any necessary corrections, in which event the penalties hereinafter prescribed for failure to file such report within the time hereinabove provided shall not apply if such report is corrected to conform to the requirements of this title and returned to the Secretary of State within one calendar month from the date it was returned by him to the electric membership corporation or foreign electric cooperative.
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CHAPTER 34C-14 FEES AND CHARGES 34C-1401. Fees and charges to be collected by Secretary of State. The Secretary of State shall charge and collect in accordance with the provisions of this title: (1) Fees for filing documents and issuing certificates. (2) Miscellaneous charges. 34C-1402. Fees of Secretary of State for filing documents and issuing certificates. The Secretary of State shall charge and collect for: (1) Filing articles of incorporation and issuing a certificate of incorporation, $15.00. (2) Filing articles of amendment and issuing a certificate of amendment, $15.00. (3) Filing restated articles of incorporation and issuing a certificate of restated articles, $15.00. (4) Filing articles of merger or consolidation and issuing a certificate of merger or consolidation, $20.00. (5) Filing an application to reserve a corporate name, $3.00; and filing an application to reserve a corporate name for a period of five years pursuant to subsection (c) of Code Section 34C-302, $30.00. (6) Filing a notice of transfer of a reserved corporate name, $3.00. (7) Filing a statement of change of address of registered office or change of registered agent, or both, $3.00. (8) Filing a statement of intent to dissolve, $1.00. (9) Filing a statement of revocation of voluntary dissolution proceedings, $1.00.
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(10) Filing articles of dissolution, $1.00. (11) Filing an application of a foreign electric cooperative for certificate of authority to transact business in this state and issuing a certificate of authority, $100.00. (12) Filing an application of a

foreign electric cooperative for an amended certificate of authority to transact business in this state and issuing an amended certificate of authority, $20.00. (13) Filing a copy of an amendment to the articles of incorporation of a foreign electric cooperative holding a certificate of authority to transact business in this state, $10.00. (14) Filing a copy of articles of merger of a foreign electric cooperative holding a certificate of authority to transact business in this state, $20.00. (15) Filing an application for withdrawal of a foreign electric cooperative and issuing a certificate of withdrawal, $10.00. (16) Filing any other statement or report, except an annual report, of an electric membership corporation or foreign electric cooperative, $3.00. (17) Filing the annual report of an electric membership corporation or foreign electric cooperative, $5.00. 34C-1403. Miscellaneous charges. The Secretary of State shall charge and collect: (1) For furnishing a certified copy of any document, instrument, or paper relating to an electric membership corporation or foreign electric cooperative, 30 per page and $1.00 for the certificate and affixing the seal thereto. (2) For furnishing a certificate of search or a certificate of good standing, $5.00. (3) At the time of any service of process on him as resident agent of an electric membership corporation or foreign electric cooperative, $4.00, which amount may be recovered as taxable costs by the party to the suit or action causing such service to be made if such party prevails in the suit or action.

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34C-1404. Fees for advertising. The fee to be allowed to publishers for publishing any notice required under this title shall be $15.00 for each insertion. CHAPTER 34C-15 PROVISIONS RELATING TO THE SECRETARY OF STATE 34C-1501. Interrogatories by Secretary of State. The Secretary of State may propound to any electric membership corporation or foreign electric cooperative subject to the provisions of this title, and to any officer or director thereof, such interrogatories as may be reasonably necessary and proper to enable him to ascertain whether such electric membership corporation or foreign electric cooperative had complied with all the provisions of this title applicable to such electric membership corporation or foreign electric cooperative. Such interrogatories shall be answered within 30 days after the mailing thereof, or within such additional time as shall be fixed by the Secretary of State, and the answers thereto shall be full and complete and shall be made in writing and under oath. If such interrogatories are directed to an individual they shall be answered by him and, if directed to an electric membership corporation or foreign electric cooperative, they shall be answered by the president, a vice president, secretary, an assistant secretary, treasurer, or an assistant treasurer thereof. The Secretary of State need not file any document to which such interrogatories relate until such interrogatories are answered as provided in this Code section and not then if the answers thereto disclose that such document is not in conformity with the provisions of this title. The Secretary of State shall certify to the Attorney General, for such action as the Attorney General may deem appropriate, all interrogatories and answers thereto which disclose a violation of any of the provisions of this title. 34C-1502. Information disclosed by interrogatories. Interrogatories propounded by the Secretary of State and the answers thereto shall not be open to public inspection nor shall the Secretary of State disclose any facts or information obtained therefrom except insofar as his official duty may require the same to be made public or in the event such interrogatories or the answers thereto are required for evidence in any criminal proceedings or in any other action by this state. 34C-1503. Powers of Secretary of State. The Secretary of State shall have the power and authority reasonably necessary to enable
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him to administer this title efficiently and to perform the duties imposed upon him by this title including, without limitation, the power and authority to employ from time to time such additional personnel as in his judgment are required for those purposes. 34C-1504. Appeal from Secretary of State. (a) If the Secretary of State shall refuse to grant a name certificate, or shall revoke the reservation of a corporate name as provided in subsection (e) of Code Section 34C-302, or shall refuse to file any articles of incorporation, amendment, merger, consolidation, or dissolution, or any other document required by this title to be filed by the Secretary of State, he shall, within ten days after application for the name certificate is made, or his revocation of a reservation of a corporate name, or the delivery of any of the aforesaid documents to him, give written notice of his action to the person making such application, or having made such reservation of corporate name, or delivering such document, specifying the date of and the reasons for his action. Within 40 days from the date of such action by the Secretary of State such person may appeal to the superior court of the county in which the registered office of the electric membership corporation or foreign electric cooperative affected by such action is, or is proposed to be, situated by filing with the clerk of such court a petition setting forth a copy of such application, or of such reservation, or of the articles or other document sought to be filed and a copy of the written notice from the Secretary of State of his action; whereupon the matter shall promptly be tried de novo by the court without a jury and the court shall either sustain the action of the Secretary of State or direct him to take such action as the court may deem proper. (b) If the Secretary of State shall revoke the certificate of authority to transact business in this state of any foreign electric cooperative, pursuant

to the provisions of Code Sections 34C-1717 and 34C-1719, such foreign electric cooperative may likewise appeal to the superior court of the county where the registered office of such foreign electric cooperative in this state is situated, by filing with the clerk of such court a petition setting forth a copy of its certificate of authority to transact business in this state and a copy of the notice of revocation given by the Secretary of State; whereupon the matter shall be tried de novo by the court without a jury, and the court shall either sustain the action of the Secretary of State or direct him to take such action as the court may deem proper.
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(c) Appeals from all final orders and judgments entered by the superior court under this Code section in review of any ruling or decision of the Secretary of State may be taken to the Court of Appeals or the Supreme Court in the same manner as in other civil cases. CHAPTER 34C-16 PENALTIES 34C-1601. Penalties imposed upon electric membership corporations and foreign electric cooperatives. (a) Each electric membership corporation and each foreign electric cooperative that fails or refuses to file its annual report for any year shall be penalized $25.00 for each year in which it so fails or refuses. (b) Each foreign electric cooperative that transacts business in this state without authority, after 30 days, shall be subject to a penalty of $500.00 for each year or part thereof during which it so transacts business. (c) The Attorney General, at the direction of the Secretary of State, shall bring proceedings in the name of the state to enforce the penalties imposed by this Code section. (d) When an electric membership corporation or foreign electric cooperative fails or refuses to answer truthfully and fully within the time prescribed by Code Section 34C-1501 interrogatories propounded by the Secretary of State in accordance with Code Section 34C-1501, the Secretary of State shall certify such fact to the Attorney General and shall concurrently mail to the electric membership corporation or foreign electric cooperative at its registered office or, if there is no registered office, at its last known address as shown by the records of the Secretary of State, a notice that such certification has been made, together with a statement of the facts pertinent thereto. Within 60 days of the date of such certification, the Attorney General shall apply in the name of the state to the superior court of the county where the registered office or principal office of the electric membership corporation, as shown by the records of the Secretary of State, is situated for an order compelling the electric membership corporation to answer the interrogatories truthfully and fully, unless prior to the filing of such application the electric membership corporation shall have so answered the interrogatories. If the electric membership corporation fails or refuses to comply with the order within 30 days
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from the date of its entry, such failure or refusal may be considered a contempt of that court and the electric membership corporation may be fined therefor in any amount not exceeding $500.00. (e) Each foreign electric cooperative that fails to comply with the provisions of Code Section 34C-1711 shall be subject to a penalty of $50.00 for each such violation. 34C-1602. Penalties imposed upon officers and directors. (a) When an officer or director of an electric membership corporation or foreign electric cooperative fails or refuses within the time prescribed by Code Section 34C-1501 to answer truthfully and fully interrogatories propounded to him by the Secretary of State in accordance with Code Section 34C1501, the Secretary of State shall certify such fact to the Attorney General and shall concurrently mail to the officer or director a notice, addressed to such officer or director at the registered office of the electric membership corporation or foreign electric cooperative or, if there is no such registered office, at the last known address of the electric membership corporation or foreign electric cooperative as shown by the records of the Secretary of State, that such certification has been made, together with a statement of the facts pertinent thereto. Within 60 days of the date of such certification, the Attorney General shall apply in the name of the state to the superior court of the county where the registered office or principal office of the electric membership corporation, as shown by the records of the Secretary of State, is situated for an order compelling the officer or director to answer the interrogatories truthfully and fully, unless prior to the filing of such application the officer or director shall have so answered the interrogatories. If the officer or director fails or refuses to comply with the order within 30 days from the date of its entry, such failure or refusal may be considered a contempt of that court and the officer or director may be fined therefor in any amount not exceeding $500.00. (b) Each officer or director of an electric membership corporation or foreign electric cooperative who signs any articles, statement, report, application, or other document filed with the Secretary of State, which is known to such officer or director to be false in any material respect, shall be deemed to be guilty of a misdemeanor and upon conviction thereof may be fined in any amount not exceeding $500.00.
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CHAPTER 34C-17 FOREIGN ELECTRIC COOPERATIVES 34C-1701. Admission of foreign electric cooperative. (a) No foreign electric cooperative shall have the right to transact business in this state until it shall have procured a certificate of authority so to do from the Secretary of State. No foreign electric cooperative shall be entitled to procure a certificate of authority under this title to transact in this state any business which an electric membership corporation organized under the laws of this state is not permitted to transact, and no foreign electric cooperative shall be entitled to procure a certificate of authority to transact any business in this state which under any of the laws of this state a foreign electric cooperative is not permitted to transact. Any foreign electric cooperative to which a certificate of authority is granted shall be subject to all licensing and regulatory statutes of this state relating to businesses of the kind which the foreign electric cooperative proposes to transact in this state. A foreign electric cooperative shall not be denied a certificate of authority by reason of the fact that the laws of the state under which such foreign electric cooperative is organized governing its organization and internal affairs differ from the laws of this state, and nothing contained in this title shall be construed to authorize this state to regulate the organization or the internal affairs of such foreign electric cooperative. (b) Without excluding other activities which may not constitute transacting business in this state, a foreign electric cooperative shall not be considered to be transacting business in this state, for the purposes of qualification under this title, solely by reason of carrying on in this state any one or more of the following activities: (1) Maintaining or defending any action or suit or any administrative or arbitration proceeding, or effecting the settlement thereof or the settlement of claims or disputes. (2) Holding meetings of its directors or members or carrying on other activities concerning its internal affairs. (3) Maintaining bank accounts, or share accounts in savings and loan associations, custodian or agency arrangements with a bank or trust company, or stock or bond brokerage accounts.
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(4) Securing or collecting debts or enforcing any rights in property securing the same. (5) Effecting transactions in interstate or foreign commerce. (6) Owning and controlling a subsidiary electric membership corporation or other corporation incorporated in or transacting business within this state. (7) Conducting an isolated transaction not in the course of a number of repeated transactions of like nature. (c) This Code section shall not be deemed to establish a standard for activities which may subject a foreign electric cooperative to taxation or to service of process under any of the laws of this state. 34C-1702. Powers of foreign electric cooperatives. A foreign electric cooperative which has received a certificate of authority under this title shall, until a certificate of revocation or of withdrawal shall have been issued as provided in this title, enjoy the same, but no greater, rights and privileges as an electric membership corporation organized for the purposes set forth in the application pursuant to which such certificate of authority is issued; and, except as otherwise provided in this title, shall be subject to the same duties, restrictions, penalties, and liabilities now or hereafter imposed upon an electric membership corporation. 34C-1703. Name of foreign electric cooperative. (a) No certificate of authority shall be issued to a foreign electric cooperative unless the corporate name shall be written in Roman or cursive letters or Arabic or Roman numbers and: (1) Shall contain the word `cooperative,' `corporation,' `company,' `incorporated,' or `limited,' or shall contain an abbreviation of one of such words. (2) Shall not contain any word or phrase which indicates or implies that the foreign electric cooperative is organized for any purpose other than one or more of the purposes permitted by its articles of incorporation. (3) Shall not be the same as or confusingly similar to:
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(A) The name of any electric membership corporation or other corporation, whether for profit or not for profit, existing under the laws of this state. (B) The name of any foreign electric cooperative or other corporation, whether for profit or not for profit, authorized to transact business in this state. (C) A name the exclusive right to which is at the time reserved in the manner provided in Part II of Code Title 22, the `Georgia Nonprofit Corporation Act,' Part I of Code Title 22, the `Georgia Business Corporation Act,' or in this title. (D) The name of a corporation which has in effect a registration of its corporate name as provided in Part I of Code Title 22, the `Georgia Business Corporation Act.' (E) Any name prohibited by any other law of this state. (b) Whenever a foreign electric cooperative is unable to obtain a certificate of authority to transact business in this state because its corporate name does not comply with the provisions of subparagraphs (A) through (D) of paragraph (3) of subsection (a) of this Code section, it may nonetheless apply for authority to transact business in this state by adding to its corporate name in such application a word, abbreviation, or other distinctive and distinguishing element, such as, for example, the name of the state of its incorporation in parenthesis. If in the judgment of the Secretary of State the corporate name with such addition would comply with the provisions of subparagraphs (A) through (D) of paragraph (3) of subsection (a) of this Code section, said subparagraphs shall not be a bar to the issuance to such foreign electric cooperative of a certificate of authority to transact business in this state. In such case, any such certificate issued to such foreign electric cooperative shall be issued in its corporate name with such

additions and the foreign electric cooperative shall use such corporate name with such additions in all its dealings with the Secretary of State and in the conduct of its affairs in this state. (c) Nothing in this Code section shall: (1) Prevent the use of the name of any electric membership corporation or other corporation, whether domestic or foreign, by a foreign electric cooperative where such electric membership
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corporation or corporation has consented to such use and the name of the foreign electric cooperative contains other words or characters which distinguish it from the name of the electric membership corporation or other corporation. (2) Abrogate or limit the law as to unfair competition or unfair trade practice; nor derogate from the common law, or principles of equity or the statutes of this state or of the United States with respect to the right to acquire and protect trade names and trademarks. 34C-1704. Change of name by foreign electric cooperative. Whenever a foreign electric cooperative which is authorized to transact business in this state shall change its name, such foreign electric cooperative shall, within 30 days after such change becomes effective, file an application for an amended certificate of authority in accordance with Code Section 34C-1713. If the foreign electric cooperative fails to file said application or if the name to which it has changed would be unavailable to the foreign electric cooperative on an original application for a certificate of authority, the certificate of authority of such foreign electric cooperative shall be suspended and it shall not thereafter transact any business in this state until it has filed said application or has changed its name to a name which is available to it under the laws of this state. 34C-1705. Application for certificate of authority. (a) A foreign electric cooperative, in order to procure a certificate of authority to transact business in this state, shall make application therefor to the Secretary of State, which application shall set forth: (1) The name of the foreign electric cooperative and the jurisdiction under the laws of which it is incorporated. (2) If the name of the foreign electric cooperative does not comply with Code Section 34C-1703 relating to the corporate name, then the name of the foreign electric cooperative with the word or abbreviation or other distinctive and distinguishing element which it elects to add thereto for use in this state. (3) The date of incorporation and the period of duration of the foreign electric cooperative.
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(4) The address of the principal office or registered office of the foreign electric cooperative in the jurisdiction under the laws of which it is incorporated. (5) The address of the proposed registered office of the foreign electric cooperative in this state and the name of its proposed registered agent in this state at such address. (6) A brief statement of the purpose or purposes of the foreign electric cooperative which it proposes to pursue in the transaction of business in this state. (7) The names and respective addresses of the four principal officers of the foreign electric cooperative. (8) A statement of the number of members of the foreign electric cooperative. (9) Such additional information as may be necessary or appropriate in order to enable the Secretary of State to determine whether such foreign electric cooperative is entitled to a certificate of authority to transact business in this state. (10) The application shall be accompanied by a consent to appointment as registered agent, as provided for in subsection (c) of Code Section 34C-1708. (b) Such application shall be made on forms prescribed and furnished by the Secretary of State and shall be executed by the foreign electric cooperative by its president or a vice president or by its secretary or an assistant secretary. 34C-1706. Filing of application for certificate of authority. (a) The application of the foreign electric cooperative for a certificate of authority shall be delivered to the Secretary of State for filing as provided in Code Section 34C-105, together with a copy of its articles of incorporation and all amendments thereto or in lieu thereof, if provided by its jurisdiction of incorporation, a copy of its latest restated, composite, or consolidated articles of incorporation and all amendments subsequent thereto, either of which copy shall have been duly authenticated by the proper officer of its jurisdiction of incorporation within 90 days of the date the application is filed hereunder.
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(b) Upon filing said application, the Secretary of State shall issue and deliver to the foreign electric cooperative or its representative a certificate of authority to transact business in this state. 34C-1707. Effect of certificate of authority. Upon the issuance of a certificate of authority by the Secretary of State, the foreign electric cooperative shall be authorized to transact business in this state for those purposes set forth in its application. Such authority shall continue so long as the foreign electric cooperative retains its authority to do such business in its jurisdiction of incorporation and so long as its authority to do business in this state has not been suspended, revoked, or surrendered as provided in this title. 34C-1708. Registered office and registered agent of foreign electric cooperative. (a) Each foreign electric cooperative authorized to transact business in this state shall have and continuously maintain in this state: (1) A registered office which may be,

but need not be, the same as its place of business in this state; and (2) A registered agent, which agent may be a natural person resident in this state whose business office is identical with such registered office, a domestic corporation, or a foreign corporation authorized to transact business in this state, such domestic or foreign corporation having a business office identical with such registered office. (b) The Secretary of State shall maintain current records, alphabetically arranged by corporate name, of the address of each foreign electric cooperative's registered office and of the name and address of each foreign electric cooperative's registered agent. (c) No registered agent shall be appointed without his or its prior written consent. Such written consent shall be filed with or as part of the document first appointing any registered agent and shall be in such form as the Secretary of State may prescribe. 34C-1709. Change of registered office or registered agent of foreign electric cooperative. (a) A foreign electric cooperative authorized to transact business 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:
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(1) The name of the foreign electric cooperative. (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 of its then registered agent. (5) If its registered agent is to be changed, the name of its successor registered agent and the written consent of such successor agent to his or its appointment. (6) That the address of its registered office and the address of the business office of its registered agent, as changed, will be identical. (b) Such statement shall be executed by an officer of the foreign electric cooperative and delivered to the Secretary of State. If the Secretary of State finds that such statement conforms to this title, 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 registered agent, or both, as the case may be, shall become effective. (c) A registered agent of a foreign electric cooperative 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 30 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 the president, secretary, or treasurer of the foreign electric cooperative for which such agent is acting. 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 foreign electric cooperative. (d) A registered agent may change his business address and the address of the registered office of any foreign electric cooperative of which he is registered agent to another place within the same county by filing a statement as required in subsection (a) of this Code section except that it need be signed only by the registered agent and need
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not be responsive to paragraph (5) of subsection (a) of this Code section and must recite that a copy of the statement has been mailed or delivered to a representative of such foreign electric cooperative other than the notifying registered agent. 34C-1710. Service of process on foreign electric cooperative authorized to transact business. (a) The registered agent so appointed by a foreign electric cooperative authorized to transact business in this state shall be an agent of such foreign electric cooperative upon whom any process, notice, or demand required or permitted by law to be served upon the foreign electric cooperative may be served in the manner provided by law for the service of a summons and complaint. (b) Whenever a foreign electric cooperative doing business or having done business in this state shall fail to appoint or maintain a registered agent in this state, or whenever any such registered agent cannot with reasonable diligence be found at the registered office, or whenever the certificate of authority of a foreign electric cooperative shall be suspended or revoked, then the Secretary of State shall be an agent of such foreign electric cooperative upon whom any such process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him, or with any person having charge of the corporation's division of his office, or with any other person or persons designated by the Secretary of State to receive such service, duplicate copies of such process, notice, or demand. In the event any such process, notice, or demand is served on the Secretary of State, he shall immediately cause one of such copies thereof to be forwarded by registered or certified mail, addressed to the foreign electric cooperative at its principal office in the jurisdiction under the laws of which it is incorporated. Any service so had on the Secretary of State shall be answerable not more than 30 days from the date so mailed by the Secretary of State. (c) The Secretary of State shall keep a record of all processes, notices, and demands served upon him under this Code section and shall record therein the time of such service and his action with reference thereto. (d) Nothing contained herein shall limit or affect the right to serve any process, notice, or demand required or permitted by law to be served upon a foreign electric cooperative in any other manner now or hereafter permitted by law.

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34C-1711. Amendment to articles of incorporation of foreign electric cooperative. Whenever the articles of incorporation of a foreign electric cooperative authorized to transact business in this state are amended, such foreign electric cooperative shall, within 30 days after such amendment becomes effective, file in the office of the Secretary of State a copy of such amendment or in lieu thereof, if provided for by its jurisdiction of incorporation, a copy of its restated, composite, or consolidated articles of incorporation reflecting such amendment duly certified by the proper officer of its jurisdiction of incorporation; but the filing thereof shall not of itself enlarge or alter the purpose or purposes which such foreign electric cooperative is authorized to pursue in the transaction of business in this state, nor authorize such foreign electric cooperative to transact business in this state under any other name than the name set forth in its certificate of authority. 34C-1712. Merger of foreign electric cooperative authorized to transact business in this state. Whenever a foreign electric cooperative authorized to transact business in this state shall be a party to a statutory merger permitted by the laws of its jurisdiction of incorporation and such foreign electric cooperative shall be the surviving foreign electric cooperative, it shall, within 30 days after such merger becomes effective, file with the Secretary of State a copy of the articles or agreement of merger duly certified by the proper officer of the jurisdiction under the laws of which such statutory merger was effected; and it shall not be necessary for such foreign electric cooperative to procure either a new or amended certificate of authority to transact business in this state unless the name of such foreign electric cooperative be changed thereby or unless the foreign electric cooperative desires to pursue in this state other or additional purposes than those which it is then authorized to transact in this state. 34C-1713. Amended certificate of authority. (a) A foreign electric cooperative authorized to transact business in this state shall make application to the Secretary of State for an amended certificate of authority within 30 days after it: (1) Changes its corporate name; or (2) Enlarges, limits, or otherwise changes the purpose or purposes of the foreign electric cooperative which it proposes to pursue in the transaction of business in this state.
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(b) Such application shall be made on forms prescribed by the Secretary of State and shall be executed and filed in the same manner as an original application for a certificate of authority and shall set forth: (1) The name of the foreign electric cooperative as it appears in its original application for a certificate of authority and the jurisdiction under the laws of which it is incorporated. (2) The proposed amendment to its certificate of authority. (3) If the amendment includes a change of name, a statement that the change of name has been effected under the laws of its jurisdiction of incorporation. (4) If the amendment enlarges, limits, or otherwise changes the business or businesses which it proposes to do in this state, a statement that it is authorized to do such business in its jurisdiction of incorporation. (c) The issuance of an amended certificate of authority shall be governed by the same provisions and the effect of its issuance shall be the same as in the case of an original application for a certificate of authority. 34C-1714. Withdrawal of foreign electric cooperative. (a) A foreign electric cooperative authorized to transact business in this state may withdraw from this state upon procuring from the Secretary of State a certificate of withdrawal. In order to procure such certificate of withdrawal, such foreign electric cooperative shall deliver to the Secretary of State an application for withdrawal, which shall set forth: (1) The name of the foreign electric cooperative and the jurisdiction under the laws of which it is incorporated. (2) That the foreign electric cooperative is not transacting business in this state. (3) That the foreign electric cooperative surrenders its authority to transact business in this state.
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(4) That the foreign electric cooperative revokes the authority of its registered agent in this state to accept service of process and consents that service of process in any action, suit, or proceeding based upon any cause of action that accrued in this state during the time the foreign electric cooperative was authorized to transact business in this state thereafter may be made on such foreign electric cooperative by service thereof on the Secretary of State. (5) A post office address to which the Secretary of State may mail a copy of any process against the foreign electric cooperative that may be served on him. (b) The application for withdrawal shall be made on forms prescribed and furnished by the Secretary of State and shall be executed by the foreign electric cooperative by its president or a vice president and attested by its secretary or an assistant secretary. If the foreign electric cooperative is in the hands of a receiver or trustee, said application shall be executed on behalf of the foreign electric cooperative by such receiver or trustee. (c) Before the Secretary of State shall issue a certificate of withdrawal, the foreign electric cooperative shall secure from the state revenue commissioner a certificate that the foreign electric cooperative has met the requirements concerning reports and taxes. 34C-1715. Filing

of application and issuance of certificate of withdrawal. (a) The application for withdrawal shall be delivered to the Secretary of State for filing as provided in Code Section 34C-105. Upon filing said application, the Secretary of State shall issue and deliver to the foreign electric cooperative or its representative a certificate of withdrawal. (b) Upon the issuance of such certificate of withdrawal, the authority of the foreign electric cooperative to transact business in this state shall cease. 34C-1716. Termination of existence. (a) When a foreign electric cooperative authorized to transact business in this state is dissolved or its authority or existence is otherwise terminated or cancelled in its jurisdiction of incorporation or when such foreign electric cooperative is merged into or consolidated with another foreign electric cooperative, the foreign electric cooperative or its successor, receiver, or
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trustee shall deliver for filing with the Secretary of State a certificate of the appropriate official of its jurisdiction of incorporation attesting to the occurrence of any such event or an order or decree of a court of such jurisdiction directing the dissolution of such foreign electric cooperative, the termination of its existence, or the cancellation of its authority, together with a statement of the post office address to which the Secretary of State may mail a copy of any process against the foreign electric cooperative that may be served on him. (b) The filing of such certificate or judgment shall be done in the same manner and shall have the same effect as the filing of an application for withdrawal and the Secretary of State shall issue a certificate of withdrawal thereon which shall be returned to the foreign electric cooperative or its representative. Upon the issuance of such certificate of withdrawal, the authority of the foreign electric cooperative to transact business in this state shall cease. (c) Upon the issuance of such certificate of withdrawal the Secretary of State shall be the agent of the foreign electric cooperative upon whom any process, notice, or demand may be served in any action or proceeding based upon any cause of action accruing in this state prior to the issuance of such certificate. Such service and the action thereon shall be the same as provided herein in other cases where the Secretary of State is agent for service. (d) Before the Secretary of State shall issue a certificate of withdrawal, the foreign electric cooperative shall secure from the state revenue commissioner a certificate that the foreign electric cooperative has met the requirements concerning reports and taxes. 34C-1717. Revocation of certificate of authority. (a) The certificate of authority of a foreign electric cooperative to transact business in this state may be revoked by the Secretary of State upon the conditions prescribed in this Code section when: (1) The foreign electric cooperative has failed to file its annual report to the Secretary of State within the time required by Code Section 34C-1302 or has failed to pay any fees or penalties prescribed by this title when they have become due and payable, or has failed to file its annual license or occupation tax return on or before the day such return becomes due; or
Page 1698
(2) The foreign electric cooperative has failed to appoint and maintain a registered agent in this state as required by Code Section 34C-1708; or (3) The foreign electric cooperative has failed after change of its registered office or registered agent to file in the office of the Secretary of State a statement of such change as required by Code Section 34C-1709; or (4) The foreign electric cooperative has failed to file in the office of the Secretary of State any articles of merger within the time prescribed by Code Section 34C-1712; or (5) The foreign electric cooperative has failed to make application to the Secretary of State for an amended certificate of authority under the circumstances and within the time prescribed by Code Section 34C-1713; or (6) A misrepresentation has been made of any material matter in any application, report, affidavit, or other document submitted by such foreign electric cooperative pursuant to this title. (b) No certificate of authority of a foreign electric cooperative shall be revoked by the Secretary of State unless: (1) He shall have given the foreign electric cooperative not less than 60 days' notice thereof by mail addressed to its registered office in this state, and (2) The foreign electric cooperative shall fail prior to revocation to file such annual report, or pay such fees or penalties, or file its annual license or occupation tax return, or file the required statement of change of registered agent or registered office, or file such articles of amendment or articles of merger or make application for such amended certificate of authority, or correct such misrepresentation. 34C-1718. Application for reinstatement of a foreign electric cooperative. (a) A foreign electric cooperative whose certificate of authority has been revoked by the Secretary of State under the conditions prescribed by Code Section 34C-1717 shall be reinstated by the Secretary of State by the issuance of a certificate of reinstatement.
Page 1699
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 electric cooperative as provided in Code

Section 34C-104 and filed with the Secretary of State as provided in Code Section 34C-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 authorized if the name of the foreign electric cooperative is not available in accordance with Code Section 34C-1703 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 corporate name for the foreign electric cooperative as herein provided, the original certificate of authority shall be deemed to have been amended to change the name of the foreign electric cooperative to the name so adopted. In the event that a foreign electric cooperative 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 34C-1711 and 34C-1712. Upon the issuance of the certificate of reinstatement, the foreign electric cooperative'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
Page 1700
34C-1719. Issuance of certificate of revocation. (a) Upon revoking any such certificate of authority, the Secretary of State shall: (1) Issue a certificate of revocation in duplicate. (2) File one of such certificates in his office. (3) Mail to such foreign electric cooperative at its registered office in this state or if the foreign electric cooperative has no such registered office, at its last known address either within or without this state as shown by the records of the Secretary of State, a notice of such revocation accompanied by one of such certificates.
Page 1701
(b) Upon issuance of such certificate of revocation, the authority of the foreign electric cooperative to transact business in this state shall cease. 34C-1720. Transacting business without certificate of authority. (a) A foreign electric cooperative that under this title is required to obtain a certificate of authority but fails to do so shall be liable to this state for the years or parts thereof during which it transacted business in this state without a certificate of authority, in an amount equal to all fees which would have been imposed by this title upon such foreign electric cooperative had it duly applied for and received a certificate of authority to transact business in this state as required by this title and thereafter filed all reports required by this title, plus all penalties imposed by this title. The Attorney General, at the direction of the Secretary of State, shall bring proceedings in the name of the state to recover all amounts due this state under this Code section. (b) No foreign electric cooperative that under this title is required to obtain a certificate of authority shall be permitted to maintain any action, suit, or proceeding in any court of this state unless before commencement of the action it shall have obtained such a certificate. Nor shall any action, suit, or proceeding be maintained in any court of this state by any foreign electric cooperative that is the successor or assignee of such foreign electric cooperative on any right, claim, or demand arising out of the transaction of business by such foreign electric cooperative in this state unless before commencement of the action a certificate of authority shall have been obtained by such foreign electric cooperative or by a foreign electric cooperative which has acquired all or substantially all of its assets. (c) The failure of a foreign electric cooperative to obtain the certificate of authority to transact business in this state shall render voidable any contract of such foreign electric cooperative arising out of business transacted in Georgia at the instance of any other party to such contract; but such voidability may be cured by the foreign electric cooperative obtaining a certificate of authority provided such certificate of authority is obtained prior to final judgment in any action wherein this subsection is relied upon. The failure of such foreign electric cooperative to obtain a certificate of authority shall not prevent such foreign electric cooperative from defending any action, suit, or proceeding in any court of this state nor shall any party avail himself of the benefit of subsection (b) of this Code section except upon motion prior to judgment.
Page 1702
CHAPTER 34C-18 MISCELLANEOUS PROVISIONS 34C-1801. Securities and membership certificates not subject to securities law. Whenever any electric membership corporation shall have borrowed money from any federal agency,

the obligations issued to secure the payment of such money shall be and are hereby classified as securities, the inherent qualities of which assure their sale and disposition without the perpetuation of fraud and, together with membership certificates issued by any such electric membership corporation, shall not be subject to the Georgia securities laws. 34C1802. Jurisdiction of Public Service Commission. Except as the `Georgia Territorial Electric Service Act,' approved March 29, 1973 (Ga. Laws 1973, p. 200) otherwise provides, electric membership corporations shall not be subject to the jurisdiction of the Georgia Public Service Commission. 34C-1803. No dissenter's rights. No member of an electric membership corporation shall, by dissenting from (1) any merger or consolidation to which the electric membership corporation of which he is a member is a party or otherwise, (2) any sale of all or substantially all the assets of such electric membership corporation, or (3) any amendment of such electric membership corporation's articles of incorporation, have the right to receive any consideration for his membership interest except as provided in the plan of merger or consolidation, the terms of sale, or the amendment of the articles of incorporation. Section 2. It is the intention of the General Assembly that nothing in this Act shall be construed so as to authorize any electric membership corporation or EMC to own or operate a cable television system. Section 3. Transactions validly entered into before the effective date of this Act and the rights, duties, and interests flowing from them shall remain valid thereafter and may be terminated, completed, consummated, or enforced as required or permitted by any statute repealed by this Act as though such repeal had not occurred. Section 4. The repeal of a prior Act by this Act shall not affect any cause of action, liability, penalty, or action or special proceeding which on the effective date of such repeal is accrued, existing,
Page 1703
incurred, or pending; but the same may be asserted, enforced, prosecuted, or defended as if the prior Act had not been repealed. 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. An Act known as the Electric Membership Corporation Act, approved March 30, 1937 (Ga. Laws 1937, p. 644), as amended, is hereby repealed in its entirety. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1981. CONSTRUCTION INDUSTRY LICENSING BOARD ACT AMENDED. No. 791 (House Bill No. 167). AN ACT To amend an Act creating the Construction Industry Licensing Board and regulating electrical contractors, plumbers, and conditioned air contractors, approved March 31, 1980 (Ga. Laws 1980, p. 1299), so as to change the definition of certain terms; to change the provisions relating to powers and duties of divisions within the board; to change the provisions relating to licensure; to authorize certain classes of licensure for plumbers; to change the provisions relating to
Page 1704
injunctive relief; to provide for local licensing and inspection authorities; to change the provisions relating to exemptions; to exempt manufactured housing service personnel performing certain plumbing and electrical connections; to provide for construction; to exempt persons performing certain installations, alterations, and repairs in farm and ranch buildings from the requirement of licensure; to change the provisions relating to applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Construction Industry Licensing Board and regulating electrical contractors, plumbers, and conditioned air contractors, approved March 31, 1980 (Ga. Laws 1980, p. 1299), 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. 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. (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 electrical 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 who engages in the business of electrical contracting under express or implied contract or who 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.

Page 1705

(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 plumber' shall mean any individual engaging in the business of plumbing under express or implied contract or who bids, offers to perform, purports to have the capacity to perform, or does perform plumbing contracting services under express or implied contract. (8) `Journeyman plumber' shall mean any person other than a master plumber who has practical knowledge of the installation of plumbing and installs plumbing under the direction of a master plumber. (9) `Conditioned air contracting' shall mean the installation, repair, or service of conditioned air systems or conditioned air equipment. (10) `Conditioned air contractor' shall mean an individual engaged in conditioned air contracting under express or implied contract or who bids, offers to perform, purports to have the capacity to perform, or does perform conditioned air contracting services under express or implied contract. The term `conditioned air contractor' shall not include a person who is an employee of a conditioned air contractor and who receives only a salary or hourly wage for performing conditioned air contracting work.

Page 1706

(11) `Conditioned air equipment' shall mean heating and airconditioning equipment covered under state codes. (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 2. 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. 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 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: (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. Examinations shall be given at regional locations throughout the state. (2) (A) Subject to the provisions of this paragraph, prepare examinations within the state at least twice each year and grade such applicants taking the examinations. (B) The Division of Electrical Contractors shall 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.


Page 1707

(C) The Division of Master Plumbers and Journeyman Plumbers shall prepare separate examinations for master plumber

Class I, master plumber Class II, and journeyman plumbers. Master plumber Class I licenses shall be restricted to

plumbing involving single-family dwellings and one-level dwellings designed for not more than two families. Master

plumber Class II licenses shall be unrestricted. (D) The Division of Conditioned Air Contractors shall prepare separate

examinations for Class I and Class II licenses. Class I shall be restricted to the installation, repair, or service 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 Plumber Class I. (D) Master Plumber Class II. (E) Journeyman

Plumber. (F) Conditioned Air Contractor Class I. I. (G) Conditioned Air Contractor Class II. II.

(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
Page 1708
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 or local codes in jurisdictions where such codes are adopted, provided such local codes are as stringent as the state codes, shall be prima-facie evidence of the faulty, inadequate, inefficient, or unsafe character of such 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
Page 1709
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. (b) Such divisions within the board shall also hear appeals resulting from the suspension of licenses by an approved municipal or county licensing or inspection authority pursuant to the provisions of Section 12A. Section 3. 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. Licensure and prohibited activities. (a) No person shall engage in the electrical contracting business as an electrical contractor 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 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. (c) No person shall engage in the business of conditioned air contracting as a conditioned air contractor unless such person has a valid license from the Division of Conditioned Air Contractors.
Page 1710
(d) Notwithstanding any other provisions of this Act, any electrical contractor, master plumber, journeyman plumber, or conditioned air contractor holding a valid license immediately prior to the effective date of this Act issued by the Construction Industry Licensing Board 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. (e) (1) Notwithstanding any other provisions of this Act, prior to July 1, 1982, any individual, partnership, or corporation desiring to qualify as an electrical contractor, master plumber, journeyman plumber, or conditioned air contractor shall make application to the appropriate division to stand the examination herein provided for, or within the same period, shall furnish satisfactory evidence to the appropriate division that such individual, partnership, or corporation has a partner, officer, or regular employee who holds a license issued by the Georgia State Board of Electrical Contractors 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, a license issued by the State Board of Examiners of Plumbing Contractors pursuant to an Act creating the State Board of Examiners of Plumbing Contractors, approved March 15, 1968 (Ga. Laws

1968, p. 308), as amended, or a license issued by the State Board of Warm Air Heating Contractors pursuant to an Act providing for the regulation of the installation of warm air heating equipment, approved February 25, 1949 (Ga. Laws 1949, p. 1622). Any individual, partnership, or corporation establishing proof of license as provided above shall not be required to take the examination but shall pay to the board an initial license fee in lieu of all other fees, including the application fee, as provided in paragraph (3) of this subsection. Any individual who has been issued such license by the state shall be licensed to practice throughout the state, upon furnishing satisfactory evidence of the issuance of such license as hereinabove provided. (2) (A) Any individual, partnership, or corporation desiring to qualify as an electrical contractor, master plumber, journeyman plumber, or conditioned air contractor in one or more local jurisdictions shall make application to the appropriate
Page 1711
division and furnish satisfactory evidence that such individual, partnership, or corporation has a partner, officer, or regular employee who holds a valid license issued by the local jurisdiction concerned which tested the individual prior to issuing the license or who has successfully and efficiently engaged in said vocation in the local jurisdiction for a period of at least two consecutive years prior to the time of application. To prove that he has successfully and efficiently engaged in said vocation, the individual shall only be required to give evidence of three successful jobs completed over such period. Such applicant shall swear before a notary public that such evidence is true and accurate prior to its submission to the division. (B) An individual, partnership, or corporation qualifying pursuant to this paragraph (2) shall be licensed by the appropriate division to practice its vocation only in the jurisdiction where qualified. (3) The board shall set such initial fees within the following range: (A) Electrical contractor - fee not to exceed $50.00; (B) Master plumber - fee not to exceed $70.00; and (C) Journeyman plumber - fee not to exceed $25.00; and (D) Conditioned air contractor - fee not to exceed $50.00. After the initial licensure period, such licensees shall be required to pay the renewal fees the same as other licensees. The decision of the division as to the necessity of taking the examination or 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 July 1, 1982, shall take the examination and qualify under this Act before engaging in said vocation or business, including engaging in said vocation at the local level.
Page 1712
(f) 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. (g) No partnership or corporation shall have the right to engage in the business of plumbing 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 for master plumbers issued to them as provided for in this Act. (h) 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. (i) 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. (j) 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. (k) The board shall notify each local governing authority of the provisions of this Act relating to licensure, especially the provisions of paragraph (2) of subsection (e) of this section. The board shall notify such governing authorities that after July 1, 1982, any person desiring
Page 1713
a license to engage in a profession covered by this Act shall be required to pass an examination as provided in this Act. Section 4. 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. Injunction to prevent violation. Whenever it shall appear to a division of the board, the

executive director, or a county or municipal inspection authority 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, the local inspection authority, or the appropriate district attorney or solicitor 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 5. Said Act is further amended by adding between Sections 12 and 13 a new Section 12A to read as follows: Section 12A. Any municipal or county inspection authority which meets the standards established by the Construction Industry Licensing Board shall be authorized, after notice and hearing, to suspend the license or certificate of competency of or refuse to restore a license or certificate of competency to any person or licensee upon the grounds set out in paragraph (6) of subsection (a) of Section 8; provided, however, that such suspension of a license by a local inspection authority shall only be applicable within the jurisdiction of such local authority. Any person aggrieved by an action of a local authority shall be entitled to an appeal to the appropriate division of the board and shall be entitled to a hearing. Section 6. 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. Exemptions. (a) The provisions of this Act shall not apply:
Page 1714
(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 or county, franchised CATV system or a municipally owned CATV system in the performance of work on the system herein referred to. (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. (d) The provisions of this Act shall not apply to regular, fulltime employees of an institution, manufacturer, or business who perform plumbing, electrical, or conditioned air work, unless the employer is engaged in the practice of plumbing, electrical, or conditioned air contracting. Such employees are only exempt when working on the premises of that employer. (e) 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, with the exception of the provisions of Section 14, no municipality or county may require such person to comply with any additional licensing requirements imposed by such municipality or county. (f) The provisions of this Act shall not prohibit any person from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, or electrical services in a farm or
Page 1715
ranch service building. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections. (g) The provisions of this Act shall not apply to manufactured housing service personnel who (1) couple the electrical connection from the service entrance panel outside the manufactured housing to the distribution panel board inside the manufactured housing or (2) connect the exterior sewer outlet(s) to the above ground sewer system or (3) connect the exterior water line to the above ground water system. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections. (h) The provisions of this Act in no way prohibit the governing authority of each county or municipality in the state from adopting and enforcing codes at the local level. Section 7. Said Act is further amended by striking in its entirety subsection (e) of Section 16 and inserting in lieu thereof a new subsection (e) to read as follows: (e) The provisions of this Act shall not prohibit an individual employed on the maintenance staff of a state owned, county owned, or municipally owned or any political subdivision 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 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1981. MUNICIPAL ELECTION CODE AMENDEDREGISTRARS AND DEPUTY REGISTRARS. Code Section 34A-503 Amended. No. 792 (House Bill No. 197). AN ACT To amend Code Section 34A-503, relating to qualifications of registrars and deputy registrars, as amended, so as to provide that certain disqualifications shall not apply to a tax commissioner or tax collector performing the functions of a deputy to the board of registrars; to authorize the municipal governing authority to appoint county registrars and deputy registrars as deputy registrars of the municipality; 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-503, relating to qualifications of registrars and deputy registrars, as amended, is hereby amended by adding at the end of the last sentence of said Code section preceding the period appearing at the end of such sentence the following: ;provided, however, that this ineligibility shall not apply to a tax commissioner or tax collector or to any candidate for the office of tax commissioner or tax collector performing the functions of a deputy to the board of registrars as provided in subsection (b) of Code Section 34-604,
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and by adding at the end of said Code section the following: The municipal governing authority may, however, appoint county registrars or deputy registrars as deputy registrars of the municipality notwithstanding such county registrars' or deputy registrars' not being electors of the municipality., so that when so amended Code Section 34A-503 shall read as follows: 34A-503. Qualifications of registrars and deputy registrars. Registrars and deputy registrars shall be electors of the municipality in which they are appointed and shall be able to read, write and speak the English language. No person, while serving as a registrar, deputy registrar, or member of a board of electors, or within a period of six months after so serving, shall be eligible to file a notice of candidacy for any nomination or office to be voted for at a primary or election; provided, however, that this ineligibility shall not apply to a tax commissioner or tax collector or to any candidate for the office of tax commissioner or tax collector performing the functions of a deputy to the board of registrars as provided in subsection (b) of Code Section 34-604. The municipal governing authority may, however, appoint county registrars or deputy registrars as deputy registrars of the municipality notwithstanding such county registrars' or deputy registrars' not being electors of 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 17, 1981.
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GEORGIA ELECTION CODE AMENDED. Code Title 34 Amended. No. 793 (House Bill No. 405). AN ACT To amend Code Title 34, known as the Georgia Election Code, as amended, so as to provide for additional duties to be performed by election superintendents; to provide for information to be furnished on applications for registration; to provide for changes of residence or name of electors; to provide for information to be shown on a pauper's affidavit; to provide for poll watchers; to provide for assistance in voting; to provide for applications for absentee ballots; to provide for voting by absentee electors; to provide for cancellation of ballots of electors present during primaries and elections; to provide for majority vote for nominations for elections, exceptions, run-off primaries or elections and for the Constitutional Officers Election Board to call runoffs for constitutional officers; to provide an effective date for certain provisions; 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 34, known as the Georgia Election Code, as amended, is hereby amended by adding in subsection (c) of Code Section 34-401 immediately preceding the semicolon appearing at the end of the subsection the following: and to transmit immediately to the Secretary of State a copy of any publication in which a `call' for a special primary, election, or runoff is issued, so that when so amended subsection (c) of Code Section 34-401 shall read as follows: (c) To prepare and publish, in the manner provided by this Code, all notices and advertisements in connection with the conduct of elections which may be required by law and to transmit immediately to the Secretary of State a copy of any publication in which a `call' for a special primary, election, or runoff is issued;.
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Section 2. Said Code title is further amended by striking Code Section 34-612 in its entirety and inserting in lieu thereof a new Code Section 34-612 to read as follows: 34-612. Applications for registration; furnishing of information; administration and attestation of oath required of applicant. Any person desiring to register as an elector shall apply to a

registrar or a deputy and shall furnish such officer with proper identification and information which will enable him to fill in all blanks appearing on the registration card. For purposes of this Code section, proper identification may be made by exhibiting a valid driver's license, birth certificate, or any other document as will reasonably reflect the true identity of the applicant. On completion of the form the officer shall administer the oath to the applicant and then have him sign it, and the officer shall attest it. Upon request of the applicant, the officer taking the application shall read or repeat the oath distinctly to the applicant, and if the applicant cannot sign his name, the officer shall sign it for him, the applicant making his mark thereto. Section 3. Said Code title is further amended by striking the last sentence of subsection (e) of Code Section 34-631, which reads as follows: The board of registrars shall thereafter correct the electors' list accordingly., in its entirety and inserting in lieu thereof the following: Such forms may also be used to notify the board of registrars of a change in an elector's name. The board of registrars shall thereafter place the elector in the proper election district and correct the electors' list accordingly. If the elector is placed in an election district other than the one in which he has previously been voting, he shall be notified of his new polling place by first-class mail., so that subsection (e) of Code Section 34-631, when so amended, shall read as follows: (e) Any elector who moves to a residence within the county but into a different election district or who moves to a residence in the same election district but at a different address and fails to notify the board of registrars of such fact 30 days prior to an election or primary shall vote in the district of his former residence for such election or
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primary and for any runoffs resulting therefrom. The superintendent of an election shall make available at each polling place forms furnished by the Secretary of State which shall be completed by each such elector to reflect his present legal residence. Such forms may also be used to notify the board of registrars of a change in an elector's name. The board of registrars shall thereafter place the elector in the proper election district and correct the electors' list accordingly. If the elector is placed in an election district other than the one in which he has previously been voting, he shall be notified of his new polling place by first-class mail. Section 4. Said Code title is further amended by striking subsection (d) of Code Section 34-1002 in its entirety and inserting in lieu thereof a new subsection (d) and by adding a new sentence at the end of subsection (f) to read as follows: To be acceptable under this Code section, a pauper's affidavit must show on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required., so that subsections (d) and (f) of Code Section 34-1002, when so amended, shall read as follows: (d) Each candidate required to file a notice of candidacy by this Code section shall, no later than 12:00 Noon on the second Wednesday in June immediately prior to the election, file with the same official with whom he filed his notice of candidacy, a nomination petition in the form hereinafter prescribed, except that such petition shall not be required if such candidate is: (1) a nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States; (2) seeking office in a special election; or (3) an incumbent qualifying as a candidate to succeed himself if, prior to the election in which he was originally elected to the office for which he seeks reelection, such incumbent accompanied his notice of candidacy with a nomination petition. (f) A pauper's affidavit may be filed in lieu of paying the qualifying fee otherwise required by this Code section. A candidate filing a pauper's affidavit instead of paying a qualifying fee shall under oath affirm his poverty and his resulting inability to pay the qualifying fee otherwise required. To be acceptable under this Code section, a pauper's affidavit must show on its face that the candidate
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has neither the assets nor the income to pay the qualifying fee otherwise required. Section 5. Said Code title is further amended by striking the next to the last sentence of subsection (c) of Code Section 34-1310, which reads as follows: If a poll watcher persists in interfering with the conduct of the election, after being duly warned by the poll manager or superintendent, he may be removed by such official., and inserting in lieu thereof the following: Without in any way limiting the authority of poll managers, poll watchers are prohibited from talking to voters, checking electors' lists, or participating in any other form of campaigning while they are behind the enclosed space. If a poll watcher persists in interfering with the conduct of the election or in violating any of the provisions of this Code section, after being duly warned by the poll manager or superintendent, he may be removed by such official., so that subsection (c) of Code Section 34-1310, when so amended, shall read as follows: (c) Notwithstanding any other provisions of this Code, a poll watcher may be permitted behind the enclosed space for the purpose of observing the conduct of the election and the counting and recording of votes. Such poll watcher shall in no way interfere with the conduct of the election, and the poll manager may make reasonable regulations to avoid such interference. Without in any way limiting the authority of poll managers, poll watchers are prohibited from initiating conversations with voters, checking electors' lists, or participating

in any other form of campaigning while they are behind the enclosed space. If a poll watcher persists in interfering with the conduct of the election or in violating any of the provisions of this Code section, after being duly warned by the poll manager or superintendent, he may be removed by such official. Any infractions or irregularities observed by poll watchers shall be reported directly to the superintendent, not to the poll manager. Section 6. Said Code title is further amended by striking subsection (b) of Code Section 34-1312 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
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(b) Any elector who is entitled to receive assistance in voting under the provisions of this Code section shall be permitted by the managers to select (1) any elector, except a poll officer or poll watcher, who is a resident of the election district in which the elector requiring assistance is attempting to vote; or (2) the mother, father, sister, brother, spouse, or child of the elector entitled to receive assistance to enter the voting compartment or booth with him to assist him in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than five such electors in any primary, election, or runoff. Section 7. Said Code title is further amended by striking subsection (a) of Code Section 34-1402 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any absentee elector may, not more than 90 days prior to the date of the primary, election, or runoff of either, in which the elector desires to vote, make an application either by mail or in person in the registrar's office to the board of registrars of the county of the elector's residence for an official ballot of the elector's district to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by his mother, father, aunt, uncle, sister, brother, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector, the permanent or temporary address of the elector to which the absentee ballot shall be mailed, the identity of the primary, election, or runoff in which the elector wishes to vote, the reason for requesting the absentee ballot, and the name and relationship of the person requesting the ballot if other than the elector. No absentee ballot shall be mailed to an address other than the permanent or temporary out of county address of the elector. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If elector is unable to fill out or sign his own application because of illiteracy or physical disability, the elector shall make his mark; and the person filling in the rest of the application shall sign his name below it as a witness. Provided, one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the sending or delivery to an eligible absentee elector who lives outside the county in
Page 1723
which the election is held and is also a member of the armed forces of the United States, a member of the Merchant Marine of the United States or a spouse or dependent of a member of the armed forces or the Merchant Marine residing with or accompanying said member, an absentee ballot for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the sending and delivery of an absentee ballot for any runoffs resulting from such election. In any event, a separate and distinct application for an absentee ballot shall be required for the Presidential Preference Primary held pursuant to Chapter 34-10A of this Code and for any special election or special primary. Section 8. Said Code title is further amended by striking the last sentence of subsection (b) of Code Section 34-1406, which reads as follows: No person shall assist more than ten (10) such electors in any primary or election., and inserting in lieu thereof the following: No person shall assist more than five such electors in any primary, election, or runoff., and by striking subsection (c) of Code Section 34-1406, which reads as follows: When an elector applies for an absentee ballot if the absentee ballots have been printed, then the absentee ballot shall be delivered to the elector at the time of the application therefor within the confines of the registrar's office, the elector shall then and there vote the absentee ballot as hereinabove provided and deliver the voted ballot as provided above., in its entirety and inserting in lieu thereof the following: (c) When an elector applies in person for an absentee ballot, after the absentee ballots have been printed, the absentee ballot shall be delivered to the elector at the time of the application therefor within the confines of the registrar's office, and the elector shall then and there vote the absentee ballot as hereinabove provided and
Page 1724
deliver the voted ballot as provided above. The board of registrars shall furnish accommodations to the elector to insure the privacy of the elector while voting his absentee ballot., so that subsections (b) and (c) of Code Section 34-1406,

when so amended, shall read as follows: (b) A physically disabled or illiterate elector may receive assistance in preparing his ballot from one of the following: any elector selected by such elector who is qualified to vote in the same county as the disabled elector, or the mother, father, brother, sister, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the elector. If the disabled elector is sojourning outside his own county, a notary public of the jurisdiction may give such assistance and shall sign the oath printed on the same envelope as the oath to be signed by the elector. No person shall assist more than five such electors in any primary, election, or runoff. (c) When an elector applies in person for an absentee ballot, after the absentee ballots have been printed, the absentee ballot shall be delivered to the elector at the time of the application therefor within the confines of the registrar's office, and the elector shall then and there vote the absentee ballot as hereinabove provided and deliver the voted ballot as provided above. The board of registrars shall furnish accommodations to the elector to insure the privacy of the elector while voting his absentee ballot. Section 9. Said Code title is further amended by striking the first sentence of Code Section 34-1409, which reads as follows: Whenever an elector (other than one whose physical disability prevents his attendance at the polls) is present in the election district of his residence during the time the polls are open in any primary or election for which he has requested an absentee ballot, such elector shall have the absentee ballot cancelled in one of the following ways:, in its entirety and inserting in lieu thereof the following: When an absentee ballot which has been voted shall be returned to the board of registrars, it shall be deemed to have been voted then and there and no other absentee ballot shall be issued to the same elector. However, if an elector, other than one whose physical disability, official election duties, or observance of a religious holiday
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prevents his attendance at the polls, is present in the election district of his residence during the time the polls are open in any primary, election, or runoff for which he has requested an absentee ballot, such elector shall have the absentee ballot canceled in one of the following ways:, so that Code Section 34-1409, when so amended, shall read as follows: 341409. Cancellation of ballots of electors present during primaries and elections. When an absentee ballot which has been voted shall be returned to the board of registrars, it shall be deemed to have been voted then and there and no other absentee ballot shall be issued to the same elector. However, if an elector, other than one whose physical disability, official election duties, or observance of a religious holiday prevents his attendance at the polls, is present in the election district of his residence during the time the polls are open in any primary, election, or runoff for which he has requested an absentee ballot, such elector shall have the absentee ballot canceled in one of the following ways: (a) By surrendering his absentee ballot to the poll manager of the election district in which his name appears on the electors' list and then be permitted to vote the regular ballot. The poll manager shall mark `Canceled' and the date and the time across the face of the absentee ballot and shall initial same. He shall also make appropriate notations beside the name of the elector on the electors' list. All such canceled absentee ballots shall be returned with other ballots to the superintendent. (b) By appearing in person before the registrars and requesting in writing that the envelope containing his absentee ballot be marked `Canceled.' After having satisfied themselves as to the identity of such elector, the registrars shall grant the request and shall notify the managers of the elector's election district as to such action so as to permit him to vote in person in his election district. If the absentee ballot is in the possession of the registrars, it shall be promptly marked `Canceled' and the date and time written across the face of the envelope. If the absentee ballot is in the mail or its exact location is unknown, the registrar shall write `Canceled' beside the elector's name on the master list of absentee voters and shall cancel the ballot itself as soon as it is received. Canceled absentee ballots shall be disposed of in the same manner as subsection (a) of Code Section 34-1407 provides for absentee ballots returned too late to be cast.
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Section 10. Said Code title is further amended by striking subsections (a) and (b) of Code Section 34-1513 in their entirety and inserting in lieu thereof two new subsections (a) and (b) to read as follows: (a) No candidate, except as hereinafter provided, shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. To be elected to the office of presidential electors, no slate of candidates of any political party or body shall be required to receive a majority of the votes cast; but that slate of candidates of a political party or body shall be elected to such offices which receives the highest number of votes cast. In instances where no candidate receives a majority of the votes cast, a run-off primary or election between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary or election shall be held on the twenty-first day after the day of holding the preceding primary or election; provided, unless postponed by court order, a runoff in the case of a special primary or election shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the

preceding special primary or election, which run-off day shall be determined by the Secretary of State, in a runoff to fill a federal or state office, or by the superintendent, in a runoff to fill a county or militia district office. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary or election to fill the nomination or public office he seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the run-off election ballot in the independent column. No person shall be eligible as a write-in candidate in a special or general primary, a special or general primary runoff, or in a special or general election runoff. No person shall be eligible as a write-in candidate in a general or special election if such person was a candidate for nomination or election to the same office in the immediately preceding primary. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any run-off primary or election resulting therefrom; provided, however, that no elector shall vote in a run-off primary in violation of Code Section 34-624.
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(b) In the event no candidate for the office of Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, or Commissioner of Labor receives a majority of the whole number of votes cast in the general election, the Constitutional Officers Election Board shall continue the election for the office in which no candidate received a majority by immediately calling a run-off election and designating as candidates therein the candidates who received the two highest numbers of votes for the particular office concerned and who continue in life and have not declined to continue as a candidate. This run-off election shall be held on the third Tuesday immediately following the general election. The run-off election shall be a continuation of the general election for the particular office concerned, and only the electors who were entitled to vote in the general election for candidates for that particular office shall be entitled to vote therein; and only those votes cast for the persons designated by the Constitutional Officers Election Board as candidates in such run-off election shall be counted in the tabulation and canvass of the votes cast. The provisions of Code Section 34-1509, relating to the convening of the Constitutional Officers Election Board, transmission of the returns in the general election, the opening of the returns, their tabulation, canvassing, and publication, shall apply to the run-off elections provided for by the provisions of this subsection. On the Tuesday next following the run-off election, the Constitutional Officers Election Board shall convene, open, canvass, tabulate, and publish the returns of the run-off election or elections. The person having the highest number of votes entitled to be counted in the run-off election for each of such offices shall be declared duly elected. Section 11. Code Section 34-1002, subsection (d), as amended by Section 4 of this Act, shall become effective only if the order of the United States District Court for the Northern District of Georgia, dated September 29, 1980, in Anderson, et al. v. Poythress , Civil Action No. 80-1671A, is affirmed by a court of ultimate resort, or if such court should deny a writ of certiorari concerning such order, or if such order should otherwise become final. 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
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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 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1981. GEORGIA MUNICIPAL ELECTION CODE AMENDED. Code Title 34A Amended. No. 794 (House Bill No. 406). AN ACT To amend Code Title 34A, known as the Georgia Municipal Election Code, as amended, so as to provide for additional duties to be performed by the governing authority of a municipality; to provide for information to be furnished on applications for registration; to provide for changes of residence or name of electors; to provide for a pauper's affidavit in lieu of qualification fees; to provide for poll watchers; to provide for qualification fees in certain cases; to provide for assistance in voting; to provide for applications for absentee ballots and information to be furnished; to provide for voting by absentee electors; to provide for cancellation of ballots of electors present during primaries and elections; to provide for municipal charters to govern vote required for nomination and run-off primaries or elections; to provide for certain editorial changes; 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 34A, known as the Georgia Municipal Election Code, as amended, is hereby amended by adding in subsection

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(j) of Code Section 34A-201 immediately preceding the semicolon appearing at the end of the subsection the following: and to transmit immediately to the Secretary of State a copy of any publication in which a `call' for a special primary, election, or runoff is issued, so that when so amended subsection (j) of Code Section 34A-201 shall read as follows: (j) To prepare and publish, in the manner provided by this Code, all notices and advertisements in connection with the conduct of elections which may be required by law and to transmit immediately to the Secretary of State a copy of any publication in which a `call' for a special primary, election, or runoff is issued;. Section 2. Said Code title is further amended by adding a new subsection (c) at the end of Code Section 34A-501 to read as follows: (c) For municipalities maintaining their own registration list, the following shall apply: Any person desiring to register as an elector shall apply to a registrar or a deputy and shall furnish such officer with proper identification and information which will enable him to fill in all blanks appearing on the registration card. For purposes of this Code section, proper identification may be made by exhibiting a valid driver's license, birth certificate, or any other document as will reasonably reflect the true identity of the applicant. On completion of the form the officer shall administer the oath to the applicant and then have him sign it, and the officer shall attest it. Upon request of the applicant, the officer taking the application shall read or repeat the oath distinctly to the applicant and, if the applicant cannot sign his name, the officer shall sign it for him, the applicant making his mark thereto. Section 3. Said Code title is further amended by striking the last sentence of Code Section 34A-522, which reads as follows: The board of registrars shall thereafter correct the electors' list accordingly., in its entirety and inserting in lieu thereof the following:
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Such forms may also be used to notify the board of registrars of a change in an elector's name. The board of registrars shall thereafter place the elector in the proper election district and correct the electors' list accordingly. If the elector is placed in an election district other than the one in which he has previously been voting, he shall be notified of his new polling place by first-class mail., so that Code Section 34A-522, when so amended, shall read as follows: 34A-522. Change of residence of elector. In the event any elector moves to a residence within the municipality which has a different address from the address contained on such person's registration card, it shall be his duty to notify the board of registrars of such fact, and the board shall place such person's name on the proper list of electors. If the board, of its own knowledge, knows of such move, it may make the proper changes. Any elector who moves to a residence within the municipality but into a different election district or who moves to a residence in the same election district but at a different address and fails to notify the board of registrars of such fact prior to an election or primary shall vote in the district of his former residence for such election or primary and for any runoffs resulting therefrom. The superintendent of an election shall make available at each polling place forms which shall be completed by each such elector to reflect his present legal residence. Such forms may also be used to notify the board of registrars of a change in an elector's name. The board of registrars shall thereafter place the elector in the proper election district and correct the electors' list accordingly. If the elector is placed in an election district other than the one in which he has previously been voting, he shall be notified of his new polling place by first-class mail. Section 4. Said Code title is further amended by striking Code Section 34A904 in its entirety and inserting in lieu thereof the following: 34A-904. Qualification fees. The governing authority of any municipality, at least two weeks prior to the closing of qualifications for a special or general municipal election, shall fix and publish a qualification fee, if any, to be paid by candidates seeking election in any such special or general election. Such fee shall be paid to the municipal superintendent at the time a candidate files his notice of candidacy. Such fee shall be 3 percent of the annual salary of the office if a salaried office. If not a salaried office, a reasonable fee shall
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be set by the municipal governing authority, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year; provided, however, that, in cases where no income is provided for a municipal office, the governing authority shall be authorized to fix and publish a qualification fee not to exceed $35.00 for such office. A pauper's affidavit may be filed in lieu of paying the qualifying fee otherwise required by this Code section. A candidate filing a pauper's affidavit instead of paying a qualifying fee shall under oath affirm his poverty and his resulting inability to pay the qualifying fee otherwise required. To be acceptable under this Code section, a pauper's affidavit must show on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required. Section 5. Said Code title is further amended by striking the next to the last sentence of subsection (c) of Code Section 34A-1209, which reads as follows: If a poll watcher persists in interfering with the conduct of the election,

after being duly warned by the poll manager or superintendent, he may be removed by such official., and inserting in lieu thereof the following: Without in any way limiting the authority of poll managers, poll watchers are prohibited from talking to voters, checking electors' lists, or participating in any other form of campaigning while they are behind the enclosed space. If a poll watcher persists in interfering with the conduct of the election or in violating any of the provisions of this Code section, after being duly warned by the poll manager or superintendent, he may be removed by such official., so that subsection (c) of Code Section 34A-1209, when so amended, shall read as follows: (c) Notwithstanding any other provisions of this Code, a poll watcher may be permitted behind the enclosed space for the purpose of observing the conduct of the election and the counting and recording of votes. Such poll watcher shall in no way interfere with the conduct of the election, and the poll manager may make reasonable regulations to avoid such interference. Without in any way limiting the authority of poll managers, poll watchers are prohibited from initiating conversations with voters, checking electors' lists, or
Page 1732
participating in any other form of campaigning while they are behind the enclosed space. If a poll watcher persists in interfering with the conduct of the election or in violating any of the provisions of this Code section, after being duly warned by the poll manager or superintendent, he may be removed by such official. Any infractions or irregularities observed by poll watchers shall be reported directly to the superintendent, not to the poll manager. Section 6. Said Code title is further amended by striking the last sentence at the end of subsection (b) of Code Section 34A-1211, which reads as follows: No person shall assist more than ten (10) such electors in any primary or election., in its entirety and inserting in lieu thereof the following: No person shall assist more than five such electors in any primary, election, or runoff., so that subsection (b) of Code Section 34A-1211, when so amended, shall read as follows: (b) Any elector who is entitled to receive assistance in voting under the provisions of this Code section shall be permitted by the managers to select (1) any elector, except a poll officer or poll watcher, who is a resident of the election district in which the elector requiring assistance is attempting to vote; or (2) the mother, father, sister, brother, spouse, or child of the elector entitled to receive assistance to enter the voting compartment or booth with him to assist him in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than five such electors in any primary, election, or runoff. Section 7. Said Code title is further amended by striking the third sentence of subsection (a) of Code Section 34A-1304, which reads as follows: The application shall be in writing and shall contain sufficient information for proper identification of the elector, the address to which the absentee ballot shall be mailed, the identity of the primary or election in which the elector wishes to vote, the reason for requesting the absentee ballot, name and relationship of person requesting the ballot other than the elector.,
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in its entirety and inserting in lieu thereof the following: The application shall be in writing and shall contain sufficient information for proper identification of the elector, the permanent or temporary address of the elector to which the absentee ballot shall be mailed, the identity of the primary, election, or runoff in which the elector wishes to vote, the reason for requesting the absentee ballot, and the name and relationship of the person requesting the ballot if other than the elector. No absentee ballot shall be mailed to an address other than the permanent or temporary address of the elector., so that subsection (a) of Code Section 34A-1304, when so amended, shall read as follows: (a) Any absentee elector may make an application either by mail or in person in the absentee ballot clerk's office to the absentee ballot clerk for an official ballot of the elector's district to be voted at such primary or election. In the case of an elector residing temporarily out of the municipality and the county in which the absentee elector permanently resides, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by his mother, father, aunt, uncle, sister, brother, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector, the permanent or temporary address of the elector to which the absentee ballot shall be mailed, the identity of the primary, election, or runoff in which the elector wishes to vote, the reason for requesting the absentee ballot, and the name and relationship of the person requesting the ballot if other than the elector. No absentee ballot shall be mailed to an address other than the permanent or temporary address of the elector. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign his own application because of illiteracy or physical disability, the elector shall make his mark; and the person filling in the rest of the application shall sign his name below it as a witness. Provided, one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the sending or delivery to an eligible absentee elector who lives outside the county in which the election is held and is also a member of the armed forces of

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the United States, a member of the Merchant Marine of the United States or a spouse or dependent of a member of the armed forces or the Merchant Marine residing with or accompanying said member, an absentee ballot for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the sending and delivery of an absentee ballot for any runoffs resulting from such an election. In any event, a separate and distinct application for an absentee ballot shall be required for any special election or special primary. Section 8. Said Code title is further amended by striking the last sentence of subsection (b) of Code Section 34A-1307, which reads as follows: No person shall assist more than ten (10) such electors in any primary or election., in its entirety and inserting in lieu thereof the following: No person shall assist more than five such electors in any primary, election, or runoff., and by striking subsection (c) of Code Section 34A-1307, which reads as follows: (c) If the absentee ballots have been printed at the time an elector applies for an absentee ballot, then the absentee ballot shall be delivered to the elector at the time of the application therefor within the confines of the registrar's office. The elector shall then and there vote the absentee ballot as hereinabove provided and deliver the voted ballot as provided above., in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) When an elector applies in person for an absentee ballot, after the absentee ballots have been printed, the absentee ballot shall be delivered to the elector at the time of the application therefor within the confines of the registrar's office; and the elector shall then and there vote the absentee ballot as hereinabove provided and deliver the voted ballot as provided above. The board of registrars
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shall furnish accommodations to the elector to insure the privacy of the elector while voting his absentee ballot., so that subsections (b) and (c) of Code Section 34A-1307, when so amended, shall read as follows: (b) A physically disabled or illiterate elector may receive assistance in preparing his ballot from one of the following: Any elector selected by such elector who is qualified to vote in the same municipality as the disabled elector; or the father, mother, brother, sister, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the elector. If the disabled elector is sojourning outside his own municipality, a notary public of the jurisdiction may give such assistance and shall then sign the oath printed on the same envelope as the oath to be signed by the elector. No person shall assist more than five such electors in any primary, election, or runoff. (c) When an elector applies in person for an absentee ballot, after the absentee ballots have printed, the absentee ballot shall be delivered to the elector at the time of the application therefor within the confines of the registrar's office; and the elector shall then and there vote the absentee ballot as hereinabove provided and deliver the voted ballot as provided above. The board of registrars shall furnish accommodations to the elector to insure the privacy of the elector while voting his absentee ballot. Section 9. Said Code title is further amended by striking subsection (a) of Code Section 34A-1309, which reads as follows: (a) The registrar shall maintain for public inspection a master list, arranged by election districts, setting forth the name and residence of every elector to whom an official absentee ballot has been sent. Absentee electors whose names appear on the master list may be challenged by any elector prior to the closing of the polls on the day of the primary or election and such challenge shall be noted on the master list and the numbered list of voters. After the absentee ballots have been delivered to the poll managers as provided in subsection (b) of Code Section 34A-1308, the managers shall open the envelope of each absentee ballot in such manner as not to destroy the oath printed thereon and shall deposit the inner envelope marked `Official Absentee Ballot' in a ballot box reserved for absentee ballots.,
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in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Absentee electors whose names appear on the master list provided for in subsection (b) of Code Section 34A-1306 may be challenged by any elector prior to the closing of the polls on the day of the primary or election and such challenge shall be noted on the master list and the numbered list of voters. After the absentee ballots have been delivered to the poll managers as provided in subsection (b) of Code Section 34A-1308, the managers shall open the envelope of each absentee ballot in such manner as not to destroy the oath printed thereon and shall deposit the inner envelope marked `Official Absentee Ballot' in a ballot box reserved for absentee ballots. Section 10. Said Code title is further amended by striking the first sentence of Code Section 34A1311, which reads as follows: Whenever an elector (other than one whose physical disability prevents his attendance at the polls) is present in the election district of his residence during the time the polls are open in any primary or election for which he has requested an absentee ballot, such elector shall have the absentee ballot cancelled in one of the following

ways:, in its entirety and inserting in lieu thereof the following: When an absentee ballot which has been voted shall be returned to the board of registrars, it shall be deemed to have been voted then and there and no other absentee ballot shall be issued to the same elector. However, if an elector, other than one whose physical disability, official election duties, or observance of a religious holiday prevents his attendance at the polls, is present in the election district of his residence during the time the polls are open in any primary, election, or runoff for which he has requested an absentee ballot, such elector shall have the absentee ballot canceled in one of the following ways:, so that Code Section 34A1311, when so amended, shall read as follows: 34A-1311. Cancellation of ballots of electors present during primaries and elections. When an absentee ballot which has been voted shall be returned to the board of registrars, it shall be deemed to have been voted then and there and no other absentee ballot shall be
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issued to the same elector. However, if an elector, other than one whose physical disability, official election duties, or observance of a religious holiday prevents his attendance at the polls, is present in the election district of his residence during the time the polls are open in any primary, election, or runoff for which he has requested an absentee ballot, such elector shall have the absentee ballot canceled in one of the following ways: (a) By surrendering his absentee ballot to the poll manager of the election district in which his name appears on the electors' list and then be permitted to vote the regular ballot. The poll manager shall mark `Canceled' and the date and time across the face of the absentee ballot and shall initial same. He shall also make appropriate notations beside the name of the elector on the electors' list. All such canceled absentee ballots shall be returned with other ballots to the superintendent. (b) By appearing in person before the absentee ballot clerk and requesting in writing that the envelope containing his absentee ballot be marked `Canceled.' After having satisfied himself as to the identity of such elector, the absentee ballot clerk shall grant the request and shall notify the managers of the elector's election district as to such action so as to permit him to vote in person in his election district. If the absentee ballot is in the possession of the absentee ballot clerk, it shall be promptly marked `Canceled' and the date and time written across the face of the envelope. If the absentee ballot is in the mail or its exact location is unknown, the clerk shall write `Canceled' beside the elector's name on the master list of absentee voters and shall cancel the ballot itself as soon as it is received. Canceled absentee ballots shall be disposed of in the same manner as subsection (a) of Code Section 34A-1308 provides for absentee ballots returned too late to be cast. Section 11. Said Code title is further amended by striking subsection (b) of Code Section 34A-1407 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) In instances where no candidate receives a majority of the votes cast and the municipal charter or ordinance does not provide for nomination or election by a plurality vote, a run-off primary or election shall be held, between the candidates receiving the two highest numbers of votes. Such runoff shall be held not earlier than the fourteenth day and not later than the twenty-first day after the
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day of holding the first primary or election on a date specified by ordinance or resolution, unless such run-off date is postponed by court order. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any run-off primary or election resulting therefrom; provided, however, that no elector shall vote in a run-off primary in violation of Code Section 34A-518. The run-off primary or election shall be a continuation of the first primary or election and only those votes cast for the candidates receiving the two highest numbers of votes in the first primary or election shall be counted. No write-in votes may be cast in a primary, run-off primary, or run-off election. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in such runoff. The candidate receiving the highest number of the votes cast in such runoff primary or election to fill the nomination or public office he seeks shall be declared the winner. The name of a write-in candidate eligible for election in a run-off shall be printed on the runoff election ballot in the independent column. 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 parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1981.
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ABATEMENT OF NUISANCES IN MUNICIPALITIES. Code Chapter 72-4 Amended. No. 795 (House Bill No. 410). AN ACT To amend Code Chapter 72-4, relating to nuisances in cities, so as to provide for the manner of determining the existence of and abating such nuisances; 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 Chapter 72-4, relating to nuisances in cities, is hereby amended by striking in their entirety Code Section 72-401 and Code Section 72-402, which read as follows: 72-401. Manner of Abatement; Jurisdiction of Police Court. If a nuisance complained of shall exist in a town or city under the government of a mayor, intendant, alderman, warden, or a common council or commissioners, such nuisance, by and with the advice of said alderman, wardens, council, or commissioners, may be abated and removed by order of said mayor, intendant, or commissioner; but if the nuisance complained of shall exist in a city having a population of 20,000 or more, the police court of such city, whether known as mayors or recorders' courts or otherwise designated, shall have jurisdiction to hear and determine the question of the existence of such nuisance, and, if found to exist, to order its abatement, which order shall be directed to and executed by the sheriff or marshall of said town or city, or its deputy. 72-402. Notice of Meeting to Determine Question of Abatement. Reasonable notice shall be given to the parties interested of the time and place of the meeting of such mayor, intendant, alderman, wardens, council, or commissioners., and substituting in lieu thereof the following: 72-401. Manner of abatement; jurisdiction of police or municipal court. If the existence of a nuisance is complained of in a city of this
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state, the police or municipal court of such city, whether known as mayors' or recorders' courts or otherwise designated, shall have jurisdiction to hear and determine the question of the existence of such nuisance and, if found to exist, to order its abatement. 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 17, 1981. GEORGIA MOTOR VEHICLE SAFETY INSPECTION ACT AMENDED. Code Title 68E Amended. No. 796 (House Bill No. 411). AN ACT To amend Code Title 68E, known as the Georgia Motor Vehicle Safety Inspection Act, so as to grant municipalities the right to adopt certain offenses contained under such title as ordinances by reference; to provide for the jurisdiction, practices, and procedures in connection with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 68E, known as the Georgia Motor Vehicle Safety Inspection Act, is hereby amended by adding immediately following Code Section 68E-304 the following: 68E-305. (a) Municipalities by ordinance may adopt by reference any or all provisions of this title without publishing or posting in full the provisions thereof.
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(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 title and the defendant elects to have the charge treated as a state offense, the recorder or city judge after conducting a commitment hearing in which probable 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 title or any ordinance adopted pursuant thereto shall thereafter be tried in any court for the same offense. A conviction for the violation of an ordinance adopted pursuant to this title shall be considered a prior conviction for all purposes under this title. 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 17, 1981. MUNICIPAL HOME RULE ACT OF 1965 AMENDED. No. 797 (House Bill No. 413). AN ACT To amend an Act known as the Municipal Home Rule Act of 1965, approved March 26, 1965 (Ga. Laws 1965, p. 298), as amended by an Act approved March 10, 1966 (Ga. Laws 1966, p. 296), an Act approved April 13, 1973 (Ga. Laws 1973, p. 778), an Act approved
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March 16, 1974 (Ga. Laws 1974, p. 195), an Act approved February 21, 1975 (Ga. Laws 1975, p. 28), and by an Act approved April 13, 1979 (Ga. Laws 1979, p. 645), so as to provide for extending retirement and other benefits to members of the municipal governing authority; to approve previous actions extending such benefits; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Municipal Home Rule Act of 1965, approved March 26, 1965 (Ga. Laws 1965, p. 298), as amended by an

Act approved March 10, 1966 (Ga. Laws 1966, p. 296), an Act approved April 13, 1973 (Ga. Laws 1973, p. 778), an Act approved March 16, 1974 (Ga. Laws 1974, p. 195), an Act approved February 21, 1975 (Ga. Laws 1975, p. 28), and by an Act approved April 13, 1979 (Ga. Laws 1979, p. 645), is hereby amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows: Section 5. (a) The governing authority of each incorporated municipality is hereby authorized to fix the salary, compensation and expenses of its municipal employees and members of its municipal governing authority and to provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivor's Insurance programs, hospitalization benefits, and workers' compensation benefits for its employees, their dependents and survivors, and for members of the municipal governing authority, their dependents and survivors, when such benefits are provided to municipal employees. Any previous actions to extend insurance, Federal Old Age and Survivor's Insurance programs, retirement, hospitalization, and workers' compensation benefits to members of the municipal governing authority are hereby validated. With the exception of the provision of insurance, Federal Old Age and Survivor's Insurance programs, retirement, hospitalization, and workers' compensation benefits, any action to increase the salary or compensation of the elective members of the municipal governing authority shall be subject to the following conditions and requirements: (1) Any such increase shall not be effective until after the taking of office of those elected at the next regular municipal election which is held immediately following the date on which the action to increase such compensation was taken; and
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(2) Such action shall not be taken during the period of time beginning with the date that candidates for election to membership on the municipal governing authority may first qualify as such candidates and ending with the date members of the municipal governing authority take office following their election; and (3) Such action shall not be taken until notice of intent to do so has been published in a newspaper of general circulation designated as the legal organ in said county and in such municipality at least once a week for three consecutive weeks immediately preceding the week during which such action is taken. (b) As used in subsection (a) of this Section, the phrase `elective members of the municipal governing authority' means, notwithstanding any terminology or designation of a municipal governing authority or governing body contained in any municipal charter, any elective municipal official who exercises any executive or legislative or executive and legislative powers of the municipality, specifically including a mayor, vice-mayor, president or chairman of a city council, member of a city council, member of a board of aldermen, or member of a board of commissioners. Such phrase shall also include any person who is appointed to fill a vacancy in any such elective office. (c) As used in subsection (a) of this Section, the words `salary or compensation', as applied to the elective members of a municipal governing authority, shall include any expense allowance or any form of payment or reimbursement of expenses, except reimbursement for expenses actually and necessarily incurred by members of a municipal governing authority in carrying out their official duties, and the governing authority of each municipality shall be authorized to provide by ordinance for the reimbursement of such actual and necessary expenses. 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 April 17, 1981. DOWNTOWN DEVELOPMENT AUTHORITIES LAW. No. 798 (House Bill No. 545). AN ACT To create downtown development authorities in and for each municipal corporation of the State; to define certain terms; to provide for the creation and activation of such authorities; to provide for subsequent resolutions of the governing body of the municipal corporation; to provide for the qualifications of directors of such authorities; to provide for the powers of such authorities; to provide for the issuance of revenue bonds, notes and other obligations by such authorities; to provide for the terms which may be contained in instruments executed by such authorities, and for limitations and procedures; to find and provide that such authorities are created for public purposes; to provide that bonds, notes and other obligations of such authorities shall not constitute indebtedness of the State of Georgia or any county, municipal corporation or political subdivision thereof; to provide that property of such authorities will be tax exempt; to provide for severability; to repeal conflicting laws; to provide that this Act shall be effective upon approval by the Governor or upon becoming law without his approval; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title of Act; definitions. This Act may be referred to as the Downtown Development Authorities Law. As used in this Act: (a) Authority shall mean each public body corporate and politic created pursuant to this Act.
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(b) Cost of the project or cost of any project shall 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 an Authority which accrues or is paid prior to and during the period of construction of a project and during such additional period as the Authority may reasonably determine to be necessary to place such project in operation; all costs of engineering, surveying, architectural and legal services and all expenses incurred by engineers, surveyors, architects and attorneys in connection with any project; all expenses for inspection of any 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 an Authority in connection with any project; all expenses of or 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 any project; repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and any 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, trust agreement, indenture of trust or similar 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.
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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 proceeds of revenue bonds, notes or other obligations issued by the Authority. (c) Downtown development area shall mean the geographical area within a municipal corporation designated as such by the resolution of the governing body activating the Authority for such municipal corporation as modified by any subsequent resolution of the governing body of such municipal corporation. (d) Governing body shall mean the elected or duly appointed officials constituting the governing body of any municipal corporation in the State of Georgia. (e) Municipal corporation shall mean any city or town in the State of Georgia. (f) Project shall mean the acquisition, construction, installation, modification, renovation or rehabilitation of land, interests in land, buildings, structures, facilities or other improvements located or to be located within the downtown development area, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture or other property of any nature whatsoever used on, in or in connection with any such land, interest in land, building, structure, facility or other improvement, all for the essential public purpose of the development of trade, commerce, industry and employment opportunities in the downtown development area. A project may be for any industrial, commercial, business, office, parking, public or other use, provided that a majority of the members of the Authority determine, by a resolution duly adopted, that the project and such use thereof would further the public purpose of this Act. (g) Revenue bonds and bonds shall mean any bonds of an Authority which are authorized to be issued under the Constitution and laws of the State of Georgia, including refunding bonds but not including notes or other obligations of an Authority. Section 2. Authorities created; directors. There is hereby created in and for each municipal corporation in the State a public body corporate and politic to be known as the Downtown Development Authority of such municipal corporation, which shall consist of
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a board of seven directors to be appointed by resolution of the governing body of the municipal corporation for initial terms of two, four and six years and thereafter for staggered terms of six years. The governing body of the municipal corporation shall appoint two members of the first board of directors for a term of two years each, two for a term of four years each and three for a term of six years each. After expiration of the initial terms, the terms of all directors shall be six years. If at the end of any term of office of any director a successor to such director has not been elected, the director

whose term of office has expired shall continue to hold office until his successor is elected. A majority of the board of directors shall constitute a quorum. Section 3. Activation of Authorities by Resolution. No Authority shall transact any business or exercise any powers hereunder until the governing body of the municipal corporation shall, by proper resolution, declare that there is a need for an Authority to function in such municipal corporation, thereby activating the Authority. In its resolution, the governing body shall designate as the downtown development area that geographical area within the municipal corporation which, in the judgment of the governing body, constitutes the central business district and shall appoint the initial directors of the Authority. A copy of the governing body's resolution shall be filed with the Secretary of State, who shall maintain a record of all Authorities activated hereunder. Section 4. Subsequent Resolutions. The governing body of the municipal corporation may, by proper resolution adopted subsequent to its resolution activating its Authority: (i) change its designation of the downtown development area to a geographical area within the municipal corporation which, in the judgment of the governing body, at the time constitutes the central business district, provided that any such change in the downtown development area shall be effective prospectively from the adoption of the resolution providing therefor and shall not affect any project of, or any action taken by, the Authority within or with respect to the downtown development area as defined prior to such change becoming effective; (ii) appoint directors of the Authority which the governing body of the municipal corporation is authorized to appoint; and (iii) disapprove any proposed issue of revenue bonds, notes or other obligations of the Authority, in the manner provided in this Act.
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Section 5. Qualifications of directors; officers; compensation; expenses. Directors shall be taxpayers residing in the municipal corporation for which the Authority is created, and their successors shall be appointed by the governing body of the municipal corporation. Not less than four (4) of the directors shall be persons who, in the judgment of the governing body of the municipal corporation, either have or represent a party who has an economic interest in the redevelopment and revitalization of the downtown development area. 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 actual expenses incurred in the performance of their duties. Each Authority shall have perpetual existence. Section 6. Powers of Authorities. 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, agreements and other instruments necessary or convenient to exercise the powers of the Authority or to further the public purpose for which the Authority is created, including but not limited to contracts for construction of projects, leases of 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 the public purpose of the Authority; (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
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contributions 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 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 agreements or instruments as may be necessary or desirable, in the judgment of the Authority, to evidence and to provide security for such borrowing; (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 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 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 the Authority's public purpose and to accept and use the same upon such terms and conditions as are prescribed by such 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 the public purposes of the Authority; (j) To contract for any period not exceeding fifty (50) years with
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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 political 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 or 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 reserve 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 agreement or instrument as may be necessary or desirable, in the judgment of the Authority, to secure any such revenue bonds, notes or other obligations, which instruments or agreements 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, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument (the State of Georgia on behalf of itself and each
Page 1751
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 agreement or instrument encumbering such property may be foreclosed in accordance with law and the terms thereof); (m) To receive and use the proceeds of any tax levied by a municipal corporation to pay the costs of any project or for any other purpose for which the Authority may use its own funds pursuant to this Act; (n) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (o) To use any real property, personal property or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof, or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to the best advantage of the Authority and the public purpose thereof; (p) To acquire, accept or retain equitable interests, security interests or other interests in any real property, personal property or fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, contract, lien, loan agreement or other consensual transfer in order to secure the repayment of any monies loaned or credit extended by the Authority; (q) To appoint, select and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys and others and to fix their compensation and pay their expenses; (r) To encourage and promote the improvement and revitalization of the downtown development area and to make, contract for or otherwise cause to be made long-range plans or proposals for the downtown development area in cooperation with the municipal corporation within which the downtown development area is located; (s) To adopt bylaws governing the conduct of business by the Authority, the election and duties of officers of the Authority and
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other matters which the Authority determines to deal with in its bylaws; (t) 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 purpose of the Authority; and (u) To do all things necessary or convenient to carry out the powers conferred by this Act. The powers enumerated in each paragraph above are cumulative with and in addition to those enumerated in the other paragraphs

above and elsewhere in this Act, and no such power limits or restricts any other power of the Authority. Section 7. Revenue bonds. Revenue bonds, notes or other obligations issued by an Authority shall be paid solely from the property (including but not limited to real property, fixtures, personal property, revenues or other funds) pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered to secure or to pay such bonds, notes or other obligations. All revenue bonds, notes and other obligations shall be authorized by resolution of the Authority, adopted by a majority vote of the directors of the Authority at a regular or special meeting. The governing body of the municipal corporation shall have the right to disapprove any bonds, notes or other obligations, and such disapproval shall be effective to prevent issuance of such bonds, notes or other obligations of the Authority if made by vote of a majority of the members of the governing body of the municipal corporation within 60 days after the governing body receives from the Authority written notice of the first resolution or other similar official action of the Authority authorizing such bonds, notes or other obligations together with a copy of such resolution of the Authority. Unless the disapproval of the governing body is made in writing delivered to the Authority within such time and in such manner, the Authority may proceed to issue such bonds, notes or other obligations, and the governing body of the municipal corporation shall have no right or claim whatsoever to disapprove or to prevent such issuance. 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 rate or rates (which may be fixed or may fluctuate or otherwise change from time to time), shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants,
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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 or provided or permitted by any resolution of the Authority authorizing the issuance of such revenue bonds, notes or other obligations shall bind the directors 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 permitted under this Act. 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. There shall be no limitation upon the amount of revenue bonds, notes or other obligations which any Authority may issue. 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 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 an Authority. Section 8. Provisions and obligations; limitations and procedures. (a) Subject to the limitations and procedures provided by this section, the agreements or instruments executed by an Authority may contain such provisions not inconsistent with law as shall be determined by the board of directors of the Authority. (b) The proceeds derived from the sale of all bonds, notes and other obligations issued by an Authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this Act, all or part of the cost of any project, or for the purpose of refunding any bonds, notes or other obligations issued in accordance with the provisions of this Act. (c) Issuance by an Authority of one or more series of bonds, notes or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes or other obligations in connection with the same project or with any other projects, but the proceeding wherein any subsequent bonds, notes or other obligations shall be issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, security agreement or other
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agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the Authority to issue subsequent bonds, notes or other obligations on a parity with such prior issue. (d) An Authority shall have the power and is hereby authorized, whenever bonds of the Authority shall have been validated as provided in this Act, to issue, from time to time, its notes in anticipation of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The Authority may issue such bond anticipation notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. Such notes may be authorized, sold, executed and delivered in the same manner as bonds. As with its bonds, the Authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the Authority or any issue thereof may contain any provisions which the Authority is authorized to include in any resolution or resolutions authorizing bonds of the Authority or any issue thereof, and the Authority may include in any notes any terms, covenants, or conditions which the Authority is authorized to

include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated. 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) All bonds issued by the Authority under this Act shall be issued and validated under and in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as heretofore and hereafter amended, except as provided in this Act, provided that notes and other obligations of the Authority may, but shall not be required to, be so validated. (1) 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 exchangeability and transferability provisions, as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (2) Bonds shall bear a certificate of validation. The signature of the clerk of the superior court of the judicial circuit in which the issuing Authority is located may be made on the
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certificate of validation of such bonds by facsimile or by manual execution stating the date on which such 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. (3) In lieu of specifying the rate or rates of interest which bonds to be issued by an Authority are to bear, the notice to the district attorney or Attorney General, the notice to the public of the time, place and date of the validation hearing and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest (which may be fixed or may fluctuate or otherwise change from time to time) specified in such notices and petition and complaint 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 (which may be fixed or may fluctuate or otherwise change from time to time) so specified; provided, however, that nothing contained herein shall be construed as prohibiting or restricting the right of the Authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (4) The terms cost of the project or cost of any project shall have the meaning prescribed in this Act whenever referred to in bond resolutions of an Authority, in bonds, notes or other obligations of an Authority, or in notices or proceedings to validate such bonds, notes or other obligations of an Authority. Section 9. Purpose and declaration of need. The revitalization and redevelopment of the central business districts of the municipal corporations of the State of Georgia develops and promotes for the public good and general welfare trade, commerce, industry and employment opportunities and promotes the general welfare of the State by creating a climate favorable to the location of new industry, trade and commerce, and the development of existing industry, trade and commerce, within the municipal corporations of the State of Georgia. Revitalization and redevelopment of central business districts by financing projects under the Act will develop and promote for the public good and general welfare trade, commerce, industry and employment opportunities and will promote the general welfare
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of the State. It is therefore in the public interest and is vital to the public welfare of the people of Georgia, and it is hereby declared to be the public purpose of this Act, to so revitalize and redevelop the central business districts of the municipal corporations of Georgia. No bonds, notes or other obligations (except refunding bonds) shall be issued by an Authority hereunder unless its board of directors adopts a resolution finding that the project for which such bonds, notes, or other obligations are to be issued will promote the foregoing objectives. Section 10 . Construction of Act. The provisions of this Act shall be liberally construed to effect the purpose hereof. The offer, sale or issuance of bonds, notes or other obligations by any Authority shall not be subject to regulation under the Georgia Securities Act of 1973 (Ga. Laws 1973, p. 1202), as heretofore and hereafter amended. No notice, proceeding or publication except those herein required shall be necessary to the performance of any act herein authorized nor shall any such act be subject to referendum. Section 11. Bonds, notes and other obligations not to constitute public debt. No bonds, notes or other obligations of and no indebtedness incurred by an 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. No holder or holders of any such bonds, notes or other 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 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 pursuant to authority granted the General Assembly by the Constitution of the State of Georgia of 1976. 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 each 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
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State covenants with the holders from time to time of the bonds, notes and other obligations issued hereunder that no such Authority shall be required to pay any 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, notes and other obligations of each 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 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. Effect on other Authorities. This Act shall not affect any other authority now or hereafter existing under general or local constitutional amendment or general or local law. 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 17, 1981.
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LITTER CONTROL LAW AMENDED. No. 799 (House Bill No. 554). AN ACT To amend an Act known as the Litter Control Law, approved March 20, 1970 (Ga. Laws 1970, p. 494), so as to repeal the provision on intent; to provide for the adoption of ordinances by municipalities to regulate and control litter; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Litter Control Law, approved March 20, 1970 (Ga. Laws 1970, p. 494), is hereby amended by striking Section 2, relating to statement of legislative intent, in its entirety and inserting a new Section 2 to read as follows: Section 2. Local Ordinances. Nothing within this Act shall be construed to prohibit the adoption of local ordinances regulating and controlling litter within the corporate limits of a municipality. Violation of such ordinances shall be punished as provided in the municipal charter. 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 17, 1981.
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WORKERS' COMPENSATION ACT AMENDEDGROUP SELF-INSURANCE FUNDS. Code Chapter 114-6a Amended. No. 800 (House Bill No. 574). AN ACT To amend Code Chapter 114-6a, relating to group self-insurance funds for workers' compensation purposes, so as to transfer regulation of the group self-insurance funds authorized by said chapter from the Secretary of State to the Insurance Commissioner; to provide for editorial revision; to provide for clarification of certain procedures; to change the provisions relating to information to be supplied with the application for a certificate of authority; to change the amount of the minimum security deposit required to be maintained by certain funds; to provide for surety bonds; to change the provisions regarding excess insurance required to be maintained by a fund; to change the provisions relating to the minimum surplus required to be maintained by a fund; to change the provisions relating to deficient or impaired funds; 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 114-6a, relating to group self-insurance funds for workers' compensation purposes, is hereby amended by striking said chapter in its entirety and inserting in lieu thereof a new Code Chapter 114-6a to read as follows: CHAPTER 114-6a Group Self-insurance Funds 114-601a. 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
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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 or in substantially similar types of businesses or professions within the State of Georgia and have similar governing industry classifications as approved by the Commissioner regarding workers' compensation and employers' liability 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 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 or in substantially similar types of professions and have similar governing industry classifications as approved by the Commissioner regarding workers' compensation and employers' liability 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.
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(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) `Commissioner' shall mean the Insurance Commissioner 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 total annual premium determined by multiplying the payroll for the applicable workers' compensation job classifications times the appropriate annual premium rate for each classification. (13) `Standard annual premium' shall mean the gross annual premium plus or minus applicable experience debits or credits. (14) `Normal annual premium' shall mean the standard annual premium plus or minus applicable discounts or surcharges. (15) `Administrator' means any 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.
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(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 Commissioner 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. (c) A proposed fund shall file with the Commissioner, 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;
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(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 have 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) A brief 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 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 has 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) A statement of the financial condition of the fund listing all of its assets and liabilities as of the end of the last preceding month prior to the date of the application, on such a form as may be prescribed by the Commissioner; (17) A copy of each contract, endorsement, and application form it proposes to issue or use;
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(18) A current audited or other acceptable 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 Commissioner; (19) Such other information, documents, or statements as the Commissioner 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 only 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 Commissioner deems 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 Commissioner 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 subsection (b) of Code Section 114-603a which makes application for membership and otherwise meets the requirements of this chapter. 114-604a. Certificate of authority. (a) The Commissioner 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 Code Title 114. If the Commissioner finds that the fund is capable of complying with such requirements and meeting such liability, he shall issue a certificate authorizing the fund to provide workers' compensation benefits on behalf of its members.
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(b) If the Commissioner 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 Commissioner 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 Commissioner may refuse to issue, renew, suspend, or revoke the certificate of authority of any fund in accordance with the provisions of Code Sections 114-616a and 114-621a for failure of the fund to comply with any provision of this chapter or with any of the rules, regulations, or orders of the Commissioner issued pursuant thereto. (e) Said certificate shall be renewed annually in accordance with rules and regulations promulgated by the Commissioner upon payment by the fund of an annual fee of $300.00. 114605a. 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 Code Chapter 114-6. 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 Commissioner on a form prescribed by the Commissioner. 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 Commissioner 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. The board may take into consideration the loss ratio of a prospective member in establishing such member's proportionate share; provided that notwithstanding
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the provisions of this section such prospective member's proportionate share shall be reasonable in relationship to the proportionate shares paid by the other members of the fund. Any group aggrieved by a determination of the board regarding the establishment of a member's proportionate share shall have the right to appeal such determination to the Commissioner. 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 Commissioner. Such voluntary termination shall be approved by the Commissioner 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 any rules and regulations issued by the Commissioner and the fund 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 Commissioner, 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. Such hearings may be initiated by the Commissioner either upon his own motion or upon a recommendation of the board of the fund. (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
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pursuant to the provisions of this chapter 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 Commissioner. 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; (b) To collect and disburse all money due or payable in accordance with the provisions of this chapter; (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;
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(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 Commissioner; (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 Commissioner a report of its affairs and operations during the year ending the thirty-first day of December last preceding. This annual report shall be made in such form and contain such information as the Commissioner may, by regulation from time to time, prescribe and require in protecting the public interest, the interest of the members of the fund, and the interest of the employees of each member. The Commissioner may, by 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 Commissioner 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. 114-611a. 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 Commissioner shall take into consideration the following criteria: (a) The Commissioner shall charge as liabilities the same reserves as are required of incorporated insurers issuing nonassessable policies on a reserve basis;
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(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; (g) The existence and face value of contracts or policies of excess insurance or other measures of financial capacity as the Commissioner 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 or bond; contracts for excess insurance. (a) Each fund shall maintain with the Commissioner a deposit consisting of securities eligible for deposit by domestic insurance companies in accordance with the provisions of Code Chapter 56-11 in an amount which is equal to 25 percent of the normal annual premium or, if acceptable to the Commissioner, post in lieu thereof a surety bond in an amount which is equal to 35 percent of the normal annual premium; provided that a fund established by a group of municipalities, counties, or school boards shall only be required to maintain such a deposit in an amount which is equal to 10 percent of the normal annual premium or, if acceptable to the Commissioner, to post in lieu thereof a surety bond in an amount which is equal to 15 percent of the normal annual premium. In the event that the Commissioner shall permit a fund to post a surety bond in lieu of the deposit required above, such a bond shall only be acceptable if it is issued by an authorized insurer and its form has been approved in advance by the Commissioner. (b) Specific and aggregate excess insurance policies underwritten by insurers authorized to transact business in this state or by
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approved surplus lines carriers with terms, liability limits, cancellation provisions, and retention amounts acceptable to the Commissioner shall be required as a condition to the issuance and maintenance of a certificate of authority of any fund created pursuant to this chapter. 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 $150,000.00 and a minimum of not less than $150,000.00 expendable surplus or such higher amounts of surplus or expendable surplus as the Commissioner may reasonably establish or subsequently require for the protection of the members and their employees; provided that the Commissioner shall have the authority to require the establishment or maintenance of such lesser amounts of minimum surplus or expendable surplus as he may deem advisable for the protection of the members and their employees if the fund can show conclusively that its maximum annual liability is less than or equal to the total annual premiums collected. 114614a. 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 Commissioner may permit such insurers to invest their funds under 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 Code 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 or higher than the pro rata unearned premiums and minimum nonexpendable surplus required under Code Section 114-613a, 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
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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 Code Title 114. (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 Commissioner taken pursuant to the provisions of this chapter may request a hearing before the Commissioner or otherwise proceed in accordance with the provisions of the `Georgia Administrative Procedure Act,' (Ga. Laws 1964, p. 338), as now or hereafter amended.
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114-617a. Administrative fine for certain acts of officers, employees, agents, or representatives. The Commissioner 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 subsection (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. In addition to all other penalties provided for under the provisions of this chapter, the Commissioner shall have the authority to place any fund 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 Commissioner 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 Commissioner 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 Commissioner, in which case the monetary penalty provided for herein may be increased to an amount up to $5,000.00 for each and every act or violation. 114-618a. Contract administrators. (a) If a fund contracts with an administrator which is not an employee of the fund, the fund and such administrator must enter into a written agreement which shall be subject to review and approval by the Commissioner in accordance with the provisions of this section. Such an agreement shall set forth the following:
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(1) The powers of 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 Commissioner be maintained at all times by the administrator. (b) Such an agreement may provide for the following: (1) The right of substitution of the administrator and the revocation of the agreement upon notice to the Commissioner; (2) Restrictions upon the exercise of power by the administrator; and (3) Any other lawful provision deemed necessary or 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 Commissioner at least 30 days prior to their use. Any such agreement and any and all amendments thereto which have not been specifically disapproved by the Commissioner within 30 days after the filing thereof shall be deemed to be approved. (d) A copy of the agreement and any and all amendments thereto shall be furnished to each member upon request. (e) Except as provided in subsection (d), such agreements and amendments shall be confidential and privileged and shall not be released to the public by the Commissioner without the prior written consent of the parties thereto.
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114-619a. Bonds and liability insurance required; resident office of administrator. (a) The Commissioner shall require each administrator to have and maintain a fidelity bond in an amount which the Commissioner 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 Commissioner 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 Commissioner 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. (b) If the fund fails to make up such deficiency or to make the required assessment of its members within 30 days after the Commissioner 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 or within such longer period of time as may be specified by the Commissioner, 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 Commissioner shall have the same powers and limitations in such proceedings as provided 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 Commissioner determines to be necessary to discharge all liabilities of the fund, including the reasonable costs of such liquidation. 114-621a. Grounds for enjoining transaction of business; receivers. If the Commissioner finds that any fund or its administrator (1) has failed to comply with any provision of this chapter, (2) is
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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 Commissioner may revoke, 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; (2) There was any material 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 of the Commissioner 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 capacities belonging to a member or to an employee of a member 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.
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Before the Commissioner shall revoke, suspend, or refuse to issue or renew the certificate of authority of any fund, 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 of any fund for any of the causes enumerated in this section, after hearing as herein provided, the Commissioner may place the fund and its administrator on probation for a period of time not to exceed one year or may fine such fund not more than $1,000.00 for each offense, or both when, in his judgment, he finds that the public interest and the interests of the fund's members and their employees would not be harmed by the continued operation of the fund. The amount of any such penalty shall be paid by such fund to the Commissioner for the use of the state. At any hearing provided by this section, the Commissioner 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. (b) No fund shall be voluntarily dissolved or otherwise voluntarily cease to function without having first obtained the written approval of the Commissioner and a determination made by the Commissioner that all claims and other legal obligations of the fund have been paid or that adequate provisions for such payment have been made. 114623a. 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, trustee, administrator, 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.
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(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, officer, member of a committee, or employee thereof from being covered by the fund as an employee of a member and enjoying the usual rights so provided for employees of members. (d) The Commissioner shall by regulation define and permit additional exceptions to the prohibition contained in subsection (a) of this section solely to enable payment 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 Code Chapter 56-7 applicable to `insurers' shall apply to `funds,' as defined in this chapter; and, for the purpose of determining whether a violation of Code 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 Code Chapter 567, whichever is applicable. In enforcing the provisions of this section, the Commissioner shall be deemed to possess the same powers and be subject to the same restrictions as are applicable to the Commissioner under said Code Chapter 56-7. 114-626a. Taxes. The same taxes provided for in Code 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,
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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 Commissioner 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 Code Chapter 56-2. 114-629a. Rules and regulations. The Commissioner 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 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 amended, or for the purposes of any other laws of the State of Georgia which relate to insurers or insurance companies. 114-631a. 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. 114-632a. 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 July 1, 1981, provided that under no circumstances shall this Act be construed so as to authorize a fund to commence operations under this chapter prior to January 1, 1982.
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Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1981. GEORGIA SAFETY FIRE COMMISSIONER ACT AMENDED. No. 801 (House Bill No. 734). AN ACT To amend an Act creating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. Laws 1949, p. 1057), as amended, particularly by an Act approved February 17, 1959 (Ga. Laws 1959, p. 50), and by an Act approved April 14, 1967 (Ga. Laws 1967, p. 619), so as to provide that certain counties shall adopt fire safety standards and shall be responsible for enforcement of certain fire safety and arson duties; to provide for local fire marshals, deputy local fire marshals, and state inspectors to act as state officers; to provide that the sovereign immunity of the state shall apply to all officers and employees thereof in carrying out the provisions of said Act; to provide that existing buildings shall comply with the minimum fire safety standards in effect at the time such buildings were constructed; to provide that certain buildings constitute a special hazard to property and to the life and safety of persons; to provide for submission and approval of plans and specifications and issuance of certificates of occupancy for such buildings; to amend an Act to provide access to buildings and facilities by physically 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), and by an Act approved March 31, 1980 (Ga. Laws 1980, p. 1344), so as to provide that the office of Georgia Safety Fire Commissioner shall enforce said Act with respect to those buildings subject to the jurisdiction of said office; to provide for certain editorial changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. Laws 1949, p. 1057), as amended, particularly by an Act approved February 17, 1959 (Ga. Laws 1959, p. 50), and by an Act approved April 14, 1967 (Ga. Laws 1967, p. 619), 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. Except as provided in Section 6 of this Act, the Commissioner is hereby charged with the duties and chief responsibility for the enforcement of this law. He may, consistent with this law, delegate to the officers and employees appointed hereunder, such duties and powers as in his discretion he shall deem necessary or advisable for the proper enforcement of this law and shall have full supervision and control over them in the performance of their duties or in the exercise of any powers granted to them by him or by this law. Except as provided in Section 6 of this Act, he shall be the final authority in all matters relating to the interpretation and enforcement of this law except so far as his orders may be reversed or modified by the courts. Section 2 . Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. The state fire marshal shall, subject to the approval of the Commissioner, appoint a deputy state fire marshal and administrative fire safety specialists and employ such office personnel as may be required to carry out the provisions of this Act. All such appointees, including the state fire marshal, shall serve during the pleasure of the Commissioner. The deputy state fire marshal and administrative fire safety specialists shall be chosen by virtue of their previous training and experience in the particular duties which shall be assigned to them and they shall take an oath to faithfully perform the duties of their office. Section 3 . 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. (a) In all counties having a population of 100,000 or more, as determined by the most recent decennial census published
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by the United States Bureau of Census, the municipal governing authority in any incorporated area or the county governing authority in any unincorporated area located therein shall adopt the state minimum fire safety standards adopted in the rules and regulations promulgated pursuant to this Act, including all subsequent revisions thereof. (1) With respect to those buildings and structures listed in Section 8 of this Act, except for those owned and operated or occupied by the state, every such local governing authority shall be responsible for enforcing such fire safety standards within their jurisdiction and shall: (A) Conduct fire safety inspections of existing buildings and structures; (B) Review plans and specifications for proposed buildings and structures, issue building permits when plans are approved, and conduct fire safety inspections of such buildings and structures; and (C) Issue permanent and temporary certificates of occupancy. Nothing herein shall be construed so as to prohibit fire service personnel of any such local governing authority from making inspections of any state owned and operated or occupied building or structure listed in Section 8 of this Act and from filing reports of such inspections with the office of Georgia Safety Fire Commissioner. Nothing herein shall be construed so as to place upon any municipality, county or any officer or employee thereof, the responsibility to take enforcement action regarding any existing building or structure listed in Section 8 of this Act when such building or structure was granted a certificate of occupancy pursuant to a waiver granted prior to January 1, 1982, and which was granted pursuant to the recommendation of the engineering staff over the objection of the local authority having jurisdiction. (2) Every such local governing authority shall have the authority to charge and retain appropriate fees for performing the duties required in subparagraphs (B) and (C) above.
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(3) Every such local governing authority shall be responsible for investigating all cases of arson and other suspected incendiary fires within their jurisdiction, shall have the duties and powers authorized by Section 21 of this Act in carrying out such responsibility, and shall submit quarterly reports to the state fire marshal containing fire-loss data regarding all fires within their jurisdiction. The state fire marshal shall have the authority to initiate any arson investigation upon request of any such local governing authority and the state fire marshal shall provide assistance to the requesting authority regarding any of the duties and responsibilities required by this paragraph. (b) With respect to those buildings and structures listed in Section 8 of this Act in all counties having a population of less than 100,000, as determined by the most recent decennial census published by the United States Bureau of Census, and with respect to every such building and structure owned and operated or occupied by the state wherever located, the office of Georgia Safety Fire Commissioner shall perform those duties specified in paragraph (1) of subsection (a) herein and shall perform all other duties required by this Act. (c) Except as specifically stated herein, nothing in this section shall reduce or avoid the duties and responsibilities of the office of Georgia Safety Fire Commissioner or the state fire marshal required by other sections of this Act, other Acts, or any existing contract or agreement and all renewals thereof between the office of Georgia Safety Fire Commissioner or the state fire marshal and any other state or federal government agency. Nothing herein shall prohibit the office of Georgia Safety Fire Commissioner, state fire marshal, or any local governing authority from entering into any future contract or agreement regarding any of the duties required herein. Section 4 . 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: Section 7. (a) (1) For purposes of this Act, a local fire marshal shall mean any employee or independent contractor of any city, county, or other governing authority in any county having a population of less than 100,000, as determined by the most recent decennial census published by the United States Bureau of Census, who is responsible for performing fire safety duties for such city, county, or governing authority and who has been or is seeking to be deputized pursuant to this section.
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(2) For purposes of this Act, a deputy local fire marshal shall mean any person who is employed by, supervised by, or otherwise assists a local fire marshal and who has been or is seeking to be deputized pursuant to this section. (3) For purposes of this Act, a state inspector shall mean any person who is employed by any board, commission, or other administrative authority of any state owned and operated or occupied facility, who is responsible for performing fire safety duties within such facility, and who has been or is seeking to be deputized pursuant to this section. (b) Upon application submitted by any governing authority or administrative authority described in subsection (a) herein, the state

fire marshal shall, subject to the approval of the Commissioner and in accordance with this section, have the authority to deputize local fire marshals, deputy local fire marshals, and state inspectors as state officers. The application shall be verified by an appropriate official and shall contain the name, address, and current place of employment for each applicant seeking to be deputized and the dates and places of past employment, educational background, training experience, any area of specialization and the basis therefor, and such other information as may be required by the state fire marshal. (c) (1) Prior to deputizing any local fire marshal, deputy local fire marshal, or state inspector, the state fire marshal shall examine the applicant's education, training, and employment experience to ascertain whether the applicant is qualified to perform duties in one or more of the following areas: (A) Fire safety inspections; (B) Review of plans and specifications; or (C) Arson investigations. (2) If the state fire marshal is satisfied that the applicant is qualified, he shall recommend to the Commissioner that the applicant be deputized as a state officer to perform the appropriate duties on behalf of the state. (d) It shall be the responsibility of the aforesaid governing authority to notify the state fire marshal when a local fire marshal is
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no longer employed by or accountable to such governing authority. It shall be the responsibility of the local fire marshal to insure that his deputy local fire marshals perform their appointed duties and to notify the state fire marshal when a deputy local fire marshal is no longer employed under his authority. It shall be the responsibility of the aforesaid administrative authority to insure that state inspectors perform their appointed duties and to notify the state fire marshal when a state inspector is no longer employed by such administrative authority. (e) All local fire marshals, deputy local fire marshals, and state inspectors shall submit monthly reports of their activities to the state fire marshal and shall comply with the administrative procedures of the state fire marshal's office. Any local fire marshal, deputy local fire marshal, or state inspector who is found by the state fire marshal to be negligent in performing his appointed duties or in fulfilling his responsibilities shall be removed from his position as a state officer. (f) All local fire marshals, deputy local fire marshals, and state inspectors deputized prior to the effective date of this Act shall be permitted to continue in their capacity as state officers until January 1, 1982. Section 5 . Said Act is further amended by striking subsection (a) of Section 8 in its entirety and inserting in lieu thereof the following: (a) Certain buildings and structures may, because of construction or use, constitute a special hazard to property or to life and safety of persons on account of fire or panic caused by a fear of fire. Buildings constructed or used in the following manner present such a special hazard: (1) Buildings or structures more than three stories in height; provided, however, that nothing herein shall apply to any individually owned residential unit within any such building; (2) Buildings three or more stories in height and used as a residence by three or more families with individual cooking and bathroom facilities; provided, however, that nothing herein shall apply to any individually owned residential unit within such buildings;
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(3) Any building in which there is more than 15 sleeping accommodations for hire, with or without meals but without individual cooking facilities, whether designated as a hotel, motel, inn, club, dormitory, rooming or boarding house, or by any other name; (4) Any building or group of buildings which contain schools and academies for any combination of grades 1 through 12 having more than 15 children or students in attendance at any given time; (5) Hospitals, health care centers, mental health institutions, orphanages, nursing homes, convalescent homes, old age homes, jails, prisons, and reformatories. For purposes of this paragraph, nursing homes, convalescent homes, and old age homes shall mean any building used for the lodging, personal care, or nursing care on a 24 hour basis of more than four invalids, convalescents, or elderly persons who are not members of the same family; (6) Race tracks, stadiums, and grandstands; (7) Theaters, auditoriums, restaurants, bars, lounges, night clubs, dance halls, recreation halls, churches, and other places of public assembly having an occupant load of 300 or more persons, except that the occupant load shall be 100 or more persons in those buildings where alcoholic beverages are served; and (8) Department stores and retail mercantile establishments having a gross floor area of 25,000 square feet on any one floor or having three or more floors that are open to the public. For purposes of this paragraph, shopping centers and malls shall be assessed upon the basis of the entire area covered by the same roof or sharing common walls; provided, however, that nothing herein shall apply to single-story malls or shopping centers where every individual occupancy located therein has less than 25,000 square feet, where every such common wall has a two-hour fire rating and is sealed tightly to the underside of the deck, and where there are unobstructed exit doors in the front and rear of every such individual occupancy which open directly to the outside. Any building or structure which is used exclusively for agricultural purposes, or which has been designated `historic property' or which is located within a designated `historic district' pursuant to the `Georgia

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Historic Preservation Act,' approved April 8, 1980 (Ga. Laws 1980, p. 1723), as now or hereafter amended, shall be exempt from the above classification. Capacity as used in this section shall mean the maximum number of persons who may be reasonably expected to be present in any building or on any floor thereof at a given time according to the use which is made of such building. The Commissioner shall determine and by rule declare the formula for determining capacity for each of the uses herein described. Section 6. Said Act is further amended by adding new subsections (d) and (e) to Section 8 to read as follows: (d) All rules and regulations heretofore promulgated by the Commissioner or the state fire marshal and the minimum fire safety standards adopted therein shall remain in full force and effect where applicable until such time as they are amended by the appropriate authority. (e) The municipal governing authority in any incorporated area or the county governing authority in any unincorporated area of this state shall have the authority to enact such ordinances as it deems necessary to perform fire safety inspections and related activities for those buildings and structures not covered in this section. 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. (a) Plans and specifications for all proposed buildings which come under classification in Section 8 of this Act and which come under the jurisdiction of the office of Georgia Safety Fire Commissioner pursuant to Section 6 of this Act shall be submitted to and receive approval by either the state fire marshal, or the proper local fire marshal or state inspector before any state, city, or county building permit may be issued or construction started. All such plans and specifications submitted as required above shall be accompanied by a $100.00 fee for screening and shall bear the seal and Georgia registration number of the drafting architect or engineer or otherwise have the approval of the Commissioner. A complete set of approved plans and specifications shall be maintained on the construction site, and construction shall proceed in compliance with the minimum fire
Page 1787
safety standards under which such plans and specifications were approved. The owner of any such building or structure, or his authorized representative, shall notify the state fire marshal, or the proper local fire marshal, or state inspector upon completion of approximately 80 percent of the construction thereof and shall apply for a certificate of occupancy when construction of such building or structure is completed. (b) Every building or structure which comes under classification in Section 8 of this Act and which comes under the jurisdiction of the office of Georgia Safety Fire Commissioner pursuant to Section 6 of this Act shall have a certificate of occupancy issued by the state fire marshal, or the proper local fire marshal, or state inspector before such building or structure may be occupied. Such certificates of occupancy shall be issued for each business establishment within the building, shall carry a flat rate charge of $50.00, shall state the occupant load for such business establishment or building, shall be posted in a prominent location within such business establishment or building, and shall run for the life of the building, except as provided in subsection (c) herein. (c) For purposes of this Act, any existing building or structure listed in Section 8 of this Act and which comes under the jurisdiction of the office of Georgia Safety Fire Commissioner pursuant to Section 6 of this Act shall be deemed to be a proposed building in the event such building or structure is subject to substantial renovation, a fire or other hazard of serious consequence, or a change in the classification of occupancy. For purposes of this Act, `substantial renovation' shall mean any construction project involving exits or internal features of such building or structure costing more than the building's or structure's assessed value according to county tax records at the time of such renovation. 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: Section 11. (a) Every existing building and structure listed in Section 8 of this Act shall comply with the minimum fire safety standards adopted in the rules and regulations promulgated pursuant to this Act which were in effect at the time such building or structure was constructed, except for those standards pertaining to electrical requirements, which shall be the current standards adopted pursuant
Page 1788
to this Act. A less restrictive provision contained in any subsequently adopted minimum fire safety standard may be applied to any existing building or structure. (b) Every proposed building and structure listed in Section 8 of this Act shall comply with the adopted minimum fire safety standards that were in effect on the date that plans and specifications therefor were received by the state fire marshal, or the proper local fire marshal, or state inspector for review and approval. Section 9. Said Act is further amended by striking Section 19 in its entirety and inserting in lieu thereof a new Section 19 to read as follows: Section 19. Nothing in this Act shall be construed to constitute a waiver of the sovereign immunity of the state, or any officer or employee thereof, in carrying out the provisions of this Act. No action shall be maintained against the state, any municipality, county, or any officer, elected officer or employees thereof, for

damages sustained as a result of any fire or related hazard covered in this Act by reason of any inspection or other action taken or not taken pursuant to this Act. Nothing in this Act shall be construed to relieve any property owner or lessee thereof from any legal duty, obligation, or liability incident to the ownership, maintenance, or use of such property. Section 10. An Act to provide access to buildings and facilities by physically 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) and an Act approved March 31, 1980 (Ga. Laws 1980, p. 1344), is hereby amended by striking paragraph (1) of subsection (a) of Section 20 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Except for buildings under the jurisdiction of the board of regents, all buildings subject to the jurisdiction of the Georgia Safety Fire Commissioner pursuant to Section 6 and subsection (a) of Section 8 of the Act creating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. Laws 1949, p. 1057), as amended, shall be subject to the jurisdiction of the Georgia Safety Fire Commissioner for purposes of enforcement of this Act.
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Section 11. This Act shall become effective on April 1, 1982, except that certain counties and municipalities shall have the authority to promulgate regulations which shall become effective on April 1, 1982. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1981. GEORGIA INSURANCE CODE AMENDEDLICENSING, ETC. OF AGENTS, BROKERS, ETC. Code Title 56 Amended. No. 802 (Senate Bill No. 71). AN ACT To amend Code Title 56, known as the Georgia Insurance Code, so as to provide certain additional qualifications for licensure of agents and counselors for life or accident and sickness insurance and for the making of annuity contracts; to authorize the Insurance Commissioner to require continuing education as a prerequisite for the renewal for the licenses of insurance agents, solicitors, brokers, counselors, and adjusters; to conform certain related laws to the provisions of the Act; to provide for other matters relative to the foregoing; to provide legislative intent; to provide an effective date; to provide for application; 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 adding a new Section after Code Section 56-803a, to be designated Code Section 56-803.1a, to read as follows:
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56-803.1a. Qualifications for license; exceptions.(1) For the protection of the people of this State, the Commissioner shall not issue, continue, or permit to exist any license unless the issuance, continuance, or existence of the license is in compliance with the provisions of this Chapter and unless the individual who is licensed or to be licensed: (a) Is a resident of this State who will reside and be present within this State for at least six months of every year: Provided, however, in cities, towns, or trade areas (either unincorporated or comprised of two or more incorporated cities or towns) located partly within and partly without the State, requirements as to residence and principal place of business shall be deemed met if the residence or place of business is located in any part of the city, town, or trade area and if the other state in which the city, town, or trade area is located in part has established like requirements as to such residence and place of business. (b) If an applicant for a license as counselor, has shown that he has had five years' experience acting as an agent or in some other phase of the insurance business which in the opinion of the Commissioner has qualified him to act as such counselor and passes such examination as shall be required by the Commissioner. (c) If an applicant for an agent's license other than as provided in subsection (3), below, and Code Section 56-808a, has: (I) Successfully completed classroom courses in insurance satisfactory to the Commissioner at a school, college, or extension division thereof, or schools operated by an insurance company or an insurance association approved by the Commissioner for such applicant; or (II) Completed correspondence courses in insurance satisfactory to the Commissioner and has had at least six months of responsible insurance duties as a substantially fulltime bona fide employee of an agent, an insurer, their managers, general agents, or representatives in the kind or kinds of insurance for which he seeks to be licensed; or (III) Had at least one year in responsible insurance duties as a substantially full-time bona fide employee of an
Page 1791
agent, an insurer, their managers, general agents, or representatives in the kind or kinds of insurance for which he seeks to be licensed, without the education requirement mentioned in subparts (I) or (II) above. (2) Where applicant's qualifications as required in subparts (II) or (III) of subsection (1) (c) are based in part upon the periods of employment at responsible insurance duties prescribed therein, the applicant shall submit with his application for license, on a form prescribed by the Commissioner, an affidavit setting forth the period of such employment and a statement that the same was substantially full time, and giving a brief abstract of the nature of the duties performed by the applicant. (3) An

individual who was qualified to sit for an agent's examination at the time he was employed by the Commissioner and who while so employed was employed in responsible insurance duties as a full-time bona fide employee shall be permitted to take an examination if application for such examination is made within 90 days after the date of termination of his employment with the Commissioner. (4) This Section does not apply as to any temporary license provided for in Code Section 56-811a or as to any license pursuant to. Code Section 56-808a. Section 2. Said Code Title is further amended by adding in Code Section 56-807a, relating to issuance of licenses, after the following: Chapter 56-13, wherever the same shall appear, the following: and Section 56-803.1a, so that when so amended Code Section 56-807a shall read as follows: 56-807a. Notice as to results of examination; issuance of license; types of licenses.(1) If the Commissioner is satisfied that the applicant is trustworthy and competent and the applicant, if required, has passed a written examination and has met the requirements of Chapter 56-13 and Section 56-803.1a, the Commissioner shall forthwith issue a license limited to the insurer and class or
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classes of insurance for which the agent is to be appointed. If the applicant has not passed his written examination or for any of the reasons set forth in Section 56-813a, the Commissioner shall notify the applicant and the insurer, in writing, that a license will not be issued to him. (2) In any case where a license is applied for to represent an insurer authorized in this State to transact an accident and sickness, as well as a life insurance, business, the Commissioner may, on request of the applicant, issue a single license authorizing the applicant to represent the insurer with respect to both types of business; Provided, that the applicant, in addition to qualifying under this Chapter, has satisfied the Commissioner as required by the laws of this State and the regulations of the Commissioner, if any, that he is competent to represent such insurer with respect to life insurance and the types of accident and sickness insurance issued by it. (3) If, as to counselors, the Commissioner is satisfied that the applicant is trustworthy and competent and the applicant, if required, has passed a written examination, and has met the requirements of Chapter 56-13 and Section 56-803.1a, the Commissioner shall forthwith issue a license. Section 3. Said Code Title is further amended by striking in its entirety subsection (2) of Code Section 56-810a, relating to expiration and renewal of licenses, and inserting in lieu thereof a new subsection (2) of Code Section 56-810a to read as follows: (2) (a) In the absence of a contrary ruling by the Commissioner, license renewals may be issued from year to year upon request of the insurer, without further action on the part of an agent; Provided, however, that no license shall be issued to an agent or counselor unless the licensee has paid fees and taxes as provided in Chapter 56-13 and has successfully completed such continuing education as the Commissioner may require. (b) Continuing education requirements imposed by the Commissioner pursuant to this subsection shall not exceed 24 classroom hours for each licensed person during the calendar year. (c) Each agent and counselor shall be entitled to an exemption of one-fourth of the number of hours of classroom instruction required pursuant to this subsection for each five years of continuous
Page 1793
employment as an agent or counselor. No agent or counselor may exempt, pursuant to this paragraph, more than threefourths of such requirements. (d) The continuing education requirements provided for in this subsection shall not apply to: (I) Those persons who are licensed by the Commissioner and who hold one or more limited licensees as described in Section 56-805a(1)(b) or (c). (II) Those persons who have been continuously licensed and employed principally as an insurance agent or counselor for 20 years or more. (e) Every person required to participate in a continuing education program pursuant to this subsection or such person's insurer shall furnish the Commissioner such information as the Commissioner deems necessary to verify compliance with the continuing education requirements. (f) Any licensed agent satisfying the continuing education requirements of this subsection shall be exempted from any additional continuing education requirements as set forth in Section 56-814b. Section 4. 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 56-814b 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) (a) Upon the filing of an application for renewal accompanied by fees as provided for in Chapter 56-13 and upon successful completion by the applicant of such continuing education as the Commissioner may require, a renewal for one yearly period ending at the end of December shall be issued by the Commissioner without further examination, investigation, or inquiry.
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(b) Continuing education requirements imposed by the Commissioner pursuant to this subsection shall not exceed 24

classroom hours for each licensed person during the calendar year. (c) Each agent and counselor shall be entitled to an exemption of one-fourth of the number of hours of classroom instruction required pursuant to this subsection for each five years of continuous employment as an agent or counselor. No agent or counselor may exempt, pursuant to this paragraph, more than three-fourths of such requirements. (d) The continuing education requirements provided for in this subsection shall not apply to: (I) Those persons who are licensed by the Commissioner and who hold one or more limited licenses as described in Section 56-811b(1), (2), (3), or (5). (II) Those persons who have been continuously licensed and employed principally as an insurance agent or broker for 20 years or more. (e) Every person required to participate in a continuing education program pursuant to this subsection or such person's insurer shall furnish the Commissioner such information as the Commissioner deems necessary to verify compliance with the continuing education requirements. (f) Any licensed agent satisfying the continuing education requirements of this subsection shall be exempted from any additional continuing education requirements as set forth in Section 56-810a. (3) If the Commissioner, after conforming to procedure for a hearing as set forth in Chapter 56-2, makes a determination that such renewal should be refused or the license revoked or suspended, or the application discloses a disqualification, the license shall not be renewed. (4) 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
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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 calender year. Section 5. It is hereby expressly declared to be the intent of the General Assembly that, in the event any other Act of the 1981 Regular Session of the General Assembly amends Code Section 56-814b to change or authorize the change of date for expiration of or application and payment of fees for the licenses subject to Section 56-814b, the content and language of Section 56-814b as set forth in this Act shall prevail over any content or language of Section 56-814b set forth in the other Act regardless of the effective date of the other Act. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, except that the provisions of this Act shall apply only to licenses granted, issued, or renewed on or after January 1, 1982. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1981. THE RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT AMENDED. No. 803 (Senate Bill No. 85). AN ACT To amend an Act known as The Retail Installment and Home Solicitation Sales Act, approved April 18, 1967 (Ga. Laws 1967, p. 659), as amended, so as to change the time price differential on revolving accounts; to provide for certain editorial changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. An Act known as The Retail Installment and Home Solicitation Sales Act, approved April 18, 1967 (Ga. Laws 1967, p. 659), as amended, is hereby amended by striking subsection (b) of Section 4 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) Notwithstanding the provisions of any other law, the seller under a revolving account may charge, receive, and collect, a time price differential which shall not exceed 17.5 per $10.00 per month computed on all amounts unpaid thereunder from month to month (which need not be a calendar month) or other regular period. If the amount of time price differential so computed shall be less than $1.00 for any such month, a time price differential of $1.00 for any such month may be charged, received, and collected. If the regular period is other than such monthly period or if the unpaid amount is less than or greater than $5.00, the permitted time price differential shall be computed proportionately. Such time price differential may be computed for all unpaid balances within a range of not in excess of $10.00 on the basis of the median amount within such range if as so computed such time price differential is applied to all unpaid balances within such range. 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 17, 1981.
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THE RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT AMENDED. No. 804 (Senate Bill No. 86). AN ACT To amend an Act known as The Retail Installment and Home Solicitation Sales Act, approved April 18, 1967 (Ga. Laws 1967, p. 659), as amended, so as to change the time price differential on retail installment contracts; to

provide for certain editorial 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 known as The Retail Installment and Home Solicitation Sales Act, approved April 18, 1967 (Ga. Laws 1967, p. 659), as amended, is hereby amended by striking subsection (d) of Section 3 in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) (1) Notwithstanding the provisions of any other law, the seller under a retail installment contract may charge, receive, and collect a time price differential which shall not exceed 13 per $1.00 per year on the unpaid balance. (2) The time price differential under this paragraph shall be computed on the unpaid balance of each transaction on contracts payable in successive monthly payments substantially equal in amount for the period from the date of the contract to and including the date when the final installment thereunder is payable. When a retail installment contract is payable other than in successive monthly payments substantially equal in amount, the time price differential may be at the effective rate provided in this paragraph, having due regard for the schedule of payments. The time price differential may be computed on the basis of a full month for any fractional month period in excess of ten days. Notwithstanding the other provisions of this paragraph, a minimum time price differential not in excess of the following amounts may be charged on any retail installment contract; $12.00 on any retail installment contract involving an initial unpaid balance of $50.00 or more; $7.50 on a retail installment contract involving an
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initial unpaid balance of more than $25.00 and less than $50.00; and $5.00 on a retail installment contract involving an initial unpaid balance of $25.00 or less. As used herein, `unpaid balance' shall be determined in accordance with Section 226.8(c) of Regulation Z promulgated by the Board of Governors of the Federal Reserve System pursuant to Title I (Truth in Lending Act) and Title V (General Provisions) of the Consumer Credit Protection Act (Public Law 90-321; 82 Stat. 146 et seq.) as the same existed upon its becoming effective on July 1, 1969. 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 17, 1981. GEORGIA ELECTION CODE AMENDED. Code Title 34 Amended. No. 805 (Senate Bill No. 91). AN ACT To amend Code Title 34, also known as the Georgia Election Code, as amended, so as to provide for notice to be provided to electors; to provide for permanency of registration, biennial revision of records, and reregistration; to provide for the payment of a fee for the production of an electors' list; to change the provisions relating to the filing of a certified list; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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Section 1. Code Title 34, also known as the Georgia Election Code, as amended, is hereby amended by striking in its entirety subsection (c) of Code Section 34-617, relating to text of qualifications to be applied by registration offices, and substituting in lieu thereof a new subsection (c) to read as follows: (c) If the right of any person to remain on the list of electors, whose name appears thereon, is questioned by the registrars, the registrars shall give such person written notice by first-class mail sent to the address on his registration card, stating a place and time of hearing, not less than five nor more than 30 days from the date of notice, to determine the elector's eligibility to remain on the list of electors. The elector's failure to respond in person or by mail by the date set for the hearing shall constitute cause for removing the elector's name from the list. Section 2. Said Code title is further amended by striking in its entirety subsection (a) of Code Section 34-620, relating to permanency of registration and biennial revision of records and reregistration, and substituting in lieu thereof a new subsection (a) to read as follows: (a) The electors who have qualified shall not thereafter be required to register or further qualify, except as provided by law. No person shall remain a qualified voter who does not vote in at least one general or special election or primary, as provided in this Section, or a municipal general or special election or primary if the county is furnishing the electors' list to a municipality within three years immediately preceding the first day of January of each odd-numbered year unless he shall specifically request continuation of his registration in the manner hereinafter provided. Section 3. Said Code title is further amended by striking in its entirety Code Section 34-623, relating to filing of certified list with superior court clerk and Secretary of State, obtaining list from Secretary of State and Board of Registrars and arrangement of names and appearance of name on list as prerequisite to voting, and substituting in lieu thereof a new Code Section 34-623 to read as follows: 34-623. (a) Filing of certified list with superior court clerk and Secretary of State; obtaining list from Secretary of State and Board of Registrars; arrangement of names; appearance of name on list as prerequisite to voting. Within three days after completing such list of
Page 1800

electors, the registrars shall file with the clerk of the superior court of their county and Secretary of State a certified copy of such list accompanied by their certification of the number of electors by race in each election district in their county. When requested, it shall be the duty of the Secretary of State or the board of registrars, as the case may be, to furnish a certified copy of such list, or any part thereof, upon payment of a fee sufficient to cover the cost of preparing such list, but in no event shall the fee exceed an amount equal to one cent for the name of each elector appearing thereon. The list shall be alphabetically arranged by election districts and shall include address and zip code. No person whose name does not appear on such list shall vote or be allowed to vote at any election, except as hereinafter provided. (b) In those counties using computers to maintain the list of electors, it shall be the duty of the boards of registrars of such counties to furnish a computer-run list at a cost not to exceed 1/4 of a cent per name or a computer tape containing such list, upon payment of a fee to cover the actual cost of providing such tape or both as requested. (c) Such lists of electors shall not be used by any person for commercial 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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1981.
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MUNICIPAL ELECTION CODE AMENDED. Code Section 34A-519 Amended. No. 806 (Senate Bill No. 93). AN ACT To amend Code Section 34A-519, relating to the right of registrars to reexamine qualifications of electors listed, subpoenaing of documents and witnesses, and notice of hearing to elector whose right to remain on list is questioned, so as to provide for notice to be provided to electors; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 34A-519, relating to the right of registrars to reexamine qualifications of electors listed, subpoenaing of documents and witnesses, and notice of hearing to elector whose right to remain on list is questioned, is hereby amended by striking subsection (c) in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) If the right of any person to remain on the list of electors, whose name appears thereon, is questioned by the registrars, the board of registrars shall give such person written notice by first class mail sent to the address on the elector's registration card stating a time and place of a hearing, not less than five nor more than 30 days from the date of notice, to determine the elector's eligibility to remain on the list of electors. Failure by the elector to respond to the notice either in person or by mail by the date set for the hearing shall constitute cause for removing the elector's name from the electors' list. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1981.
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GEORGIA CIVIL DEFENSE ACT OF 1951 AMENDEDLOCAL CIVIL DEFENSE ORGANIZATIONS. No. 807 (Senate Bill No. 99). 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 31, 1980 (Ga. Laws 1980, p. 1247), so as to provide for partial state funding of local civil defense organizations; 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 31, 1980 (Ga. Laws 1980, p. 1247), is hereby amended by adding immediately following subsection (c) of Section 9 a new subsection (d) to read as follows: (d) (1) To the extent funds are appropriated for such purpose by the General Assembly, the civil defense director is hereby authorized and directed to provide funds to counties or municipalities which operate a local civil defense organization as required by this Act. No county or municipality shall be entitled to receive funds unless the local civil defense organization has met all of the state and federal requirements to be a qualified civil defense organization to receive federal funds, including: (A) legal establishment by local ordinance or resolution; (B) a legally appointed local director who has been endorsed and approved by the civil defense director and appointed by the Governor; (C) an approved emergency and disaster plan with all applicable annexes; and (D) an approved fiscal year program paper and other necessary compliance documents. (2) The amount provided to each county or municipality shall be equal to the amount of any short fall in federal funding which results in federal funds which less than match (on a 50%-50% basis) the amount budgeted by the county or municipality for the purpose of operating and maintaining the local civil defense organization.

Page 1803
(3) In the event sufficient state funds other than those from federal sources are not appropriated for a fiscal year to fund the full amount provided in paragraph (2) of this subsection, then the amount which would otherwise be payable to each county and municipality shall be reduced pro rata on the basis of the funds actually appropriated. (4) The civil defense director is authorized and directed to adopt and promulgate appropriate rules and regulations to carry out the provisions of this subsection. (5) Funds to carry out the provisions of this subsection shall come from funds appropriated to the Department of Defense specifically for the purposes of carrying out the provisions of this subsection. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1981. GEORGIA EQUAL EMPLOYMENT FOR THE HANDICAPPED CODE. Code Title 66 Amended. No. 808 (Senate Bill No. 102). AN ACT To amend Code Title 66, relating to master and servant, as amended, so as to provide a new Code Chapter to prohibit discrimination in the employment of the handicapped; to provide for legislative intent; to provide a short title; to provide definitions; to permit certain job-related conduct and prohibit other such conduct; to prohibit discrimination and retaliation; to provide for civil liabilities; to repeal conflicting laws; and for other purposes.
Page 1804
Be it enacted by the General Assembly of Georgia: Section 1. It is the intent of the General Assembly to guarantee to handicapped individuals the fullest participation in the social and economic life of the State and to guarantee their right to engage in remunerative employment. The right to lawful employment, without discrimination because of handicap, where the reasonable demands of the position do not require such a distinction, is hereby recognized as and declared to be the right of all the people of this State and it is the policy of this State to protect such rights. Section 2. Code Title 66, relating to master and servant, as amended, is hereby amended by adding immediately following Chapter 66-4 a new Chapter, to read as follows: CHAPTER 66-5 EQUAL EMPLOYMENT FOR THE HANDICAPPED 66-501. Short Title. This Code Chapter shall be known and may be cited as the `Georgia Equal Employment for the Handicapped Code.' 66-502. Definitions. For purposes of this Chapter, unless the context otherwise requires: (a) `Persons' means one or more individuals, partnerships, municipalities, the State, or other political subdivisions within the State, associations, labor organizations, or corporations. (b) `Handicap' means any condition or characteristic that renders a person a handicapped individual, but shall not include addiction to any drug or illegal or federally controlled substance, nor addiction to the use of alcohol. (c) `Substantially limits' means that the impairment so affects a person as to create a likelihood that such person will experience difficulty in securing, retaining or advancing in employment because of a handicap. (d) `Physical or mental impairment' means (1) any physiological disorder or condition or anatomical loss affecting one or more of the following body systems: neurological;
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musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or (2) mental retardation and specific learning disabilities. (e) `Handicapped individual' means any person who has a physical or mental impairment as defined in section 66-502 (d) which substantially limits one or more of such person's major life activities, and who has a record of such impairment. The term `handicapped individual' shall not include any person who is addicted to the use of any drug, or illegal or federally controlled substance, or addiction to the use of alcohol. (f) `Major life activities' means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. (g) `Employer' means a person or Governmental unit or officer in this state having in his or its employ fifteen or more individuals; and any person acting as an agent of an employer. (h) `Labor organization' means a labor organization and an agent of such an organization, and includes an organization of any kind, an agency or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and a conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization. (i) `Unfair employment practice' means an act that is prohibited under this Chapter. 66-503. Permitted Conduct. (a) Nothing in this Chapter shall be construed to prevent an employer from making any job-related inquiry about the existence of the handicap of an applicant for employment and about the extent to which that handicap has been overcome by treatment, medication, appliances, or other rehabilitation.
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(b) Nothing in this Chapter shall be construed to prohibit the rejection of an applicant for employment on the basis of: (1) A handicap which interferes with a person's ability to adequately perform assigned job duties; or (2) Any communicable disease, either carried by or afflicting the applicant. (c) Nothing in this Chapter shall be construed to prevent or otherwise make illegal any employment decision affecting any person where such decision is based upon an employer's good faith reliance upon a professional opinion rendered by a licensed physician, rehabilitation specialist, psychologist, physical therapist, dentist, or other similar licensed health care professional concerning that person. 66-504. Discrimination Against Handicapped Prohibited. (a) No employer shall fail or refuse to hire, discharge or discriminate against any handicapped individual with respect to wages, rates of pay, hours, or other terms and conditions of employment because of such person's handicap unless such handicap restricts that individual's ability to engage in the particular job or occupation for which he or she is eligible; nor shall any employer limit, segregate or classify handicapped individuals in any way which would deprive or tend to deprive any handicapped individual of employment opportunities or otherwise affect employee status because of such person's handicap, unless such handicap constitutes a bona fide and necessary reason for such limitation, segregation or classification. This subsection shall not be construed to require any employer to modify his physical facilities or grounds in any way, or exercise a higher degree of caution for a handicapped individual than for any person who is not a handicapped individual; nor shall this subsection be construed to prohibit otherwise lawful employment practices or requirements merely because such practices or requirements affect a greater proportion of handicapped than non-handicapped individuals within the area from which the employer customarily hires his employees. (b) No employment agency, placement service, training school or center or labor organization shall fail or refuse to refer for employment or otherwise discriminate against individuals because of their handicap.
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(c) No labor organization shall exclude or expel from its membership, or otherwise discriminate against individuals because of their handicap; nor shall a labor organization limit, segregate, or classify its membership, nor classify or fail or refuse to refer for employment any handicapped individual, in any way which would deprive or tend to deprive any handicapped individual of employment opportunities, or otherwise affect such person's employee status or employment applicant status or as would adversely affect such person's wages, hours or conditions of employment, because of such person's handicap. (d) No employer, labor organization, or joint labor-management committee controlling apprenticeship programs or other training or retraining, including on-the-job training programs, shall discriminate against any individual because of such individual's handicap, in admission to, or employment in, any program established to provide apprenticeship or other training. (e) Advertisement of Employment. It is discrimination for an employer to print or publish or cause to be printed or published a notice or advertisement relating to employment by such employer indicating any preference, limitation, specification, or discrimination based on handicap, except that such a notice or advertisement may indicate a limitation or specification based upon handicap if the criteria is job-related. 66-505. Retaliation Prohibited. No employer shall discharge, expel, refuse to hire, or otherwise discriminate against any person or applicant for employment, nor shall any employment agency discriminate against any person, nor shall a labor organization discriminate against any member or applicant for membership because such person has opposed any practice made an unfair employment practice by this Chapter or because he has filed a charge, testified, assisted or participated in any manner in an investigation, suit, proceeding or hearing under this Chapter. 66-506. Civil Liabilities. (a) Any handicapped individual aggrieved by an unfair employment practice against such individual may institute a civil action against those persons engaged in such prohibited conduct. Such action may be brought in any court of record in this State having jurisdiction over the defendant and shall be brought within one hundred and eighty days after the alleged prohibited conduct occurred. However, no person shall be a party
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plaintiff to any such action unless he gives his consent in writing and such consent is filed with the court in which the action is brought. (b) The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, including, but not limited to, hiring, reinstatement, or upgrading of employees, admission or restoration of the aggrieved individual to union membership, admission to or participation in a guidance program, apprenticeship training program, on-the-job training program, or other occupational training or retraining program, and the utilization of training related criteria in the admission of individuals to such training programs and job related criteria for employment, and may award to the plaintiff back pay, together with court costs and reasonable attorneys' fees in the case of a prevailing plaintiff or defendant. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1981. FEES FOR PUBLISHING LEGAL ADVERTISEMENTS.

Code Section 39-1105 Amended. No. 809 (Senate Bill No. 114). AN ACT To amend Code Section 39-1105, relating to fees for advertising, as amended, so as to change certain fees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 39-1105, relating to fees for advertising, as amended, is hereby amended by striking therefrom the following: the sum of $3.50,
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and substituting in lieu thereof the following: not more than the sum of $5.00, and by striking therefrom the following: the sum of $2.50, and substituting in lieu thereof the following: not more than the sum of $4.00, so that when so amended Code Section 39-1105 shall read as follows: 39-1105. The rates to be allowed to publishers for publishing legal advertisements shall be as follows: For each 100 words, not more than the sum of $5.00 for each insertion for the first four insertions; for each subsequent insertion, not more than the sum of $4.00 per 100 words. In all cases fractional parts shall be charged for at the same rates; and no judge of the probate court, sheriff, coroner, clerk, marshall or other officer shall receive or collect from parties, plaintiff or defendant, other or greater rates than herein set forth. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1981. LOCAL GOVERNMENT IMPACT FISCAL NOTES ACT. No. 810 (Senate Bill No. 148). AN ACT To provide for fiscal notes on bills, joint resolutions, and administrative actions having a fiscal impact on local political subdivisions; to
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provide a short title; to provide for definitions; to provide exceptions; to provide for other matters relative to the foregoing; to amend an Act known as the Georgia Fiscal Note Act, approved April 25, 1975 (Ga. Laws 1975, p. 1568), as amended, particularly by an Act approved March 14, 1978 (Ga. Laws 1978, p. 907), so as to delete a certain provision relating to general bills having a significant impact on the anticipated revenue or expenditure levels of counties and municipalities; to provide for the presumption that appropriate procedures have been complied with; to provide for severability; 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 Impact Fiscal Notes Act. Section 2. Definitions. As used in this Act, unless the context clearly requires otherwise, the following words or terms shall have the following meanings: (1) Fiscal note means a realistic statement of the estimated financial cost of implementing or complying with the proposed law, regulation, rule, order, or administrative law upon local political subdivisions to which the proposed law, regulation, rule, order, or administrative law applies. (2) Local political subdivision means a county, municipality, county school district, or independent school district. Section 3. Fiscal note required on legislation. Before any vote is taken in a committee of the House of Representatives or Senate or on the floor of either house upon any bill or joint resolution requiring an expenditure of at least $100,000.00 of public funds by local political subdivisions, a fiscal note shall be filed by the sponsor of the bill with the chairman of the committee and the Clerk of the House or the Secretary of the Senate. Any representative of any local political subdivision requesting a copy of the fiscal note shall be furnished with a copy immediately upon request to the Clerk of the House or the Secretary of the Senate. The provisions of this section shall not apply
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to a bill or joint resolution that is necessary for the state to assume the administration of regulatory programs mandated by federal statutes. Section 4. Fiscal note required on administration actions. Except as hereinafter provided, no regulation, rule, order, or administrative law which would have a fiscal impact of at least $100,000.00 on local political subdivisions in this state shall be valid unless 30 days prior to its adoption by a board, commission, agency, department, officer, or other authority of the government of this state, except the General Assembly, the courts, and the Governor, such board, commission, agency, department, officer, or other authority shall file a fiscal note with the state auditor. Any local political subdivisions that will be affected by the proposed regulation, rule, policy, order, or administrative law, upon request, shall immediately be furnished with a copy of the fiscal note by the board, commission, agency, department, officer, or other authority. The provisions of this section shall not apply to an emergency regulation, rule, order, or administrative law as described by subsection (b) of Section 4 of the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, to any rule or regulation adopted or order issued pursuant to legislation exempted from the provisions of Section 3 above, or to any other order issued to abate or prevent violations of specific statutory provisions enacted by the General Assembly. Section 5. Contents of fiscal note. A fiscal note shall contain an aggregated estimate of the fiscal impact of a bill, a joint resolution, or an administrative action on local political subdivisions for the fiscal year in which it would become effective if enacted and for the next two succeeding

fiscal years. If the fiscal impact of the bill, joint resolution, or administrative action is not expected to be totally evident within the applicable period, the estimate shall be projected beyond that period to include an estimate for the first fiscal year in which it is expected to be fully effective. Section 6. Preparation of note or waiver. The state auditor shall have the fiscal note prepared by his office for a bill or joint resolution, and the other departments or agencies of the state government shall assist the state auditor in the preparation of such fiscal note. Where appropriate, he shall seek the advice and assistance of local government officials or their representatives. The department or agency of state government assisting in the preparation of the fiscal note shall be clearly indicated on the fiscal note along with the signature of the state auditor or his authorized representative indicating that the state auditor agrees with the fiscal impact estimated thereon.
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Section 7. Revision of note. A fiscal note that is attached to a bill or joint resolution shall be revised by the state auditor at each successive stage of the legislative process in which an amendment is adopted that changes the fiscal effect of the bill or joint resolution, unless this requirement is waived by the President of the Senate or the Speaker of the House. A revised fiscal note shall not be required for any amendment which either increases local revenues or decreases mandated expenditures. The revised fiscal note shall be processed by the state auditor and returned as quickly as possible to the committee or the Clerk of the House or Secretary of the Senate if one of the latter has the custody of the bill or joint resolution at that time. Section 8. Replacement of waiver with note. Except as otherwise provided by Section 7, a waiver of a fiscal note shall be replaced at any time with a fiscal note if an amendment to a bill or joint resolution causes the bill or joint resolution to have an effect upon the revenues or expenditures of local political subdivisions. Section 9. Retention of copy of fiscal note or waiver; inspection; publication of note or waiver. (a) A copy of each fiscal note or waiver of a fiscal note shall be retained by the state auditor, and shall be reasonably available for public inspection for at least three years following its preparation. The fiscal note or waiver of a fiscal note shall be published in the journal of each house of the General Assembly. (b) A fiscal note, upon being filed as herein provided, shall be open to inspection by the general public as provided by an Act providing for the inspection of public records, approved February 27, 1959 (Ga. Laws 1959, p. 88), as amended. Section 10. Exemption. Any bill proposing an amendment to the Employment Security Law (formerly the Unemployment Compensation Law), approved March 29, 1937 (Ga. Laws 1937, p. 806), as now or hereafter amended, and all phases of the administration of said Employment Security Law are exempt from all provisions of this Act. Any bill proposing an amendment to the Code of Public Transportation, Title 95A, approved April 18, 1973 (Ga. Laws 1973, pp. 947-1191), as now or hereafter amended, and all phases of the administration of said Code of Public Transportation, Title 95A are exempt from all provisions of this Act.
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Section 11. Specific Act amended. An Act known as the Georgia Fiscal Note Act, approved April 25, 1975 (Ga. Laws 1975, p. 1568), as amended, particularly by an Act approved March 14, 1978 (Ga. Laws 1978, p. 907), is hereby amended by striking from subsection (a) of Section 3 the following: , and any such bill shall also be subject to the requirements of subsection (b) of this Section, so that when so amended said subsection (a) shall read as follows: (a) Any retirement bill must be introduced no later than the 10th day of any session. Any bill having a significant impact on the anticipated revenue or expenditure level of any State department, bureau, board, council, committee, commission or other State agency must be introduced no later than the 20th day of any session. Any general bill having a significant impact on the anticipated revenue or expenditure level of counties and municipalities must also be introduced no later than the 20th day of any session. Except for retirement bills, this Act shall not apply to any local bill affecting a county or municipality which must be advertised in accordance with the requirements of Article III, Section VII, Paragraph IX of the Constitution. In the event any bill as provided hereinbefore is introduced after the prescribed time limit, it shall not be considered or acted upon in any manner by either the Senate or the House of Representatives. The President of the Senate shall decide whether a bill which is introduced in the Senate falls within this category, and the Speaker of the House of Representatives shall decide whether a bill which is introduced in the House of Representatives falls within this category. The President of the Senate shall have the same right of decision on House bills which reach the Senate, and the Speaker of the House of Representatives shall have the same right of decision on Senate bills which reach the House of Representatives. Section 12. Presumption of appropriate procedures. Upon the effective date of any Act subject to the procedures outlined in this Act, there shall be a conclusive presumption that all of the procedures required by this Act have been met. 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

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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. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1981. GEORGIA INSURANCE CODE AMENDEDGROUP LIFE INSURANCE FOR CREDIT UNION MEMBERS. Code Section 56-2701 Amended. No. 811 (Senate Bill No. 240). AN ACT To amend Code Section 56-2701, relating to policies which must meet group life insurance requirements, so as to increase the amount of insurance a credit union may carry upon its members; to provide for certain editorial 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. Code Section 56-2701, relating to policies which must meet group life insurance requirements, is hereby amended by striking subsection (6) of said Code section in its entirety and inserting in lieu thereof a new subsection (6) to read as follows: (6) Bank and credit union groups. A bank authorized to do business in the State of Georgia may carry insurance upon its depositors for amounts not to exceed the savings deposit balances of
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each depositor or $5,000.00, whichever is less, and a credit union organized pursuant to the laws of Georgia or the Federal Credit Union Act may carry insurance upon its members for amounts not to exceed the share and deposit balances of each member or $5,000.00, whichever is less. Such insurance shall be subject to the requirements of subparts (a), (b), (c), and (d) of subsection (5) above. 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 17, 1981. BOARD OF EXAMINERS FOR LICENSED PRACTICAL NURSES ACT AMENDED. No. 812 (Senate Bill No. 245). 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, so as to change the qualifications for licensure and examination as a licensed practical nurse; to authorize the board to accept applications from applicants who expect to complete successfully a course of training in an approved school and hospital or equivalent thereof prior to the date of the examination applied for; to provide for temporary permits; to authorize the Georgia Board of Examiners of Licensed Practical Nurses to prescribe the form of examination to be administered to applicants for licensure; to require an applicant to have additional instruction after failing an examination twice; to provide the basis for renewal and late renewal of licenses; to change the qualifications and standards for licensure as a licensed practical nurse by endorsement; to define the term licensed practical nursing and delineate the permissible functions of a licensed practical nurse;
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to provide grounds for denial and sanction of a license and for investigations, hearings, and review; to provide for a roster of licensed practical nurses; to provide for the appointment of members of the Georgia Board of Examiners of Licensed Practical Nurses and to set forth the terms of office of members of the board; to provide for expenses of board members while carrying on their official duties; to provide for an effective date; to provide for severability; to repeal a specific 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 licensing of practical nurses, approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 333), as amended, is hereby amended by striking in its entirety Section 2, relating to qualifications of applicants for licensure, and substituting in lieu thereof a new Section 2 to read as follows: Section 2. (a) No person shall engage in practice as a licensed practical nurse without obtaining a license to practice as hereinafter provided. All applicants for a license to practice as a licensed practical nurse shall make application through the joint-secretary of the state examining boards. An applicant for such license shall submit to the Georgia Board of Examiners of Licensed Practical Nurses written evidence, verified by oath, that the applicant is at least 18 years of age and has completed high school or the equivalent thereof which is satisfactory to the board and that the applicant has successfully completed, or is expected to complete successfully prior to the date of the examination applied for, a course of training in an approved school and hospital training program for licensed practical nurses or a program deemed to be the equivalent thereof, in the discretion of the board. A person who has completed high school or the equivalent thereof, who has completed, or is expected to complete the approved educational program or equivalent thereof prior to the date of the examination applied for, and who is 17 years of age may apply to the board for special consideration; and the board, in its discretion, may allow a person so applying to take the examination required by Section 3 before the person is 18 years of age. In addition, an applicant shall

submit to the board written evidence, verified by oath, that the applicant is of good moral character and is in good physical and mental health and that the applicant has successfully completed, or is expected to complete successfully prior to the date of the examination applied for, a course of training in a school and hospital training program for licensed practical nurses approved by the board
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or a program deemed to be the equivalent thereof, in the discretion of the board. Licenses, as provided for in this section, may be issued by the board upon proper application. (b) The joint-secretary of the state examining boards may issue a temporary permit to applicants for licensure by examination pursuant to Section 3 of this Act or to applicants for licensure without examination pursuant to Section 5 of this Act. A temporary permit issued to an applicant for licensure by examination shall be valid from the date of issuance until the first examination scheduled for the applicant is graded. If the applicant fails the examination or fails to appear at the examination, the permit shall automatically become invalid. If the applicant passes the examination, the permit shall remain valid until a license is issued. Provided, however, that an applicant who, in the board's discretion, can show proper cause for failure to appear at the first examination may receive a second temporary permit upon reapplying to take the examination. Such second permit shall be governed by the same validity provisions as the first permit. Upon failure to appear at a second examination, the applicant shall not be eligible to receive another temporary permit. A temporary permit issued to applicants for licensure by endorsement shall be valid until final action upon the application is taken by the board and a license is issued or for six months, whichever occurs first. If the board declines to issue a license by endorsement, the applicant may be eligible to receive a temporary permit in accordance with the provisions applicable to applicants for licensure by examination. (c) The Georgia Board of Examiners of Licensed Practical Nurses may adopt such reasonable rules and regulations as may be necessary to regulate the issuance of licenses and temporary permits, to insure the competence of all persons practicing under such licenses and permits, and to protect the public from the practice of licensed practical nursing by persons unqualified under the terms and provisions of this Act. (d) Any educational facility and any hospital with 15 or more beds may qualify, upon application to and approval of the board, to train practical nurses. Educational facilities and hospitals which give training for practical nurses must include in their course a minimum of 600 hours of instruction in theory and 800 hours of clinical experience. No hospital shall train more than one nurse per year for every eight hospital beds.
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Section 2. Said Act is further amended by striking in its entirety Section 3, relating to examinations, and substituting in lieu thereof a new Section 3 to read as follows: Section 3. An applicant for licensure as a licensed practical nurse shall be required to pass an examination prescribed by the board and, upon successful passage thereof and upon satisfactorily complying with all other requirements of this Act, may be issued a license to practice as a licensed practical nurse. All licenses issued under the provisions of this Act must be renewed periodically to be valid, and such renewal shall be accomplished pursuant to the provisions of Code Section 84-104, as now or hereafter amended. The Board of Examiners of Licensed Practical Nurses shall be empowered to establish reasonable fees for the administering of examinations, the issuance of any licenses authorized by this Act, and the renewal or validation of any such licenses. Such fees shall be commensurate with the cost of fulfilling the statutory duties imposed upon the board by this Act. An applicant who fails the examinations twice shall be required to present satisfactory evidence to the board that such applicant has completed a program of instruction in nursing or such other educational activity as prescribed by the board before such applicant is admitted to a third examination. Section 3. Said Act is further amended by repealing in its entirety Section 4, which reads as follows: Section 4. Any other provisions of this Act to the contrary notwithstanding, any person who, at any time of the passage and approval of this Act, is engaged in practical nursing, under the supervision of a licensed physician, or registered nurse, or in any hospital or clinic recognized by the Georgia Hospital Association as such and who is at least eighteen years of age, of good moral character and in good physical and mental health, may be licensed as a practical nurse without the necessity of passing an examination, if such person makes application for such license to the Joint Secretary of the State Examining Boards within one year from the date of the passage and approval of this Act and accompanies said application with a fee of ten dollars ($10.00). Section 4. Said Act is further amended by striking in its entirety Section 5, relating to the admission to practice without examination
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of persons licensed in foreign states, and substituting in lieu thereof a new Section 5 to read as follows: Section 5. Any other provisions of this Act to the contrary notwithstanding, the board, in its discretion, may issue a license to practice as a

licensed practical nurse, without examination, to any person who has been duly licensed or registered as a practical nurse or who is entitled to perform similar service under a different designation under the laws of another state or territory of the United States if, in the opinion of the board, the person is qualified to be a licensed practical nurse in this state and meets the requirements for licensure of Georgia licensed practical nurses in existence at the time of application and if such person makes application for a license by endorsement through the Joint Secretary of the State Examining Boards. The approval or denial of a license by endorsement under this section shall be in the sole discretion of the board; and a denial thereof shall not be considered to be a contested case within the meaning of the `Georgia Administrative Procedure Act,' but the applicant shall be allowed to appear before the board if he so desires. Nothing contained herein shall be construed to prevent an applicant who is denied a license by endorsement from taking the examination for licensure, provided that such applicant is otherwise eligible to take the examination and has met the requirements therefor. Section 5. Said Act is further amended by striking in its entirety Section 6, relating to the renewal of licenses, and substituting in lieu thereof a new Section 6 to read as follows: Section 6. Each licensed practical nurse shall biennially make application for a renewal of license to the Joint Secretary of the State Examining Boards. Such application shall be accompained by a renewal fee as set by board rule. The license of any person failing to obtain such renewal shall become invalid on the date of expiration. Upon the payment of all renewal and lare renewal fees, however, such license may be reinstated in accordance with the rules of the board. Fees and form of payment thereof shall be established by appropriate board rule. Section 6. Said Act is further amended by striking in its entirety Section 8, relating to the definition of licensed practical nursing, and substituting in lieu thereof a new Section 8 to read as follows:
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Section 8. Practice of licensed practical nursing defined. Practice of licensed practical nursing means the performance for compensation, under the supervision of a physician practicing medicine, a dentist practicing dentistry, a podiatrist practicing podiatry, or a registered nurse practicing nursing in accordance with the applicable provisions of law, of health care services of the following types, the performance of which requires the formal education and preparation necessary to qualify for the examination for licensure as a licensed practical nurse, to include maintenance of health and prevention of illness; assisting in the assessment, planning, implementation, and evaluation of the delivery of health care services; providing personal patient observation, care, and assistance; performing comfort and safety measures; administering treatment and medications; performing certain specialized tasks when appropriately trained and consistent with institutional policy and providing similar health care services in hospitals, clinics, nursing homes, or other health care facilities in areas of practice including, but not limited to, coronary care, intensive care, emergency room, operating room, recovery room, obstetrics, pediatrics, outpatient services, or other such areas of practice. Section 7. Said Act is further amended by striking in its entirety Section 9, relating to the revocation of licenses, and substituting in lieu thereof a new Section 9 to read as follows: Section 9. (a) The board shall have authority to deny a license to an applicant or to sanction a license issued under this Act or any antecedent law, upon a finding by the board that the licentiate or applicant has: (1) Failed to demonstrate the qualifications or standards for licensure contained in this Act or the rules and regulations of the board, it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all requirements for the issuance of a license and, if the board is not satisfied as to the applicant's qualifications, it may deny a license; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of licensed practical nursing or in any document connected therewith, or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice licensed practical nursing, or made a false or deceptive annual registration with the board;
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(3) Been convicted of a felony in the courts of this state or any other state, territory, or country; `conviction of a felony,' as used in this section, shall include a conviction of an offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere, and, for the purposes of this section, a `conviction' shall be deemed to include a finding of guilt or verdict of guilty or plea of guilty, regardless of whether an appeal of the conviction has been sought; (4) Been arrested, charged, and sentenced for the commission of a felony or any crime involving moral turpitude where: (A) A plea of nolo contendere was entered to the charge; (B) First offender treatment was granted, without adjudication of guilt pursuant to the charge; or (C) An adjudication or sentence was otherwise withheld or not entered to the charge; the plea of nolo contendere on the order entered pursuant to the provisions of the `Georgia First Offender Act' or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had his license to practice nursing revoked, suspended, or annulled by any lawful licensing authority, had other disciplinary action taken against him by any lawful licensing authority, or was denied a license by any lawful licensing authority; (6)

Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person; `unprofessional conduct' shall include the improper charting of medication and shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing nursing practice; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person to practice nursing;
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(8) Violated or attempted to violate a statute or law or any lawfully promulgated rule or regulation of this state, any other state, the board, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which statute, law, or rule or regulation relates to or in part regulates the practice of nursing, when the licentiate or applicant knows or should know that such action is violative of such statute, law, or rule or violated a lawful order of the board previously entered by the board in a disciplinary hearing; (9) Been adjudged mentally incompetent by a court of competent jurisdiction within or without this state, and any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect unless the board, upon a finding that the licentiate is mentally competent, orders otherwise; and an applicant who has been so adjudged to be mentally incompetent shall not receive a license unless the board, upon a finding that the applicant is mentally competent, orders otherwise; or (10) Displayed an inability or has become unable to practice nursing with reasonable skill and safety to the public by reason of illness, the use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition. For the purposes of this section, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licentiate or applicant; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute. (b) Upon a finding by the board that a license should be denied or sanctioned pursuant to subsection (a) of this section, the board may take any one or more of the following actions: (1) Deny a license to an applicant or refuse to renew a license; (2) Administer a public reprimand; (3) Suspend any license for a definite period;
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(4) Limit or restrict any license; (5) Revoke any license; (6) Condition the penalty or withhold formal disposition upon the nurse's submission to such care, counseling, or treatment as the board may direct; or (7) In addition to and in conjunction with the foregoing actions, the board may make a finding adverse to the licentiate or applicant but withhold imposition of judgment and penalty or it may impose the judgment and penalty but suspend enforcement thereof and place a license on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (c) Initial judicial review of a final decision of the board shall be had solely in the Superior Court of Fulton County. (d) In its discretion, the board may restore and reissue a license to practice licensed vocational nursing under this Act or any antecedent law and, as a condition thereof, it may impose any disciplinary or corrective measure provided by this Act. (e) The joint-secretary of the state examining boards, is hereby vested with the power and authority to make, or cause to be made through employees or agents of the board, such investigations as he, or the board, may deem necessary or advisable in the enforcement of the provisions of this Act. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material related to the fitness of any licentiate or applicant. The joint-secretary or his appointed representative may issue subpoenas to compel such access. (f) A person, partnership, firm, corporation, association, authority, or other entity shall be immune from civil or criminal liability for reporting the acts or omissions of a licentiate or applicant which violate the provisions of subsection (a) of this section or any other provision of law relating to a licentiate's or applicant's fitness to practice nursing if such report is made in good faith, without fraud or malice. Any person who testifies in good faith, without fraud or malice, before the board in any proceeding involving a violation of the provisions of subsection (a) of this section or any other law relating to
Page 1824
a licentiate's or applicant's fitness to practice nursing shall be immune from civil and criminal liability for so testifying. (g) Neither a denial of a license on grounds other than those enumerated in subsection (a), nor the issuance of a private reprimand, nor the denial of a license by endorsement under Section 5, nor the denial of a request for reinstatement of a license shall be considered a contested case within the meaning of the `Georgia Administrative Procedure Act'; and notice and hearing within the meaning of that Act shall not be required, but the applicant or licentiate shall be allowed to appear

before the board if he so requests. (h) If any licentiate fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licentiate and take action if such licentiate had been present. (i) The voluntary surrender of a license shall have the same effect as a revocation of said license, subject to reinstatement in the discretion of the board. Section 8. Said Act is further amended by striking in its entirety Section 10 and substituting in lieu thereof a new Section 10 to read as follows: Section 10. The Georgia Board of Examiners of Licensed Practical Nurses shall maintain an up-to-date roster of all persons currently licensed to practice nursing as licensed practical nurses in the State of Georgia. Such roster shall be available for public inspection during regular business hours and may be copied at cost. Section 9. Said Act is further amended by striking in its entirety Section 11, relating to membership and meetings of the Georgia Board of Examiners of Licensed Practical Nurses, and substituting in lieu thereof a new Section 11 to read as follows: Section 11. The Georgia Board of Examiners of Licensed Practical Nurses shall consist of seven members appointed by the Governor. One such member shall be appointed from the public at large and shall have no connection with the practice or profession of nursing. Board members shall serve no more than two consecutive terms, a term being four years. The members of the Georgia Board of Examiners of Licensed Practical Nurses in office on the effective date of this section shall serve out the remainder of their respective terms.
Page 1825
Successors to such members shall be appointed to terms of four years by the Governor, with the approval of the Secretary of State. The members of the board shall receive the same per diem expense allowance as that authorized by law for members of the General Assembly for each day of service devoted to their official duties, plus reimbursement for actual transportation costs while traveling by public carrier or the same mileage rate for the use of a personal automobile in connection with such attendance as that authorized by law for members of the General Assembly. The board shall meet at least twice each year and may have called meetings upon notice issued by its chairman or by the joint-secretary of the state examining boards. Rules and regulations regarding the training of licensed practical nurses or any other matters necessary to carry out the duties and functions of the board provided by law may be formulated and promulgated by the Georgia Board of Examiners of Licensed Practical Nurses. Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 11. 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. An Act entitled 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., approved February 14, 1980 (Ga. Laws 1980, p. 58), is hereby repealed in its entirety.
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Section 13 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1981. SALE, ETC. OF UNAUTHORIZED TRAFFIC CONTROL SIGNS, ETC. Code Section 95A-901 Amended. No. 813 (Senate Bill No. 288). AN ACT To amend Code Section 95A-901, relating to uniform signs, signals, markings, and other trafficcontrol devices, so as to prohibit the sale of nonuniform signs, signals, markings, and other traffic control devices; to provide penalties for such prohibited sale; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 95A-901, relating to uniform signs, signals, markings, and other trafficcontrol devices, is hereby amended by adding at the end thereof a new subsection, to be designated subsection (e), to read as follows: (e) Sale of unauthorized signs or devices prohibited. No person, firm, corporation, or other entity shall offer for sale any sign, signal, marking, or other device intended to regulate, warn, or guide traffic upon the public roads of Georgia, unless it conforms with the uniform regulations promulgated under subsection (a) of this Code section. Any person, firm, corporation, or other entity who sells any sign, signal, marking, or other device intended to regulate, warn, or guide traffic upon the public roads of Georgia in violation of this section shall make restitution to the purchaser in an amount equal to the entire sum, plus interest, originally paid for the sign, signal,
Page 1827

marking, or other device. Any person, firm, corporation, or other entity who knowingly sells any sign, signal, marking, or other device intended to regulate, warn, or guide traffic upon the public roads of Georgia in violation of subsection (a) of this Code section shall be guilty of a misdemeanor., so that when so amended, Code Section 95A-901 shall read as follows: 95A-901. Uniform signs, signals, markings, and other traffic-control devices. (a) Department to issue uniform regulations. The Department shall promulgate uniform regulations governing the erection and maintenance on the public roads of Georgia of signs, signals, markings, or other traffic-control devices, such uniform regulations to supplement and be consistent with the laws of this State. Insofar as practical, with due regard to the needs of the public roads of Georgia, such uniform regulations shall conform to the recommended regulations as approved by the American Association of State Highway Officials. (b) Signs on State Highway System. In conformity with its uniform regulations, the Department shall place and maintain, or cause to be placed and maintained, such traffic-control devices upon the public roads of the State Highway System as it shall deem necessary to regulate, warn, or guide traffic, except that the Department shall place and maintain a sign for each railroad crossing at grade on the State Highway System, warning motorists of such crossing: Provided that each railroad company shall also erect and maintain a Railroad Crossbuck Sign on its right-of-way at every such crossing. The Department may remove or direct removal of all traffic-control devices and signs which are erected on the State Highway System by any governing authority without the permission of the Department. (c) Signs on county road and municipal street systems. Counties and municipalities shall place and maintain, in conformity with the uniform regulations of the Department, such traffic-control devices upon the public roads on their respective public road systems as are necessary to regulate, warn, or guide traffic, except that counties and municipalities also shall erect and maintain a sign, for each railroad crossing at grade on their respective county road or municipal street systems, warning motorists of such crossing: Provided that in addition each railroad company shall erect and maintain a Railroad Crossbuck Sign on its right-of-way at all such crossings.
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(d) Unlawful to remove, deface, or damage official traffic-control device. It shall be unlawful for any person to remove, deface or damage in any way any official traffic-control device lawfully erected or maintained pursuant to the provisions of this section or of other law. (e) Sale of unauthorized signs or devices prohibited. No person, firm, corporation, or other entity shall offer for sale any sign, signal, marking, or other device intended to regulate, warn, or guide traffic upon the public roads of Georgia, unless it conforms with the uniform regulations promulgated under subsection (a) of this Code section. Any person, firm, corporation, or other entity who sells any sign, signal, marking, or other device intended to regulate, warn, or guide traffic upon the public roads of Georgia in violation of this section shall make restitution to the purchaser in an amount equal to the entire sum, plus interest, originally paid for the sign, signal, marking, or other device. Any person, firm, corporation, or other entity who knowingly sells any sign, signal, marking, or other device intended to regulate, warn, or guide traffic upon the public roads of Georgia in violation of subsection (a) of this Code section shall be guilty of a misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1981. GEORGIA PRIVATE DETECTIVE AND SECURITY AGENCIES ACT. No. 814 (Senate Bill No. 298). AN ACT To protect the citizens of this state through the regulation of private detectives and persons engaged in the private security business; to provide a short title; to declare a purpose; to define certain
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terms; to establish the Georgia Board of Private Detective and Security Agencies; to provide for the secretary of such board; to provide for appointments, expenses, and meetings of the members of such board; to provide for powers and duties of such board; to provide for licenses for persons engaged in or wishing to engage in the private detective or private security business; to provide for registration of employees in such businesses; to provide for temporary employees; to provide for bonds or financial net worth affidavits; to provide for license and registration fees, renewal, late fees, and reinstatement fees; to provide for qualifications; to provide for criminal identification through fingerprints; to provide permits for carrying weapons; to exclude the holders of such permits from certain provisions of Georgia law; to provide for arrest powers; to provide for denial, suspension, and revocation of licenses and registrations; to authorize injunctive relief; to provide for hearings and administrative procedures; to authorize the recommendation to the joint-secretary of the employment of personnel for enforcement of this Act; to provide for exceptions to the Act; to provide for severability; to provide a penalty for violations of this Act; to provide for severability; to provide for an effective date; to repeal specific Acts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short title; declaration of purpose. This Act shall be known and may be cited as the Georgia Private Detective and Security Agencies Act. This Act is enacted for the purpose of safeguarding the citizens of this state by regulation of the

private detective and private security businesses. The regulation of such businesses is hereby declared to be in the public interest, and this Act shall be liberally construed so as to accomplish the foregoing purpose. Section 2. Definitions. As used in this Act, unless the context otherwise requires, the term: (1) Board means the Georgia Board of Private Detective and Security Agencies, a state licensing and examining board. (2) Private detective business means engaging in the business of obtaining or furnishing, or accepting employment to obtain or to furnish, information with reference to:
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(A) Crimes or wrongs done or threatened against the United States of America or any state or territory thereof; (B) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person; (C) The location, disposition, or recovery of lost or stolen property; (D) The cause or responsibility for fires, libels, losses, accidents, damage, or injury to persons or property; (E) The securing of evidence in the course of the private detective business to be used before any court, board, officer, or investigating committee; or (F) The protection of individuals from serious bodily harm or death. (3) Private security business means engaging in the business of, or accepting employment to provide, any or all of the following: (A) Private patrol service; (B) Watchman service; (C) Guard service; or (D) Armored car service. (4) Person includes individuals, firms, associations, companies, partnerships, and corporations. (5) Joint-secretary means the joint-secretary of the state examining boards. Section 3. Board; composition; expenses; secretary; powers and duties. (a) There is hereby created a Georgia Board of Private Detective and Security Agencies. The board shall consist of seven
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members, each of whom shall be appointed by the Governor. The first appointees shall serve their terms as follows: two for two years, two for three years, and three for four years. Thereafter, each member shall serve for a term of four years. Four members shall be engaged in the contract private detective or private security business and shall have at least four years of experience in such business immediately preceding their appointment. Two members shall be engaged in state, county, or municipal law enforcement and shall have at least four years of experience in governmental law enforcement immediately preceding their appointment. One member shall be appointed from the public at large. At the first meeting of the board held each year, the members shall elect a chairman to serve for one year. A majority of the board members shall constitute a quorum for all board business. The Governor may remove any member of the board for neglect of duty, incompetence, or other unethical or dishonorable conduct. After such removal or after the creation of a vacancy due to death, resignation, or ineligibility, the Governor shall appoint a successor to serve the unexpired term. Appointees to the board shall, immediately after their appointment, take and subscribe to a written oath or affirmation required by law for all public officers. (b) The members of the board shall receive the same per diem allowance as that established by law for members of the General Assembly, which shall be paid only for days on which a member is in attendance at a meeting of the board, or in attendance to the official duties or business of the board, or in attendance at an annual state or national meeting pertaining to the profession regulated by this Act. Such members shall be reimbursed for actual transportation costs incurred in attendance at a meeting of the board in the amount of the least expensive tariff when traveled by a public carrier or an amount based on the mileage rate that is established by law for members of the General Assembly when traveling 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. (c) The joint-secretary shall be the secretary of the board and, in addition to his duties as prescribed in Code Chapter 84-1, as amended, shall perform such other administrative duties as may be prescribed by the board. All legal process and all documents required by law to be served upon or filed with the board shall be served upon or filed with the joint-secretary at his office in Atlanta, Georgia. All official records of the board, or affidavits by the joint-secretary as to
Page 1832
the content of such records, shall be prima-facie evidence of all matters required to be kept therein. (d) In addition to any authority otherwise granted by this Act, and subject to the provisions of laws relating to the joint-secretary, the board shall have the following powers and duties: (1) To determine the qualifications of applicants for licenses or registration under the provisions of this Act. (2) To investigate alleged violations of the provisions of this Act or any rules and regulations adopted by the board, including the power to conduct inspections of a licensee's employee lists and training records. (3) To promulgate all rules and regulations necessary to carry out the provisions of this Act. (4) To establish and enforce standards governing the conduct of persons licensed and registered under the provisions of this Act. (5) To

maintain in its name an action for injunctive or other appropriate legal or equitable relief to remedy violations of this Act. In pursuing equitable remedies, it shall not be necessary that the board allege or prove that it has no adequate remedy at law. It is hereby declared that violations of the provisions of this Act are a menace and a nuisance, dangerous to the public health, safety, and welfare. (6) To recommend to the joint-secretary the employment or appointment of such personnel, including, but not limited to, inspectors, as may be necessary to assist the board in exercising and performing any and all the powers, duties, and obligations set forth in this Act. (7) To require a licensee to maintain and keep such records as are subject to inspection under the provisions of this Act. (8) To establish and charge reasonable fees for the administration of applications, examinations, registration, and licensure and renewal of licenses with respect to private detectives and persons engaged in the private security business; provided, however,
Page 1833
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. (9) To issue, renew, deny, suspend, or revoke licenses consistent with the provisions of this Act. (10) To hold hearings on all matters properly brought before the board and, in connection therewith, to administer oaths, receive evidence, make the necessary determinations, and enter orders consistent with the findings. Section 4. Licensure and registration of persons practicing for one year on the effective date of this Act. (a) Notwithstanding any other provision of this Act, any individual, firm, association, company, partnership, or corporation which has engaged in the private detective or private security business for a period of at least one year prior to the effective date of this Act shall make a verified application in writing to the joint-secretary for a license. The application for a license shall be made under oath, on a form to be furnished by the joint-secretary. The application shall state the applicant's full name, age, date and place of birth, residences and employment within the past five years with the names and addresses of employers, his present occupation, the date and place of conviction or arrest for any crime, including the entry of a plea of nolo contendere or a plea entered pursuant to provisions of the Georgia First Offender Act (Ga. Laws 1968, p. 324, as now or hereafter amended) or other first offender treatment, and such additional information as the board may require. Each applicant shall submit with the application two complete sets of fingerprints on forms specified and furnished by the board and one photograph, two inches wide by three inches high, taken within six months prior to the application, unless such fingerprints and photographs were filed by June 30, 1980, pursuant to the Georgia Private Detective and Private Security Agencies Act, approved March 12, 1973 (Ga. Laws 1973, p. 40). If the applicant is a corporation, the above information shall be provided by the president or secretary of such corporation. If the applicant is a partnership, the above information shall be provided by each of the partners in such partnership. An applicant for licensure under this subsection shall submit satisfactory evidence to the board that such applicant has been actually engaged in the private detective or private security business for a period of at least one year prior to the effective date of this Act. Applicants desiring to receive a license under this subsection
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must submit the application, information, and evidence required by this subsection within 60 days from the effective date of this Act. Upon receiving the application, proof of bond (or financial statement as provided in Section 5), and the license fee as provided in Section 5 within the time period stated herein, the board may grant a license to such person to conduct said private detective business or private security business as stated in such application. Such licensure shall be for two years, subject to the provisions of Code Section 84-104, as now or hereafter amended, and application for renewal shall be on a form furnished by the joint-secretary. Renewal and penalty fees shall be those authorized by Section 5 of this Act. Immediately upon receipt of the license certificate issued by the board pursuant to this Act, the licensee shall post and at all times display such license in a conspicuous place at his place of business. A copy of the duplicate of the license certificate shall be conspicuously placed at each branch office. (b) Notwithstanding any other provision of this Act, any licensee-employer under this Act shall register with the board any individual employed by him in the private detective or private security business, including any individual employed solely on the premises of or in connection with the affairs of such employer, who has engaged in the private detective or private security business for at least one year prior to the effective date of this Act. Application for registration shall be made in writing, under oath, on a form to be furnished by the joint-secretary. The application shall state the applicant's full name, age, date and place of birth, residences and employment within the past five years with the names and addresses of employers, his present occupation, the date and place of conviction or arrest for any crime, including the entry of a plea of nolo contendere or a plea entered pursuant to the provisions of the Georgia First Offender Act (Ga. Laws 1968, p. 324, as now or hereafter amended) or other first offender treatment, and such additional information as the board may require. Each applicant shall submit with the application two complete sets of fingerprints on forms specified and furnished by the board and one photograph, two

inches wide by three inches high, taken within six months prior to the application, unless such fingerprints and photographs were on file on June 30, 1980, pursuant to the Georgia Private Detective and Private Security Agencies Act, approved March 12, 1973 (Ga. Laws 1973, p. 40). Satisfactory evidence that the prospective registrant has been actually employed in the private detective or private security business for a period of at least one year prior to the effective date of this Act shall
Page 1835
be submitted to the board. Employers desiring to register employees under this subsection must submit the application, information, and evidence required by this subsection within 60 days from the effective date of this Act. Upon receiving the application and a registration fee as provided in Section 6, the board may register such individual and so notify the employer. The employer shall notify the board within 20 days of the termination of employment of any registered employee. Such registration shall be for two years, subject to the provisions of Code Section 84-104, as now or hereafter amended, and application for renewal shall be made on a form furnished by the joint-secretary. Renewal and late renewal fees shall be those authorized by Section 6 of this Act. Upon receipt of a registration card issued by the board pursuant to this Act, the registrant shall maintain said card on his person at all times while on his post or at his place of employment and at all times when the registrant wears a uniform in the course of his employment in the private detective or private security business. Section 5. Licenses; application; qualifications; bond; fees; display. (a) Except as provided in Section 4, any individual, firm, association, company, partnership, or corporation desiring to engage in the private detective or private security business in this state shall make a verified application in writing to the joint-secretary for a license therefor. (b) Upon being satisfied, after investigation, of the good character, competency, and integrity of an applicant for licensure under this Act, or, if the applicant is a firm, association, company, partnership, or corporation, upon being satisfied of the good character, competency, and integrity of the president or secretary of such corporation or member of such firm, association, or partnership, the board may grant a license to conduct a private detective or private security business to such individual, firm, association, company, partnership, or corporation if: (1) The applicant is at least 18 years of age. (2) The applicant is a citizen of the United States or a registered resident alien. (3) The applicant is of good moral character. (4) The applicant has not been convicted of a felony or any crime involving the illegal use, carrying, or possession of a dangerous
Page 1836
weapon or any crime involving moral turpitude; provided, however, that, if the applicant has been convicted of such crime, or has entered a plea of nolo contendere, or has entered a plea pursuant to provisions of the Georgia First Offender Act (Ga. Laws 1968, p. 324, as now or hereafter amended), or otherwise been granted first offender treatment, the board may inquire into the nature of the crime, the date of conviction or plea, and other underlying facts and circumstances surrounding such criminal proceedings and, in its discretion, may grant a license to such applicant. (5) The applicant has not committed an act constituting dishonesty or fraud. (6) The applicant has satisfied the board that his private detective or private security business has a competent training officer and adequate training program with a curriculum approved by the board or that adequate training will be obtained from such other source as the board may approve. (7) The applicant has had at least two years of experience as a private detective with a licensed detective agency, or two years of experience as a supervisor or administrator in in-house security or with a licensed private security agency, or at least two years of experience as a member of the Federal Bureau of Investigation or as a member of any federal, state, county, or municipal police department, or, in lieu thereof, that the applicant has met such other requirements as the board may prescribe by rule. If the applicant is a firm, association, company, partnership, or corporation, the person filing the application on behalf of such firm, association, company, partnership, or corporation shall be the president or secretary of such corporation or a member of such firm, association, or partnership; and such individual shall meet the qualifications set out herein. (8) The applicant meets such other qualifications as the board may prescribe by rule. (c) The application for a license shall be made in writing, under oath, on a form to be furnished by the joint-secretary. The application shall state the applicant's full name, age, date and place of birth, residences and employment within the past five years with the names
Page 1837
and addresses of employers, his present occupation, date and place of conviction or arrest for any crime, including the plea of nolo contendere or a plea entered pursuant to provisions of the Georgia First Offender Act (Ga. Laws 1968, p. 324, as now or hereafter amended) or other first offender treatment, and such additional information as the board may require

to investigate the qualifications, character, competency, and integrity of the applicant. Each applicant shall submit with the application two complete sets of fingerprints on forms specified and furnished by the board and one photograph, two inches wide by three inches high, full face, taken within six months prior to the application; provided, however, that the board may waive the submission of fingerprints and photograph for any employee who has been employed by a person licensed under this Act within the previous 12 months. The application shall contain such additional documentation as the board may prescribe by rule. The board shall have the discretion to deny a license to an applicant who fails to provide the information and supporting documentation required by this subsection. (d) (1) In addition to the requirements enumerated in this section, each applicant for a license under this Act shall provide satisfactory evidence to the board that the prospective licensee has posted or has made provision for the posting of a bond. The required bond shall be executed in favor of the state, in the amount of $25,000.00, with a surety company authorized to do business in this state and conditioned to pay damages not to exceed the amount of such bond to any person aggrieved by any act of the principal named in such bond, which act is in violation of the provisions of this Act and would be grounds for denial, suspension, or revocation of a license under Section 9 of this Act. Immediately upon the granting of a license, such bond shall be filed with the joint-secretary by said licensee and shall be approved by the joint-secretary as to form and as to the solvency of the surety. The prospective licensee may file the required bond with the joint-secretary prior to the granting of a license for the joint-secretary's approval as heretofore mentioned. No licensee shall cancel, or cause to be cancelled, a bond issued pursuant to this section unless the board is so informed in writing by certified mail at least 30 days prior to the proposed cancellation. In lieu of the required bond, the prospective licensee may submit a net worth affidavit prepared using standard accounting procedures which indicates that the prospective licensee has a net worth of more than $50,000.00. The board, in its discretion, may accept a
Page 1838
financial affidavit in lieu of the bond required by this subsection. In the case of partnerships, said net worth affidavit shall be submitted by the partnership, and each individual partner, showing that the partnership, and the individual partners combined, have a net worth of more than $50,000.00. The board, in its discretion, may require licensees under this section to submit periodic financial updates to insure continued financial responsibility. If the surety or licensee fails to submit, within ten days of the effective date of cancellation, a new bond, or a net worth statement as outlined herein, the board shall have the authority to revoke any license issued under this Act. (2) Whenever any person shall file an action in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this Act, such person, in order to secure his recovery, may give notice to the joint secretary of such alleged liability and of the amount of damages claimed, after which notice to the joint secretary shall be bound to retain, subject to the order of the court in which the action is pending, a sufficient amount of the proceeds of the bond of the applicant to pay the judgment in said action. (3) In the event that a judgment is rendered against the applicant in an action in which it is determined that the applicant is liable for damages under this Act, and the applicant has not paid such judgment within ten days of the date such judgment became final, then said person may petition the court for an order directing the joint secretary to liquidate the bond or a portion thereof sufficient to pay such judgment to the extent the judgment may be satisfied with the proceeds of the bond. (e) Licenses issued pursuant to this section shall be for two years, subject to the provisions of Code Section 84-104, as now or hereafter amended, and application for renewal shall be made on a form furnished by the jointsecretary. License fees, renewal fees, late renewal fees, and reinstatement fees and the form of payment thereof shall be established by appropriate rule of the board. (f) Immediately upon receipt of a license certificate issued by the board pursuant to this Act, the licensee shall post and at all times display such license in a conspicuous place at his place of business. A copy of the duplicate of the license certificate shall be conspicuously posted at each branch office.
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Section 6. Registration of employees; application; qualifications; fees. (a) Any licensee may employ as many agents, operators, assistants, guards, watchmen, or patrolmen as he deems necessary for the conduct of his business, provided that such employees meet the requirements and qualifications for registration under this Act. (b) Except as provided in Section 4, within 30 days of hiring such agents, operators, assistants, guards, watchmen, or patrolmen, the licensee shall make application to register such employees with the board. (c) Upon being satisfied, after investigation, of the employee's character, competency, and eligibility for registration, the board may register such employee if: (1) The employee is at least 18 years of age; (2) The employee is a citizen of the United States or a registered resident alien; (3) The employee is of good moral character; (4) The employee has not been convicted of a felony or any crime involving the illegal use, carrying, or possession of a dangerous weapon or any crime involving moral turpitude; provided, however, that, if the employee has been convicted of such crime, or has entered a plea of nolo contendere to such crime,

or has entered a plea pursuant to the Georgia First Offender Act (Ga. Laws 1968, p. 324, as now or hereafter amended), or otherwise been granted first offender treatment, the board may inquire into the nature of the crime, the date of conviction or plea, and other underlying facts and circumstances surrounding such criminal proceedings and, in its discretion, may allow the employee to be registered; (5) The employee has not committed an act constituting dishonesty or fraud; and (6) The employee meets such other qualifications as the board may prescribe by rule. (d) The application for registration shall be made in writing, under oath, on a form to be furnished by the joint-secretary. The
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application shall state the employee's full name, age, date and place of birth, residences and employment within the past five years, experience in the position applied for or held, the date and place of conviction or arrest for any crime, including the entry of a plea of nolo contendere or the entry of a plea entered pursuant to provisions of the Georgia First Offender Act (Ga. Laws 1968, p. 324, as now or hereafter amended), or other first offender treatment, and such other information as the board may require to investigate properly the character, competency, and integrity of the employee. The application for registration shall be accompanied by two sets of fingerprints of the employee and one photograph of the employee, two inches wide by three inches high, full face, taken within six months prior to the application. The board shall have discretion to deny registration to any individual when the information and supporting documentation required by this subsection is not provided. (e) Upon granting an application for registration, the board shall so notify the employer-licensee. The employer-licensee shall notify the board within 30 days of the termination of employment of any registered employees. (f) Registrations pursuant to this section shall be for two years, subject to the provisions of Code Section 84-104, as now or hereafter amended, and application for renewal shall be made on a form furnished by the jointsecretary. Registration fees, renewal fees, late renewal fees, and reinstatement fees and the form of payment thereof shall be established by appropriate rule of the board. Upon receipt of a registration card issued by the board pursuant to this Act, the registrant shall maintain said card on his person at all times while on his post or at his place of employment and at all times when the registrant wears a uniform in the course of his employment in the private detective or private security business. Section 7. Expiration of licenses and registrations; refund of fees. Licenses and registrations shall become invalid on the date of expiration but shall be subject to reinstatement upon payment of all fees due within 90 days of the date of expiration. Any license which has expired for more than 90 days shall not be renewed, and a new application shall be required. The board shall have the authority to refund fees upon proper cause, to be determined on a case-by-case basis, in the board's discretion.
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Section 7A. Temporary employees. Notwithstanding any other provisions of this Act, any person or corporation may use temporary employees for special events, without making application or paying any fee for said temporary employee, provided such temporary employment does not exceed 30 days in a calendar year and such employee does not carry firearms in connection with said employment; provided, however, that the names, addresses, and birth dates of such temporary employees, along with the identity and date of the special event for which they are to be employed shall be furnished to the board, or its designated representative, at least three days prior to the commencement of such special event. Section 8. Fingerprints; criminal identification. (a) The board shall forward the two sets of fingerprints received from each prospective licensee and registrant to the Georgia Crime Information Center of the Georgia Bureau of Investigation for the purpose of criminal identification through the fingerprint system of identification established by said bureau and the fingerprint system of investigation established by the Federal Bureau of Investigation. (b) It shall be the duty of the joint-secretary to keep a record of all information received from the Georgia Bureau of Investigation and the Federal Bureau of Investigation with respect to criminal identification and to cooperate with the Georgia Bureau of Investigation, similar departments in other states, and the United States Department of Justice in any criminal identification system. (c) At such times as the board may require, fingerprint cards of licensees and registrants may be periodically reprocessed to identify criminal convictions subsequent to licensure or registration. Section 9. Denial or sanction of licenses and registrations; hearings. (a) The board shall have the power, after notice and hearing conducted pursuant to the Georgia Administrative Procedure Act, to deny an application for licensure or registration or to sanction any license or registration issued pursuant to this Act if it determines that the applicant, licensee, or registrant has: (1) Made any false statement or given any false information in connection with an application for license or registration, including an application for renewal or reinstatement thereof.
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(2) Knowingly violated any provision of this Act or violated any rule or regulation promulgated by the board pursuant to the authority contained in this Act. (3) Been convicted of a felony, or any crime involving the illegal use, carrying, or possession of a dangerous weapon, or any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. Felony, as used in this subsection, shall include any offense which if committed in this state would be deemed a felony, without regard to its designation elsewhere. For purposes of this subsection, a conviction shall be deemed to include a finding or verdict of guilty or plea of guilty, regardless of whether an apeal of the conviction has been sought. (4) Been arrested, charged, and sentenced for the commission of a felony, any crime involving the illegal use, carrying, or possession of a dangerous weapon, or any crime involving moral turpitude, where: (A) A plea of nolo contendere was entered to the charge; or (B) First offender treatment was granted without adjudication of guilt pursuant to the charge; or (C) An adjudication or sentence was otherwise with-held or not entered on the charge. The plea of nolo contendere, or the order entered pursuant to the provisions of the Georgia First Offender Act (Ga. Laws 1968, p. 324, as now or hereafter amended), or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime. (5) Become unable to engage in the private detective or private security business with reasonable skill and safety to the public by reason of illness; use of alcohol, drugs, narcotics, chemicals, or any other type of material; or as a result of any mental or physical condition. The board may, however, after investigation of the circumstances surrounding each application, approve for licensure and registration those individuals who produce certified medical evidence of having been successfully treated and cured of alcoholism, drug addiction, or mental illness.
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(6) Committed any act in the practice of the private detective or private security business constituting dishonesty or fraud. (7) Impersonated or permitted or aided and abetted any other person to impersonate a law enforcement officer or employee of the United States or of this state or of any political subdivision thereof in the practice of the private detective or private security business. (8) Engaged in, or permitted any employee to engage in, the private detective or private security business without a valid license or registration issued under the provisions of this Act. (9) Willfully failed or refused to render a service or to tender a report to a client, in connection with the private detective or private security business, as agreed between the parties and for which compensation was paid or tendered in accordance with the agreement of the parties. (10) Committed a felony, any crime involving the illegal use, carrying, or possession of a dangerous weapon, or any crime involving moral turpitude. (11) Knowingly violated, or advised, encouraged, or assisted in the violation of, any court order or injunction in the course of the private detective or private security business or knowingly advised, encouraged, or assisted in the violation of any lawful order issued by the board. (12) Failed to renew a cancelled bond, in accordance with Section 5 of this Act, or failed to supply the financial affidavit required in lieu thereof. (13) Undertaken to give legal advice or counsel; misrepresented that he is representing an attorney or is appearing or will appear in any legal proceeding; issued, delivered, or uttered any simulation of process of any nature which might lead a person or persons to believe that such simulation, whether written, printed, or typed, may be a summons, warrant, writ, or other court process or pleading in any court proceeding. (14) Failed to demonstrate the qualifications or standards for licensure or registration contained in this Act or in the rules and
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regulations of the board. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all the requirements for licensure or registration; and, if the board is not satisfied as to the applicant's qualifications, it shall have the power to deny such licensure or registration. (b) If, after notice and hearing, the board finds that any applicant for licensure or any prospective registrant is unqualified to be granted such license or to be registered, or that the license or registration should be revoked or otherwise sanctioned, the board may take any one or more of the following actions: (1) Deny the application for licensure or registration; (2) Administer a public reprimand; (3) Suspend any license or registration for a definite period of time; (4) Limit or restrict any license or registration for a definite period of time; (5) Revoke a license or registration; or (6) Revoke or suspend a license or registration, but place such license or registration on probation for a definite period of time, and impose such conditions of probation as will adequately protect the public during said period. In its discretion, the board may restore or reinstate a license or registration which has been sanctioned and, in conjunction therewith, may impose any disciplinary or corrective action provided for in this Act. (c) Initial judicial review of a final decision of the board shall be had solely in the Superior Court of Fulton County. Section 10. Permits to carry firearms; fees; training; exemptions; denials; sanctions. (a) The board may grant to any person licensed or registered in accordance with the provisions of this Act, who meets the qualifications and training requirements set forth in this section and such other qualifications and training requirements as the board by rule may

establish, a permit to carry a pistol, revolver,
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or other firearm. The board shall have the authority to establish limits on type and caliber of such weapons by rule. Application for such permit shall be made on forms provided by the joint-secretary. The permit fee shall be a biennial fee established by appropriate rule of the board. Renewal fees, late renewal fees, and reinstatement fees and the form of payment thereof shall be established by appropriate rule of the board. Applications for renewal shall be made on a form furnished by the joint-secretary. No weapons permit issued under this section shall be transferable to another individual. (b) No permit under this section shall be issued or renewed until the applicant has presented proof to the board that he is proficient in the use of firearms. The board shall have the authority to require periodic recertification of proficiency in the use of firearms and to refuse to renew a permit upon failure to comply with such requirement. The applicant shall present proof to the board that: (1) He has demonstrated on the firearms range the proficient use of firearms by meeting such minimum qualifications on pistol and shotgun (if so armed) courses as the board may prescribe by rule; and (2) He has received such other training and instruction in the use of firearms as the board may require by rule. (c) All licensees and registrants under this Act shall be required to obtain from the board a weapons permit under the provisions of this section if a firearm is carried, or is to be carried, by such licensee or registrant while at or en route directly to and from his post or place of employment. (d) Any licensee or registrant under this Act meeting the qualifications and training requirements set out in this section may be issued an exposed weapons permit in accordance with this section and shall be authorized to carry such firearm in an open and fully exposed manner. Such carrying of a firearm shall be limited to the time the licensee or registrant is on duty or en route directly to and from his post or place of employment. No stopover en route to and from such post or place of employment is permitted under the terms of this section. (e) Licensees or registrants under this Act may apply to the board for a concealed weapons permit. Application and renewal
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procedures, fees, penalties, qualifications, training, and restrictions for such permits shall be those established by appropriate rule of the board. The board shall consider and approve each application for a concealed weapons permit on an individual basis, in its discretion. (f) An individual issued a permit in accordance with the provisions of this section shall be exempt from the following provisions of Georgia law: Code Section 26-2901, relating to carrying a concealed weapon; Code Section 26-2902, relating to carrying deadly weapons at public gatherings; Code Section 26-2903, relating to carrying a pistol without a license; and Code Section 26-2904, relating to license to carry pistol or revolver, as such Code sections are now or hereafter amended. (g) The board shall have the power to deny a weapons permit to any applicant who fails to provide the information and supporting documentation required by this section or to refuse to renew a permit upon failure to comply with such weapons proficiency recertification requirements as the board may prescribe. (h) The board shall have the authority to order the summary suspension of any weapons permit issued under this section, pending proceedings for revocation or other sanction, upon finding that the public health, safety, or welfare imperatively requires such emergency action, and incorporating such a finding in its order. (i) The board shall have the same power and authority to deny and sanction weapons permits under this section as that enumerated in Section 9 of this Act, based upon the same grounds as those enumerated therein. Section 11. Arrest powers. Licensees or registrants under this Act shall have the same power of arrest as that granted to a private person by Code Section 27-211. A licensee or registrant may arrest an offender for a misdemeanor or felony offense committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a licensee or registrant under this Act may arrest such offender upon probable cause. Section 12. Exceptions. (a) This Act shall not apply to:
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(1) An officer or employee of the United States of America, or of this state or a political subdivision thereof while the employee or officer is engaged in the performance of official duties; (2) A person or firm engaged as a consumer reporting agency, as defined by the Federal Fair Credit Reporting Act; (3) An attorney-at-law or a bona fide legal assistant in performing his or her duties; (4) Admitted insurers, agents, and insurance brokers licensed by the state performing duties in connection with insurance transacted by them; (5) A peace officer employed on a full-time basis by a state, county, or local law enforcement agency who contracts directly with an employer to work during his off-duty hours and whose off-duty employment is conducted on an independent contractor basis with an employer other than a peace officer engaged in the private detective or private security business or a private detective or private security agency, subject to the provisions of Code Section 26-2303, relating to state officers or employees receiving funds for enforcement

of penal laws, as now or hereafter amended; or (6) A firm or its employees engaged in the business of independent insurance claims adjusting whose employees hold a valid Georgia adjuster's license. (7) The provisions of this Act does not apply to any person covered under the peace officers standards and training act as stipulated in Code Section 92-A2102. (b) The provisions of this Act shall not prevent the local authorities of any city or county, by ordinance and within the exercise of the police power of such city or county, from imposing local regulations upon any street patrol, special officer, or person furnishing street patrol service, including registration with an agency to be designated by such city or county. (c) The provisions of this Act shall not apply to a person or corporation which employs persons who do private security work in
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connection with the affairs of such employer only and who have an employer-employee relationship with such employer. Neither such persons or corporations nor their employees shall be required to register or be licensed under this Act. Such persons or corporations or their employees may elect to be licensed under this Act. Section 13. Hearings. All hearings required to be conducted by the board shall be conducted in accordance with the provisions of the Georgia Administrative Procedure Act, and all rules and regulations of the board shall be adopted and promulgated in accordance with the provisions of said Act. Section 14. Application of Act. No individual, firm, association, company, partnership, or corporation shall engage in any activity covered by the provisions of this Act unless such individual, firm, association, company, partnership, or corporation is in compliance with the provisions of this Act. Section 15. Criminal 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. Section 16. 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 orginally 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 17. Specific repeal. An Act known as the Georgia Private Detective and Private Security Agencies Act, approved March 12, 1973 (Ga. Laws 1973, p. 40), as amended, is hereby repealed in its entirety. Section 18. Effective date. The provisions of this Act shall become effective July 1, 1981.
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Section 19. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1981. GEORGIA BIRD DAY AND WILDFLOWER WEEK DESIGNATED. No. 82 (House Resolution No. 115). A RESOLUTION Designating the second Thursday in October of each year as Bird Day in Georgia; and designating the fourth week in the month of March of each year as Wildflower Week; and for other purposes. WHEREAS, the native birds of Georgia help keep the ecological balance of our state in tune with nature and aid the economy of the state by destroying millions of insects each year; and WHEREAS, Georgia's birds add an aesthetic value to the state beyond monetary value and bring joy to citizens of all ages; and WHEREAS, garden clubs throughout Georgia strive to increase public awareness of the worth of our feathered friends, thereby increasing public concern for our endangered species; and WHEREAS, the wildflower is one of Georgia's most beautiful natural resources, providing a constant source of aesthetic enjoyment to citizens and visitors alike; and WHEREAS, the economic value of wildflowers in preventing erosion and enriching soil, in providing food and cover for wildlife, and in attracting tourists to our state, is incalcuable; and WHEREAS, Georgia's early inhabitants depended on wildflowers for food and drink, tonics, dyes, and medicines; and even today many
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Georgians utilize these plants in much the same way as our fore-fathers; and WHEREAS, rapid increase in population and associated demand for altered land have greatly endangered many of our most beautiful wildflowers; and WHEREAS, members of the garden clubs, environmentalists, conservation groups, professional botanists, and enthusiasts are providing a valuable service to our state by their constant vigilance to assure future generations the same privilege of experiencing the beauty of native wildflowers that today's Georgians enjoy; and WHEREAS, it is important that all Georgians become aware of the need for protecting our wildflowers in their native environment. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the second Thursday in October of each year, beginning with Thursday, October 8, 1981, and thereafter, is hereby declared to be Bird Day in Georgia. BE IT

FURTHER RESOLVED that the fourth week in the month of March of each year, beginning with March 22 through March 28, 1981, is hereby declared to be Wildflower Week in Georgia. Approved April 17, 1981. GEORGIA COMMISSION ON WOMEN'S OPPORTUNITIES. No. 83 (House Resolution No. 227). A RESOLUTION Creating the Georgia Commission on Women's Opportunities; and for other purposes.
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WHEREAS, the concept of equal opportunities for all has been central to the development and tremendous expansion of our economy at every governmental level; and WHEREAS, the significant role of women in economic life is keenly demonstrated by the dramatic increase in the number of single and married women who have steadily entered the labor force in industry, business, personal services, the professions, and the diverse areas of governmental and public service and by the significant increase in the length of the average work life of women; and WHEREAS, experience indicates that action taken to improve the general, legal, and social status of any minority group tends to facilitate its integration in economic life and thus improve the full and effective participation of such individuals in all aspects of their economic, political, and social development; and WHEREAS, most people today would not challenge women's claim to the right of access to vocational, technical, and professional training at all levels; the right of access to economic life without discrimination and to advancement in work life on the basis of qualification and merit; or the right to equal treatment in employment, including equal pay; and WHEREAS, a critical problem is how to make these economic rights fully effective and how to transform them into practical opportunities; and WHEREAS, a study is needed of Georgia statutes and regulations as well as of the formal and informal practices of the agencies and institutions of state government to determine whether any distinction, exclusion, or preference is made on the basis of sex which has the effect of nullifying or impairing equality of opportunities or treatment in employment or occupation and to determine when, in keeping with sound social policy, such statutes, regulations, or practices should be resolved or terminated. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. There is hereby created the Georgia Commission on Women's Opportunities. The commission shall be composed of 15 members as follows:
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(1) Five members of the Senate to be appointed by President of the Senate; (2) Five members of the House of Representatives to be appointed by the Speaker of the House of Representatives; and (3) Five members appointed by the Governor. The Governor's appointees shall not be officers or employees of state government but shall be citizens representing diverse business, professional, and service fields within the private sector. Section 2. The commission shall conduct a comprehensive study of Georgia statutes and regulations, including the formal and informal practices of agencies and institutions of state government, to determine whether any distinction, exclusion, or preference is made on the basis of sex which has the effect of nullifying or impairing equal opportunity or treatment in employment or occupation and to determine when, in keeping with sound social policy, such statutes, regulations, or practices should be resolved or terminated. Provided, however, the commission shall make no recommendation as to merits of the proposed Equal Rights Amendment to the United States Constitution. Section 3. The first meeting of the commission shall be called by the Governor for June 15, 1981. At this meeting the commission shall organize and elect a chairman and such other officers from among its membership as are deemed necessary. Section 4. The commission may request and, upon such request, shall be afforded the assistance and cooperation of the various agencies and institutions of state government. Section 5. All members of the commission shall receive the allowances authorized by law for legislative members of interim legislative committees but shall not meet for more than ten days in any calendar year. The allowances and all other funds necessary to carry out the provisions of this resolution shall come from funds appropriated to or otherwise available to the legislative branch of government. Section 6. The commission shall make a comprehensive report of its findings, recommendations, and suggestions to the Governor and all members of the General Assembly prior to the 1983 session of
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the General Assembly and shall stand abolished on December 31, 1982. 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 law. Approved April 17, 1981. SHERIFFS' RETIREMENT FUND OF GEORGIA ACT AMENDED. No. 815 (House Bill No. 249). 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, p. 1668), an Act approved April 3, 1978 (Ga. Laws 1978, p. 1690), an Act approved April 13, 1979 (Ga. Laws 1979, p. 994), an Act approved March 20, 1980 (Ga. Laws 1980, p. 461), and an Act approved March 20, 1980 (Ga. Laws 1980, p. 768), so as to provide that death benefits shall be paid in the form of an annuity for the remaining life of surviving spouse of an active
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member sheriff upon his death; to provide that such death benefits shall be paid upon the death of any active member sheriff even though such active member sheriff may not be qualified to receive retirement benefits; to provide that such death benefits shall be paid in the form of an annuity of the remaining life of the surviving spouse of the active member sheriff who dies computed and based upon the creditable service which such active member sheriff has at the time of his death; to provide that such death benefits paid in the form of an annuity shall be paid to the surviving spouse in life at the time of the death of an active member who is not already receiving retirement benefit or to the surviving spouse of a member who is in life at the time such member was eligible for and approved for retirement benefits in the case of the death of a member already receiving retirement benefits; to provide that such death benefits in the form of annuity shall be paid to the surviving spouse for only so long as she remains the widow of such member; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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, p. 1668), an Act approved April 3, 1978 (Ga. Laws 1978, p. 1690), an Act approved April 13, 1979 (Ga. Laws 1979, p. 994), an Act approved March 20, 1980 (Ga. Laws 1980, p. 461), and an Act approved March 20, 1980 (Ga. Laws 1980 p. 768), is hereby amended by striking in its entirety subsection (d) of Section 18 and substituting in lieu thereof a new subsection (d) to read as follows: (d) Under either Option 2 or 3 above, in the event the spouse of a retired member who is receiving retirement benefits, predeceases a
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member, no subsequent spouse of such member shall be entitled to monthly retirement benefits. It is the intent of this Section to limit retirement benefits in monthly payments under Options 2 and 3, in the event of any such retired members death, to the spouse of any such member who is in life at the time such member is eligible for and is approved for retired benefits. Benefits payable to the spouse of a deceased member shall be payable for only so long as such spouse remains the widow such deceased member and should such spouse remarry, any benefits payable to such spouse shall cease and terminate as of the date of such remarriage. Section 2. Said Act is further amended by striking the language of subsection (d) of Section 19 of said Act as the same now reads and inserting in lieu thereof a new subsection (d) of Section 19, to read as follows, to-wit: (d) In addition to benefits provided in subsection (b) of this Section, but in lieu of the benefits provided in subsection (a), upon the death of an active member of this Fund before or after the retirement of such member, there shall be extended death benefits to the surviving spouse of such member in the form of annuity for the remaining life of such spouse determined and paid to such surviving spouse under Option 2 of subsection (b), subsection (d) and subsection (e) of Section 18 of this Act to the same extent as if such member had become deceased while receiving retirement benefits under Option 2, and in the case of the death of an active member who is not already receiving retirement benefits, such annuity shall be determined and based upon the period of creditable service which such member has at the time of his death. 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 22, 1981.

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EMPLOYEES' RETIREMENT SYSTEM ACT AMENDEDCREDIT FOR SERVICE IN GENERAL ASSEMBLY. No. 816 (Senate Bill No. 108). AN ACT To amend an Act establishing the Employees' Retirement System, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, particularly by an Act approved March 8, 1968 (Ga. Laws 1968, p. 199), so as to provide that any member who was an employee of a State department as reflected in the State Auditor's Report for the Fiscal Year ending June 30, 1970, who was a member of the General Assembly between January 1, 1954, and January 1, 1967, may receive membership service credit for same, provided he meets certain conditions; 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, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, particularly by an Act approved March 8, 1968 (Ga. Laws 1968, p. 199), is hereby amended by striking from subsection (17) of Section 4 the following: Fiscal Year ending June 30, 1967, and inserting in lieu thereof the following: Fiscal Years ending June 30, 1967, or June 30, 1970, and by striking from said subsection the following: within a twentyfour month period from the effective date of this subsection, and inserting in lieu thereof the following: by January 1, 1982, and by adding at the end of said subsection the following sentence:
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The provisions of this subsection shall be applicable for the establishment of service credit under subsection (8) of Section 19 of this Act. so that when so amended subsection (17) of Section 4 of said Act shall read as follows: (17) Any member who was an employee of a State department as reflected in the State Auditor's Report for the Fiscal Years ending June 30, 1967, or June 30, 1970, who was a member of the General Assembly between January 1, 1954, and January 1, 1967, may receive membership service credit for same, provided he makes a contribution of six percent (6%) of his annual base pay and allowances received during such period of time as a member of the General Assembly, provided, however, such contributions must be made by January 1, 1982; provided, further, that in no case shall more than one year of service be creditable for all services in a calendar year. Upon payment of such contributions as provided for above, such member shall be eligible for any prior service allowable under this Act. The provisions of this subsection shall be applicable for the establishment of service credit under subsection (8) of Section 19 of this Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 22, 1981. GEORGIA PUBLIC REVENUE CODE AMENDED. Code Title 91A Amended. No. 817 (House Bill No. 3). AN ACT To revise, modernize, and update certain revenue laws and laws relating to the raising and expenditure of public revenues in this
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State; to provide legislative intent; to amend Code Title 91A, known as the Georgia Public Revenue Code, so as to update a reference to the Internal Revenue Code of 1954; to change the residency period required of the State Revenue Commissioner; to provide that certain requirements of confidentiality shall not be applicable with respect to the road tax on motor carriers; to specify penalties for failure to pay ad valorem taxes when due; to adjust certain provisions relating to mailing of notices of tax assessments; to provide for tolling of certain periods of limitations under certain circumstances; to clarify the meaning of certain terms used in provisions making taxes a personal debt; to incorporate certain laws inadvertently omitted from the Code; to clarify certain provisions relating to ad valorem tax appeals; to correct a reference to the rate of interest to be charged on delinquent taxes in certain counties; to include within the Code certain provisions relating to homestead exemptions which were inadvertently omitted; to change provisions relating to appeal of denial of homestead exemption; to incorporate certain provisions relating to homestead exemptions for disabled veterans and for educational purposes in line with the constitutional amendments recently ratified; to provide for a clarification with respect to collection of attorney's fees on tax executions; to change certain provisions relating to qualifications of tax appraisers; to change the definition of railroad equipment company; to provide for central collection of taxes on railroad equipment companies by the State Revenue Commissioner; to repeal provisions relating to taxation of nonresident sleeping car companies; to change certain provisions relating to tax deferrals for the elderly; to clarify certain provisions relating to recording taxes; to provide for the exclusion of certain retirement income of certain taxpayers; to change the standard deduction allowed certain taxpayers; to provide for enforcement of an employer's liability for income tax withheld; to authorize special accounting for withheld income taxes; to clarify employee's liability for withheld taxes; to specify a bracket system for the collection of State and local sales and use taxes; to strike certain limitations on the delivery of motor fuel; to change certain definitions applicable with respect to road tax; to adjust certain fees for motor carrier registration; to prohibit obstruction of levying officers; to provide for editorial revision; to provide for other

matters relative to the foregoing; to repeal certain laws; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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Section 1. 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 and Act No. 682 of the 1980 regular session of the General Assembly. It is recognized that, with any recodification encompassing the scope of Title 91A, 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 1981 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 91A, known as the Georgia Public Revenue Code, is hereby amended by striking from subsection (o) of Code Section 91A-102, relating to the definition of the term Internal Revenue Code for purposes of the Public Revenue Code, wherever the same shall appear, the following: 1980, and substituting in lieu thereof the following: 1981, so that when so amended subsection (o) of Code Section 91A-102 shall read as follows: (o) `Internal Revenue Code' or `Internal Revenue Code of 1954' means the United States Internal Revenue Code of 1954 as it existed on January 1, 1981. In the event a reference is made in this Title to the Internal Revenue Code as it existed on a specific date prior to January 1, 1981, the term shall mean the Internal Revenue Code as it existed on such prior date. Unless otherwise provided in this Title,
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any term used in this Title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1954 in force and effect on January 1, 1981. Section 3. Said Code Title is further amended by striking in its entirety subsection (a) of Code Section 91A-203, relating to eligibility for office of State Revenue Commissioner, which reads as follows: (a) Only a person who is, at the time of his appointment, and has been for the immediately preceding 10 years, a bona fide resident of this State shall be eligible for appointment to the office of Commissioner. Section 4. Said Code Title is further amended by inserting in paragraph (5) of subsection (b) of Code Section 91A-212, relating to confidentiality requirements, after the word distributor and before the symbol ., the following: or under Code Chapter 91A-51, relating to road tax on motor carriers, so that when so amended subsection (b) of Code Section 91A-212 shall read as follows: (b) The provisions of this Section shall not: (1) Be construed to prevent the use of confidential information as evidence before any State or federal court in the event of litigation involving tax liability of any taxpayer. (2) Be deemed to prevent the publication of statistics so arranged as not to reveal information respecting an individual taxpayer. (3) Apply in any sense whatsoever to any official finding of the Commissioner with respect to any assessment or any information properly entered upon an assessment roll or other public record. (4) Affect any information which in the regular course of business is by law made the subject matter of a public document in any federal or State office or in any local office in Georgia.
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(5) Apply to information, records, and reports required and obtained under Chapter 91A-50, which requires distributors in motor fuels to make reports of the amount of motor fuel sold and used in each county by the distributor or under Code Chapter 91A-51, relating to road tax on motor carriers. Section 5. Said Code Title is further amended by striking in its entirety Code Section 91A-239.1, relating to penalty and interest, and substituting in lieu thereof a new Code Section 91A-239.1 to read as follows: 91A-239.1. Penalty and interest on failure to file return, pay tax, or pay revenue held in trust for the State. (a) 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. (b) In any instance in which any person willfully fails on or after July 1, 1981, to pay within 90 days of the date when due any ad

valorem tax, except where the tax is $500 or less on homestead property as defined in Code Chapter 91A-11, owed the State or any local government, he shall pay, in the absence of a specific statutory civil penalty for the failure, a penalty of 10 percent of the amount of tax due and not paid on or before the time prescribed by law, together with interest as specified by law. Any city or county under a statute or constitutional amendment now receiving greater than 10 percent is authorized to continue to receive that amount. Section 6. Said Code Title is further amended by striking from paragraph (2) of subsection (b) of Code Section 91A-240, relating to notice of tax assessments, the following: $250, and substituting in lieu thereof the following: $600,
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so that when so amended paragraph (2) of subsection (b) of Code Section 91A-240 shall read as follows: (2) If the total amount of the assessment does not exceed $600, the notice shall be sufficiently served upon the person assessed if it is mailed by first class mail to such person at his address as shown on the records of the Department. Each such notice shall be mailed in an envelope instructing return thereof in 10 days if not delivered and shall be sufficiently served if it is not returned within the 10 day period. Section 7. Said Code Title is further amended by inserting in Code Section 91A241, relating to protests of assessments, between the second and third sentences thereof, the following: The filing of a petition for redetermination of a deficiency under this Section or a written request by the taxpayer for additional time for filing of such a petition shall toll the period of limitations for making an assessment until the petition is denied by the Commissioner or the request is withdrawn in writing by the taxpayer., so that when so amended Code Section 91A-241 shall read as follows: 91A-241. Protests; requisites; procedure. Any taxpayer may contest any assessment or license made or determined by the Commissioner by filing with the Commissioner a written protest at any time within 30 days from the date of notice of the assessment or license. All protests shall be prepared in the form and contain such information as the Commissioner shall reasonably require and shall include in any case a summary statement of the grounds upon which the taxpayer relies and his reasons for disputing the finding of the Commissioner. The filing of a written protest, a petition for redetermination of a deficiency, or a written request by the taxpayer for additional time for filing of such a petition shall toll the period of limitations for making an assessment until the petition is denied by the Commissioner or the request is withdrawn in writing by the taxpayer. In the event the taxpayer desires a conference or hearing, the fact of such desire must be set out in the protest. The Commissioner shall grant such a conference before his officers or agents as he may designate, at a time he shall specify, and shall make such reasonable rules governing the conduct of conferences as he may deem proper. The discretion given in this Section to the Commissioner shall be reasonably exercised on all occasions.
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Section 8. Said Code Title is further amended by inserting at the end of subsection (c) of Code Section 91A-250, relating to taxes as a personal debt, the following: As used in this subsection, the term `property and rights to property' includes, but is not limited to, any account in or with a financial institution., so that when so amended subsection (c) of Code Section 91A-250 shall read as follows: (c) In case of neglect or refusal by a taxpayer to pay any taxes due the State, the Commissioner or his authorized representative may levy upon all property and rights to property belonging to the taxpayer, except such as are exempt by law, for the payment of the amount due, together with interest on the sum due, any penalty for nonpayment, and such further amount as shall be sufficient for the fees, costs, and expenses of the levy. As used in this subsection, the term `property and rights to property' includes, but is not limited to, any account in or with a financial institution. Section 9. Said Code Title is further amended by striking from subsection (c) of Code Section 91A-420, relating to purchase by counties of property sold under tax executions, the following: time the governing authority draws its warrants on the county treasurer to pay to the levying officers the cost due on the tax executions and accruing costs in effecting, and substituting in lieu thereof the following: date of, so that when so amended subsection (c) of Code Section 91A-420 shall read as follows: (c) The 12 months' redemption period allowed under the provisions of this Chapter for the redemption of realty sold under tax executions shall begin to run from the date of the sale. Section 10. Said Code Title is further amended by inserting a new subsection immediately following subsection (f) of Code Section 91A-1013, relating to time for making tax returns, to be designated subsection (g) to read as follows:
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(g) In all counties having a population of not less than 13,650 nor more than 14,750, according to the census, the local tax officials shall close their books for the return of taxes on March 1 of each year. Section 11. Said Code Title is further amended by striking from subsection (b) of Code Section 91A-1022, relating to taxes payable to county in which

returns are made, the following: of nine percent per annum, and substituting in lieu thereof the following: specified in Section 91A-239.2, so that when so amended subsection (b) of Code Section 91A-1022 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 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. 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 91A1413, before July 1 of any year.
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Section 12. Said Code Title is further amended by inserting in subsection (a) of Code Section 91A-1029, relating to payment of ad valorem property taxes precedent to superior court jurisdiction in property tax litigation, between the word filed and the word by, the following: under this Title, so that when so amended subsection (a) of Code Section 91A1029 shall read as follows: (a) Before the superior court has jurisdiction to entertain any civil action, appeal, or affidavit of illegality filed under this Title by any aggrieved taxpayer concerning liability for ad valorem property taxes, taxability of property for ad valorem property taxes, valuation of property for ad valorem taxes, or uniformity of assessments for ad valorem property taxes, the taxpayer shall pay the amount of ad valorem property taxes assessed against the property at issue for the last year for which taxes were finally determined to be due on the property. Section 13. Said Code Title is further amended by inserting at the end of paragraph (8) of subsection (b) of Code Section 91A-1101, relating to the definition of homestead for purposes of ad valorem tax exemptions, the following: Where the property on which a homestead exemption is claimed is jointly owned by the occupant and others, the occupant or occupants shall be entitled to claim the full amount of said homestead exemption., so that when so amended paragraph (8) of subsection (b) of Code Section 91A-1101 shall read as follows: (8) Where property is owned and occupied jointly by two or more individuals all of whom occupy the property as a home and, if the property is otherwise entitled to a homestead exemption, the homestead may be claimed in the names of the joint owners residing in the home. Where the property on which a homestead exemption is claimed is jointly owned by the occupant and others, the occupant or occupants shall be entitled to claim the full amount of said homestead exemption.
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Section 14 . Said Code Title is further amended by striking in its entirety subsection (b) of Code Section 91A-1113, relating to determination of eligibility for homestead exemption, and substituting in lieu thereof a new subsection (b) to read as follows: (b) The applicant shall have the right of appeal from the decision of the board of assessors to the county board of equalization as provided in Code Section 91A-1449. Section 15 . Said Code Title is further amended by striking in its entirety Code Section 91A-1116, relating to application by disabled veteran for constitutional homestead exemption, and substituting in lieu thereof a new Code Section 91A-1116 to read as follows: 91A-1116. Application and showing by disabled veteran for constitutional homestead exemption. (a) Any disabled veteran qualifying for the homestead exemption provided for by Article VII, Section I, Paragraph IV of the Constitution shall file with the tax commissioner or tax receiver a letter from the Veterans Administration stating that he is a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and that he is disabled due to loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair, or blindness in both eyes, having only light perception, plus loss or loss of use of one lower extremity, or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair. (b) Any disabled veteran who is not entitled to receive benefits from the Veterans Administration of the United States but who qualifies otherwise, as provided for by Article VII, Section I,

Paragraph IV of the Constitution, shall file with the tax commissioner or tax receiver a copy of their DD form 214 (discharge papers from his military records, along with a letter from a doctor who is licensed to practice medicine in this State stating that he is disabled due to loss, or loss of use of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair, or blindness in both eyes, having only light perception, plus loss or loss of use of one lower extremity, or due to the loss, or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion
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without resort to a wheelchair. A county board of tax assessors, prior to approval of an exemption, may require the applicant to provide not more than two additional doctors' letters if the board is in doubt as to the applicant's eligibility for the exemption. (c) Each disabled veteran shall file for the exemption only once in the county of his residence. Once filed, the exemption shall automatically be renewed from year to year, and, except as provided in subsection (d), such exemption shall be extended to the unremarried widow or minor children at the time of his death so long as they continue to occupy the home as a residence and homestead. (d) Not more often than once in each three years, the county board of tax assessors may require the holder of an exemption granted pursuant to this Section to substantiate his continuing eligibility for the exemption. In no event may the board require more than three doctors' letters to substantiate eligibility. Section 16 . Said Code Title is further amended by inserting in subsection (a) of Code Section 91A-1117, relating to homestead exemptions from ad valorem taxation for educational purposes, after the word who and before the word has, the following: for the purposes of all tax years beginning on or after January 1, 1981,, and by striking from said subsection the following: $6,000, and substituting in lieu thereof the following: $8,000, so that when so amended subsection (a) of Code Section 91A-1117 shall read as follows: (a) The homestead, but not to exceed $10,000 of its assessed value, of each resident of each independent school district and of each county school district within this State who is 62 years of age or over and who for the purposes of all tax years beginning on or after January 1, 1981, has a gross income from all sources, including the income of all members of the family residing within the homestead,
Page 1868
not exceeding $8,000 per annum, is exempted from all ad valorem taxes for educational purposes levied by, for, or in behalf of any such school system, including taxes to retire school bond indebtedness. Section 17 . Said Code Title is further amended by striking from paragraph (1) of subsection (a) of Code Section 91A-1349, relating to interest and settlements of ad valorem taxes, the following: provided in this Section,, and substituting in lieu thereof the following: otherwise expressly provided for by law, ad valorem, so that when so amended paragraph (1) of subsection (a) of Code Section 91A-1349 shall read as follows: (1) Except as otherwise expressly provided for by law, ad valorem 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 this final settlement. Section 18 . Said Code Title is further amended by adding a new subsection at the end of Code Section 91A-1349, relating to interest and settlements of ad valorem taxes, to be designated subsection (d) to read as follows: (d) Any provision of law (except Code Section 91A-2203) to the contrary notwithstanding, in each county having a population of not less than 63,000 and not more than 72,000, according to the census, all ad valorem taxes due the county and the State remaining unpaid on October 20 of each year shall bear interest at the highest legal rate provided by law from that date. The local tax officials on October 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 91A-1361(a). Section 19 . Said Code Title is further amended by inserting in subsection (c) of Code Section 91A-1361, relating to issuance of executions, after the words: costs and commissions,
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the following: including, but not limited to, reasonable attorneys' fees, so that when so amended subsection (c) of Code Section 91A-1361 shall read as follows: (c) The officer in whose hands the execution is placed shall proceed at once to collect the execution and, when the execution is paid by the defendant voluntarily or by levy and sale, the officer shall detach from the execution the tax receipt and enter on the receipt the amount collected including, but not limited to, all costs and commissions including, but not limited to, reasonable attorneys' fees not to exceed 10 percent of the delinquent tax. He shall also make a similar entry on the execution, the receipt to be delivered by the officer to the defendant. The officer shall return the execution to the tax collector or tax commissioner with the amount of tax collected. The tax collector or tax commissioner shall at once copy the entry of the officer on his execution docket and file the

execution in his office. Section 20 . Said Code Title is further amended by striking from subsection (a) of Code Section 91A-2209, relating to taxation of railroad equipment companies, the words ,other than dining, buffet, chair, parlor, palace, or sleeping cars, so that when so amended subsection (a) shall read as follows: (a) Any person owning, leasing, furnishing, or operating any kind of railroad 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 cars of 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. (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.
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(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 21 . Said Code Title is further amended by adding a new subsection at the end of said Code Section 91A-2209, to be designated subsection (d), to read as follows: (d) (1) The Commissioner shall collect all taxes levied by this Section and shall remit all taxes collected to the authorities entitled thereto, less one percent of the amount collected which shall be paid into the general fund of the State Treasury in order to defray the costs of collection. (2) The Commissioner may submit tax bills to railroad equipment companies in one or more stages each year, and the taxes reflected in each bill shall be due 60 days after the Commissioner mails the bill to the company and if not so paid shall bear interest at the rate specified in Code Section 91A-239.2 and become subject to penalty in accordance with Code Section 91A-239.1. The Commissioner shall remit the taxes collected at least once each year. In arriving at the amount to be billed in each instance the Commissioner shall utilize the millage rate established by each taxing jurisdiction for the year in question unless no such rate has been finally established at the time the bill in question is prepared, in which case the Commissioner may decline to include such jurisdiction in the billing or may utilize a millage rate established by court order. (3) All taxes collected under a millage rate which is later changed shall be collected subject to adjustment upwards or downwards, as the case may be. Such adjustments may be billed or refunded separately or may be made by offset the following year, in the discretion of the Commissioner. If any refunds are made separately, they shall be made by the local taxing jurisdiction. (4) This subsection shall apply to all tax years beginning on or after January 1, 1981.
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Section 22 . Said Code Title is further amended by repealing in its entirety Code Section 91A-2208, relating to taxation of nonresident sleeping car companies. Section 23 . Said Code Title is further amended by striking in its entirety subsection (a) of Code Section 91A-1405, relating to qualifications, duties, and compensation of appraisers, and substituting in lieu thereof a new subsection (a) to read as follows: (a) Qualifications. (1) The Commissioner shall establish, and the State Merit System may review, the qualifications and rate of compensation for each appraiser grade. (2) Each appraiser shall obtain, before his employment, a satisfactory grade, as determined by the Commissioner, on an examination prepared by the Commissioner and an institution of higher education in this State. Section 24 . Said Code Title is further amended by striking in its entirety Code Section 91A-2404, relating to limitations upon grant of tax deferral for the elderly, and substituting in lieu thereof a new Code Section 91A-2404 to read as follows: 91A-2404. Limitations upon grant of tax deferral. No tax deferral in any one year 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 as shown on the county tax digest for the immediately preceding tax year. (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 to retire bonded indebtedness or for special assessments.
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Section 25 . Said Code Title is further amended by striking in its entirety Code Section 91A-2405, relating to interest on taxes deferred for the elderly, and substituting in lieu thereof a new Code Section 91A-2405 to read as follows: 91A2405. Interest on amount of deferred taxes. (a) The amount of taxes deferred pursuant to this Chapter shall accrue interest until paid at three-fourths of the rate specified in Code Section 91A-239.2. (b) Interest on taxes deferred pursuant to this

Chapter in any year shall begin accruing on the date the taxes were due in that year. Section 26 . Said Code Title is further amended by striking in its entirety Code Section 91A-2406, relating to deferred taxes to constitute lien, and substituting in lieu thereof a new Code Section 91A-2406 to read as follows: 91A-2406. Deferred taxes to constitute lien. (a) 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. (b) Liens for taxes deferred under this Chapter, except for any lien covering the then current tax year, shall not be divested by an award for year's support authorized pursuant to Code Chapter 113. Section 27 . Said Code Title is further amended by striking in its entirety Code Section 91A-2407, relating to application for homestead tax deferral for the elderly, and substituting in lieu thereof a new Code Section 91A-2407 to read as follows: 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.
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(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 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, he 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 equalization 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 equalization 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 equalization 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 equalization shall be final unless the applicant, tax collector, tax commissioner, or other lienholder, within 30 days from the date the taxpayer receives written notification of the decision of the board of equalization, files an appeal to the superior court of the county in which the property lies.
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(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 outstanding liens and deferred taxes and interest with a loss payable clause to the county tax collector or tax commissioner. Section 28. Said Code Title is further amended by striking from Code Section 91A-2408, relating to annual notification to property owner of deferred taxes, the following: On or before November 1 of each year, and substituting in lieu thereof the following: Each year, at the time the tax bills are mailed, so that when so amended Code Section 91A-2408 shall read as follows: 91A-2408. Annual notification to property owner. Each year, at the time the tax bills are mailed, 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. Section 29. Said Code Title is further amended by striking in its entirety Code Section 91A-2409, relating to change in ownership or use of property for which taxes have been deferred, and substituting in lieu thereof a new Code Section 91A-2409 to read as follows: 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 on the date which the change in use occurs or on the date failure to maintain insurance occurs. (b) In the event that there is a change in ownership of tax-deferred property, the total amount of deferred taxes and interest for
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all previous years shall be due and payable on the date the change in ownership takes place. 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 days of receipt of the notice. Failure to pay the amount due shall cause the total amount of deferred taxes and interest to also become due and payable at the end of the 30 days. (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 due and payable at the end of the 30 days. (e) All deferred taxes which are due and payable in the Section shall be delinquent and subject to interest in accordance with 91A-2405 at the end of 120 days following the date the deferred taxes become due and payable. Section 30. Said Code Title is further amended by striking in its entirety Code Section 91A-2410, relating to prepayment of deferred taxes, and substituting in lieu thereof a new Code Section 91A-2410 to read as follows: 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.
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(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. Any payment made under this subparagraph shall be deposited in a special escrow account for the 30 day period and the tax collector or tax commissioner shall not make distribution of the amount under the provisions of 91A-3214 while the funds are held in escrow. (b) Any partial payment made pursuant to this Section shall be applied first to accrued interest. By resolution of the county governing authority, a minimum amount of partial payment which may be accepted in the county pursuant to this Chapter may be established. The required minimum payment shall not exceed $25.00. Section 31. Said Code Title is further amended by striking from subsection (b) of Code Section 91A-2414, relating to penalties applicable to provisions relating to tax deferral for the elderly, the words: tax assessors, and substituting in lieu thereof the word: equalization, so that when so amended subsection (b) of Code Section 91A-2414 shall read as follows: (b) Any person against whom the penalties prescribed in this Section have been imposed may appeal the penalties imposed to the county board of equalization within 30 days after the penalties are imposed. Section 32. Said Code Title is further amended by inserting in Code Section 91A-2415, relating to payment of deferred taxes by holder of a deed to secure debt, between the word for and the word tax the following: and receives a, so that when so amended Code Section 91A-2415 shall read as follows:
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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 and receives a tax deferral, then such election shall not give the holder of the deed or mortgagee the right to foreclose. Section 33. Said Code Title is further amended by inserting between the second and third sentences of Code Section 91A-3202, relating to filing of instruments securing a long-term note, the following: If the security instrument reflects an amount greater than the principal amount of the note and, at the time the security instrument is presented for recording, the holder of the note also presents for recording with the security instrument his sworn statement itemizing the principal amount of the note and the other charges included within the amount shown on the face of the security instrument, the tax collector or tax commissioner shall determine the principal amount of the note from the sworn statement., so that when so amended Code Section 91A-3202 shall read as follows:

91A-3202. Filing of instruments securing a long-term note; intangible recording tax; maximum tax. Every holder of a long-term note secured by real estate, within 90 days from the date of the instrument executed to secure the note, shall record the security instrument in the county in which is situated the real estate conveyed or encumbered or upon which a lien is created to secure the note and shall present, prior to presenting the instrument to the clerk of the superior court for recording, the security instrument to the tax collector or tax commissioner of the county in which the real estate is situated. The tax collector or tax commissioner shall determine from the face of the security instrument the date of execution of the instrument, the maturity date of the note, and the principal amount of the note and he shall collect from the holder of the long-term note an intangible recording tax measured by the amount of the debt as evidenced in the security instrument at the rate of $1.50 for each $500 or fraction thereof of the face amount of the note secured by the security instrument. If the security instrument reflects an amount greater than the principal amount of the note and, at the time the security instrument is presented for recording, the holder of the note
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also presents for recording with the security instrument his sworn statement itemizing the principal amount of the note and the other charges included within the amount shown on the face of the security instrument, the tax collector or tax commissioner shall determine the principal amount of the note from the sworn statement. The maximum amount of any intangible recording tax payable, as provided in this Section, with respect to any single note shall be $25,000 tax. Section 34. Said Code Title is further amended by adding at the end of paragraph (1) of subsection (a) of Code Section 91A-3203, relating to tax on long-term notes, the following: Presentation for recording of a sworn statement as to the principal amount of the note, as authorized in Section 91A-3202, shall suffice for purposes of permitting the filing of a security instrument which is in compliance with the provisions of this paragraph other than for the fact that the security instrument does not disclose the principal amount of the note., so that when so amended paragraph (1) of subsection (a) of Code Section 91A-3203 shall read as follows: (1) Upon payment of the correct tax as disclosed from the information recited on the face of the security instrument, the tax collector or tax commissioner shall enter upon or attach to the security instrument a certification of the fact that the intangible recording tax as provided by Section 91A-3202 has been paid, the date, and the amount of the tax. The certificate shall be signed by the tax collector or tax commissioner or his deputy. The holder of a long-term note upon which the tax has been paid as provided by this Chapter may then present the security instrument, together with the certificate, to the clerk of the superior court of the county in which the real estate is situated who may then file the security instrument for record. It is the intention of the General Assembly that the intangible tax levied by Section 91A-3202 shall be paid to the tax collector or tax commissioner prior to and as a prerequisite to the filing for record of the real estate instrument securing the note with the clerk of the superior court and that the clerk of the superior court shall not be permitted to file the instrument for record unless the security instrument discloses on its face the principal amount of the note, the date executed, the due date, and the certificate of the tax collector or tax commissioner or his deputy showing that this tax has been paid upon the note. Presentation for recording of a sworn statement as to the
Page 1879
principal amount of the note, as authorized in Section 91A-3202, shall suffice for purposes of permitting the filing of a security instrument which is in compliance with the provisions of this paragraph other than for the fact that the security instrument does not disclose the principal amount of the note. Section 35. Said Code Title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 91A-3607, relating to taxable net income, and substituting in lieu thereof a new paragraph (1) to read as follows: (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 a standard deduction: (A) In the case of a single taxpayer or a head of household, of 15 percent of the taxpayer's adjusted gross income, but not more than $2,300 and not less than $1,500. (B) In the case of a married taxpayer filing a separate return, of 18 percent of the taxpayer's adjusted gross income, but not more than $1,500 and not less than $850. (C) In the case of a married couple filing a joint return, of 18 percent of the taxpayer's adjusted gross income, but not more than $3,000 and not less than $1,700. Section 36. Said Code Title is further amended by adding at the end of subsection (a) of Code Section 91A-3607, relating to taxable net income, a new paragraph (5) to read as follows: (5) (A) Retirement income not to exceed $2,000 per year received from any source. This paragraph (5) shall not apply to or affect retirement income which is already wholly exempt from income taxation because it is received from a public pension or retirement fund or system listed in subparagraph (a)(4)(A) of this Code Section. A taxpayer shall be eligible for the $2,000 exclusion granted by this paragraph (5) only if he or she: (i) Is 62 years of age or older during any part of the taxable year; or

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(ii) Is permanently and totally disabled in that he has a medically demonstrable disability which is permanent and which renders him incapable of performing any gainful occupation within his competence. (B) The Commissioner shall by regulation require proof of the eligibility of the taxpayer for the exclusion allowed by this paragraph (5). Section 37. Said Code Title is further amended by adding at the end of subsection (c) of Code Section 91A-3909, relating to employer's liability for income taxation, the following: In the event any employer is delinquent in payment of the tax imposed by this Chapter, the Commissioner may give notice of the amount of the delinquency by registered mail to all persons having in their possession or under their control any credits or other personal property belonging to the employer and all persons owing any debts to the employer at the time of receipt by them of the notice. Thereafter, no person so notified shall transfer or make any other disposition of the credits, other personal property, or debts until the Commissioner has consented to a transfer or disposition or until 30 days have elapsed after receipt of the notice. Each person so notified must advise the Commissioner, within five days after receipt of the notice, of any and all credits, other personal property, or debts in his possession, under his control, or owing by him as provided in this Section., so that when so amended subsection (c) of Code Section 91A-3909 shall read as follows: (c) Assessment, collection, payment. Except as provided by law to the contrary, the liability of an employer under subsection (a) of this Section and the amount of the fund described in subsection (b) of this Section shall be assessed, collected, and paid in the same manner and subject to the same provisions and limitations including, but not limited to, penalties as are income taxes. In the event any employer is delinquent in payment of the tax imposed by this Chapter, the Commissioner may give notice of the amount of the delinquency by registered mail to all persons having in their possession or under their control any credits or other personal property belonging to the employer and all persons owing any debts to the employer at the time of receipt by them of the notice. Thereafter, no
Page 1881
person so notified shall transfer or make any other disposition of the credits, other personal property, or debts until the Commissioner has consented to a transfer or disposition or until 30 days have elapsed after receipt of the notice. Each person so notified must advise the Commissioner, within five days after receipt of the notice, of any and all credits, other personal property, or debts in his possession, under his control, or owing by him as provided in this Section. Section 38. Said Code Title is further amended by adding a new Section after Code Section 91A-3911, to be designated Code Section 91A-3911.1, to read as follows: 91A-3911.1. Special accounting for withheld tax. (a) General. Whenever an employer required to deduct and withhold taxes as required under this Chapter fails, at the time and in the manner prescribed by law or regulation, to deduct and withhold, collect, truthfully account for, or pay over to the Commissioner the amount of taxes due as required by this Chapter upon being notified of the failure by the Commissioner by notice served upon him, personally or by registered or certified mail addressed to his last known address, he shall comply with the requirement of special accounting as set forth in subsection (b). (b) Requirement. Beginning at the time of service of the notice provided for in subsection (a) upon him, the employer shall deduct and withhold the tax required under this Chapter and, not later than the second banking day after any amount of such tax is deducted and withheld, shall: (1) Deposit the tax in a special and separate account in any State or national bank, designated as a State depository, and keep the amount of such taxes in such account until payment over to the Commissioner or to the Department. Each such account shall be a special fund in trust for the State payable only to the Commissioner or the Department; or (2) Purchase a postal money order, or other certified or bankable paper, for such amount payable only to the Commissioner or the Department. The order or paper shall be handled and dealt with under such rules and regulations as the Commissioner may prescribe.
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(c) Relief from requirements. Whenever the Commissioner is satisfied that the special accounting prescribed under subsections (a) and (b) is no longer necessary to effect future compliance with the law and regulations, he may cancel the notice requiring compliance with subsection (b) at such time and under such conditions as he may specify. Section 39. Said Code Title is further amended by striking in its entirety Code Section 91A-3912, relating to income withholding tax paid by employee, and substituting in lieu thereof a new Code Section 91A-3912 to read as follows: 91A-3912. Tax paid by employee; effect as to penalties. (a) If the employer fails to deduct and withhold the required tax, in violation of the provisions of this Chapter, and thereafter the income tax liability of the employee under Section 91A-3601 against which the amount, if withheld, would have been a credit is paid by the employee, the tax required to be deducted and withheld shall not be collected from the employer. The provisions of this Section in no case shall relieve the employer from

liability for any penalties or additions to the tax otherwise applicable in respect to such failure. (b) The income tax liability of an employee shall in no wise be affected by the failure of his employer to withhold the tax required under this Chapter. Section 40. Said Code Title is further amended by striking from the first sentence of Code Section 91A-4531, relating to designation of price brackets, the following: the, and substituting in lieu thereof the following: Except as otherwise provided in Code Sections 91A-4502 and 91A-4502.1, the, so that when so amended Code Section 91A-4531 shall read as follows: 91A-4531. Designation of price brackets; use of tokens prohibited. Except as otherwise provided in Code Sections 91A-4502 and 91A-4502.1, the Commissioner may prepare suitable brackets of prices for the collection of the tax imposed. The use of tokens is forbidden and prohibited.
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Section 41. Said Code Title is further amended by redesignating subsection (rr) of Code Section 91A-4503, relating to exemptions from sales and use taxation, as such subsection was added by Act No. 1045 of the 1980 regular session of the General Assembly (Ga. Laws 1980, p. 805), as subsection (ss) and by redesignating subsection (rr) of said Section, as added by Act No. 1181 of the 1980 regular session of the General Assembly (Ga. Laws 1980, p. 1188), as subsection (tt), so that when so redesignated and amended subsections (ss) and (tt) of Code Section 91A-4503 shall read as follows: (ss) 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. (tt) Sales to certain blood banks having a nonprofit status according to Section 501(c)(3) of the Internal Revenue Code. Section 42. Said Code Title is further amended by striking in its entirety subsection (f) of Code Section 91A-5009, relating to transportation and delivery of motor fuels, which reads as follows: (f) No motor fuel shall be unloaded from a transport tank truck, or other vehicle, or conveyed by any other manner into storage tanks or other equipment located at any motor fuel service station or any other place of business at which motor fuel is offered for sale at retail to the public between the hours of 9:00 p.m. and 5:00 a.m. of any day. Section 43. Said Code Title is further amended by striking from subsection (c) of Code Section 91A-5101, relating to definition of motor vehicle for purposes of road tax on motor carriers, the word: nine, and substituting in lieu thereof the following: 20, so that when so amended subsection (c) of Code Section 91A-5101 shall read as follows: (c) `Motor vehicle' means any passenger vehicle that has seats for more than 20 passengers in addition to the driver, any road
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tractor, any truck tractor, and any truck having more than two axles when the motor vehicle is propelled by motor fuel. `Motor vehicle' does not include: (1) Any two-axle vehicle not exceeding one and one-half tons designed for use as a single unit which is occasionally used to tow a trailer not for hire. (2) School buses. (3) Vehicles operated by the State, any political subdivision of the State, or the United States. (4) Transit buses operated exclusively within this State. Section 44. Said Code Title is further amended by striking from subsection (c) of Code Section 91A-5109, relating to motor carrier registration card, the following: of $1, and substituting in lieu thereof the following: for license year 1981 of $1 and for license year 1982 and thereafter of $3, so that when so amended subsection (c) of Code Section 91A5109 shall read as follows: (c) Prior to the issuance of each identification marker, a fee for license year 1981 of $1 and for license year 1982 and thereafter of $3 shall be paid to the Commissioner. Upon application for identification markers by a motor carrier, the applicant shall declare the type of fuel used in vehicles for which identification markers are to be issued and any other information that the Commissioner may require for the effective administration of this Chapter. Section 45. Said Code Title is further amended by adding a new Section following Code Section 91A-9905, to be designated Code Section 91A-9905.1, to read as follows: 91A-9905.1. Obstruction of levying officers. (a) It is unlawful for any person knowingly and willfully to obstruct or hinder the
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Commissioner or his authorized representatives in the levy of a State tax execution. (b) Any person violating the provisions of this Section is guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor. Section 46. The following laws, as amended, are hereby repealed in their entirety: (a) Code Section 5603, relating to taxation of produce by cities and towns. (b) Code Section 5-604, relating to charge of certain taxes by salesmen. (c) Code Section 91A-1202, relating to county tax for current expenses and accumulated debts. (d) Code Section 91A-1203, relating to payment of accumulated debts by counties. (e) Code Section 91A-1204, relating to levy of certain taxes for county purposes. (f) Code Section 91A-1205, relating to use of county taxes for purpose specified. (g) Code Section 91A-1206, relating to certain duties of county governing authorities. (h) Code Section 91A-1207,

relating to failure of grand jury to recommend tax. (i) Code Section 91A-1208, relating to right to compel or resist tax. (j) Code Section 91A-1209, relating to extra tax for county buildings. (k) Code Section 91A-1210, relating to tax for the support of paupers.
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(l) Code Section 91A-1211, relating to tax to pay county agricultural and home demonstration agents. (m) Code Section 91A-1212, relating to order to specify each purpose of county tax. (n) An Act to encourage the marketing of agricultural products in Georgia, approved March 8, 1945 (Ga. Laws 1945, p. 265). (o) An Act relating to the exemption from ad valorem taxation for educational purposes of certain property in certain counties, passed by an override of the Governor's veto on January 23, 1974 (Ga. Laws 1974, p. 2014). (p) An Act to provide that in all counties of this State having a population of not less than 13,650 nor more than 14,750, according to the 1970 United States Decennial Census or any future census, the local tax officials shall cease receiving tax returns on the first day of March, approved March 13, 1978 (Ga. Laws 1978, p. 3591). Section 47. 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 48. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Section 35 of this Act shall become effective January 1, 1983, and shall apply to all tax years beginning on or after January 1, 1983. (c) Section 36 of this Act shall become effective January 1, 1982, and shall apply to all tax years beginning on or after January 1, 1982.
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Section 49. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 22, 1981. GEORGIA MEDICAL ASSISTANCE ACT OF 1977 AMENDED. No. 818 (House Bill No. 15). AN ACT To amend an Act known as the Georgia Medical Assistance Act of 1977, approved March 16, 1977 (Ga. Laws 1977, p. 384), as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1520) and an Act approved April 17, 1979 (Ga. Laws 1979, p. 1293), so as to change certain provisions on time limitations on claims; 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 Medical Assistance Act of 1977, approved March 16, 1977 (Ga. Laws 1977, p. 384), as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1520) and an Act approved April 17, 1979 (Ga. Laws 1979, p. 1293), is hereby amended by striking from Section 7 thereof the word: three, and substituting in lieu thereof the word: six, so that when so amended Section 7 shall read as follows: Section 7. Time Limitations on Claims. Claims for medical assistance must be submitted not more than six months after the
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month in which the service is rendered, and shall be in the form prescribed by the Commissioner, except that, the Commissioner may, where he finds that delay in submission of claims was caused by circumstances beyond the control of the provider, extend the period for submission of certain claims for a period not to exceed twelve (12) months after the month in which the service was rendered; Provided, however, such limitations shall not apply to claims timely filed pursuant to Title XVIII of the Federal Social Security Act of 1935, as amended, and reimbursements of such claims may be authorized by the Department so long as federal financial participation in such reimbursements is available. 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 22, 1981. PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM ACT AMENDEDCREDITABLE SERVICE. No. 819 (House Bill No. 200). AN ACT To amend an Act known as 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 11, 1977 (Ga. Laws 1977, p. 311), so as to change the provisions relative to certain prior service qualifying as creditable service; 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 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 11, 1977 (Ga. Laws 1977, p. 311), is hereby amended by striking from subsection (i) of Section 5 the following: who is 55 years of age or over as of July 1, 1977, and, so that when so amended said subsection (i) shall read as follows: (i) Any member who, if credited with service rendered prior to January 1, 1970, would have at least 10 years of creditable service shall receive prior service credit for all service as a public school employee rendered by him at any time between January 1, 1945 and January 1, 1970. 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 22, 1981. SHERIFFS' RETIREMENT FUND OF GEORGIA ACT AMENDED. No. 820 (House Bill No. 250). 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.
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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, p. 1668), an Act approved April 3, 1978 (Ga. Laws 1978, p. 1690), an Act approved April 13, 1979 (Ga. Laws 1979, p. 994), an Act approved March 20, 1980 (Ga. Laws 1980, p. 461), and an Act approved March 20, 1980 (Ga. Laws 1980, p. 768), so as to provide that members, in order to be continued as active members of the Retirement Fund, shall pay monthly dues for each month the member serves as sheriff or until he has paid dues for a total of twenty-five years; 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 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, p. 1668), an Act approved April 3, 1978 (Ga. Laws 1978, p. 1690), an Act approved April 13, 1979 (Ga. Laws 1979, p. 994), an Act approved March 20, 1980 (Ga. Laws 1980, p. 461), and an Act approved March 20, 1980 (Ga. Laws 1980, p. 768), is hereby further amended by striking from subsection 2 of Section 13 the following language: twenty (20) years, and inserting in lieu thereof the following language: twenty-five (25) years,
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so that when so amended, subsection 2 of Section 13 shall read as follows: 2. Pay to the Secretary-Treasurer of the Board of Commissioners a sum of $20.00 per month for each month so served as dues on or before the 10th of the following month, or until he has so paid for a total of twenty-five (25) years; and,. Section 2. Said Act is further amended by striking from subsection (e) of Section 18 the following language: twenty (20) years, and inserting in lieu thereof the following language: twenty-five (25) years, so that when so amended subsection (e) of Section 18 shall read as follows: (e) Any provisions of this law to the contrary notwithstanding, twenty dollars ($20.00) shall be deducted from the monthly retirement pay of the member of the fund or the monthly retirement pay under Option 2 or 3 to the wife of the member when the member has been credited with any period of service under the provisions of this law which was performed prior to January 1, 1961, and for which dues shall not have been paid by the member, until a total sum of twenty dollars ($20.00) for every month of service prior to January 1, 1961, so credited to the member shall have been withheld, or until a maximum of twenty-five (25) years has been paid or withheld as dues, or until the death of the member and his wife who is receiving benefits, whichever may occur first. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without the Governor's approval.

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Section 4. All laws or parts of laws in conflict with this Act are hereby repealed. Approved April 22, 1981. TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 821 (House Bill No. 283). 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 March 31, 1975 (Ga. Laws 1975, p. 357), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 599), so as to change the percent which employer contributions may not exceed; to provide certain provisions shall remain the law; to change the provisions relative to retirement benefits; 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 establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved March 31, 1975 (Ga. Laws 1975, p. 357), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 599), is hereby amended by striking the figure 11.50% from the first paragraph of paragraph (c) of subsection (2) of Section 5, and inserting in lieu thereof the figure 12.75%, so that when so amended, the first paragraph of paragraph (c) of subsection (2) of Section 5 shall read as follows: (c) In the case of the retirement of any member who has less than 35 years of creditable service, if such member retires prior to July 1, 1974, or less than 31 years of creditable service if such member retires between July 1, 1974, and July 1, 1975, or less than 30 years of
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creditable service if such member retires on or after July 1, 1975, if such member has not attained the age of 62 years, the service allowance above described shall be reduced by 1/12 of 3% for each month by which his age at the time of retirement is below 62 years. The aforesaid reduction shall not apply in calculating the service allowance for disability retirement or death. Any member who retired with 30 or more years of creditable service whose retirement benefit was reduced because of his age having been less than the normal age of retirement in effect at the time he retired, shall be entitled to an adjusted retirement benefit based upon a calculation made without the application of the age reduction factor. Any retirement benefits or allowance provided or authorized by this Act shall not increase the employer contributions beyond the percentage rate of 12.75% of teachers' salaries. Section 2. Said Act is further amended by designating the undesignated paragraphs following the first paragraph of paragraph (c) of subsection (2) of Section 5, which undesignated paragraphs shall remain the law and fully effective, as paragraph (c.1), so that when so amended said undesignated paragraphs shall read as follows: (c.1) Provided, however, upon service retirement of any teacher who is a member of a local retirement fund, such teacher shall receive a service retirement pension on account of his service thereunder, in accordance with the provisions of Section 9, which shall consist of: (i) A pension equal to the annuity which would have been allowable at age of retirement if such teacher had been a member of this System and had made contributions of five (5) per centum of his earnable compensation payable from State funds, but not to exceed an annuity allowable at age 65 computed on the basis of such contributions as would have been made prior to age 65; (ii) If he has a prior service certificate in full force and effect an additional pension equal to the annuity which would have been provided at age of retirement, but not to exceed an annuity which would have been provided at age 65 by three times the amount of his prior service accumulations as heretofore defined, with regular interest thereon from time to time in effect from the date of establishment until the date of his retirement, but not to exceed the attainment of age 65.
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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 22, 1981. TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 822 (House Bill No. 286). 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 15, 1969 (Ga. Laws 1969, p. 384), an Act approved April 3, 1972 (Ga. Laws 1972, p. 896), an Act approved April 3, 1972 (Ga. Laws 1972, p. 909), an Act approved March 31, 1975 (Ga. Laws 1975, p. 357), an Act approved March 23, 1977 (Ga. Laws 1977, p. 599), an Act approved March 23, 1977 (Ga. Laws 1977, p. 841), and an Act approved April 5, 1978 (Ga. Laws 1978, p. 1913), so as to change the definition of earnable compensation; to delete certain language from the provisions relative to the Maximum Plan; to numerically redesignate the provisions of a paragraph; to guarantee the return of the amount of a member's accumulated contributions through monthly retirement benefits or a refund or both; to change the percent which employer contributions may not exceed; to provide that certain provisions shall remain the law; 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 establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved April 15, 1969 (Ga. Laws 1969, p. 384), an Act approved April 3, 1972 (Ga. Laws 1972,

p. 896), an Act approved April 3, 1972 (Ga. Laws 1972, p. 909), an Act approved March 31, 1975 (Ga. Laws 1975, p. 357), an Act approved
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March 23, 1977 (Ga. Laws 1977, p. 599), an Act approved March 23, 1977 (Ga. Laws 1977, p. 841), and an Act approved April 5, 1978 (Ga. Laws 1978, p. 1913), is hereby amended by inserting in the second sentence of subsection (13) of Section 1, after the word by and before the word a, the following: an employer for a member or by, so that when so amended, subsection (13) of Section 1 shall read as follows: (13) `Earnable compensation' shall mean the full rate of regular compensation payable to a member teacher for his full normal working time. All moneys paid by an employer for a member or by a member into any plan of tax sheltered annuity shall be included as earnable compensation for the purpose of computing any contributions required to be made to the Teachers' Retirement System, and also for the purpose of computing any benefits or allowances payable under this Act. `Earnable compensation' shall include compensation paid to a member by an employer as defined in subsection (4) of Section 1 from grants or contracts made by outside agencies with the employer. Section 2. Said Act is further amended by striking in its entirety the last undesignated paragraph of paragraph (b) of subsection (2) of Section 5, which reads as follows: The benefit payable under this subsection and under subsection (3) of this section shall be payable to the retired member for the remainder of his lifetime and shall be known as the Maximum Plan. Upon the death of the retired member, all monthly benefits shall cease as of the end of the month in which the retired member died. In the event that the total monthly benefits paid at the time of the member's death are less than the amount of contributions which the member made to the system, the difference between the benefits paid and the amount of contributions shall be refunded to the person who may have been designated in writing by the retired member or to the retired member's estate if no such person has been named or has predeceased the member. This paragraph shall not apply when an optional allowance has been selected by the member under subsection (8) of this Section.,
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and substituting in lieu thereof the following paragraph, to be designated paragraph (b.1), to read as follows: (b.1) The benefit payable under this subsection and under subsection (3) of this section shall be payable to the retired member for the remainder of his lifetime and shall be known as the Maximum Plan. Upon the death of the retired member, all monthly benefits shall cease as of the end of the month in which the retired member died. In the event that the total monthly benefits paid at the time of the retired member's death are less than his accumulated contributions at the time of his retirement, the difference between the benefits paid and such accumulated contributions shall be refunded to the person who may have been designated in writing by the retired member, or to the retired member's estate if no such person has been designated or if such designated person has predeceased the retired member. Section 3. Said Act is further amended by striking the figure 11.50% from the first paragraph of paragraph (c) of subsection (2) of Section 5, and inserting in lieu thereof the figure 12.75%, so that when so amended, the first paragraph of paragraph (c) of subsection (2) of Section 5 shall read as follows: (c) In the case of the retirement of any member who has less than 35 years of creditable service, if such member retires prior to July 1, 1974, or less than 31 years of creditable service if such member retires between July 1, 1974, and July 1, 1975, or less than 30 years of creditable service if such member retires on or after July 1, 1975, if such member has not attained the age of 62 years, the service allowance above described shall be reduced by 1/12 of 3% for each month by which his age at the time of retirement is below 62 years. The aforesaid reduction shall not apply in calculating the service allowance for disability retirement or death. Any member who retired with 35 or more years of creditable service whose retirement benefit was reduced because of his age having been less than the normal age of retirement in effect at the time he retired, shall be entitled to an adjusted retirement benefit based upon a calculation made without the application of the age reduction factor. Any retirement benefits or allowance provided or authorized by this Act shall not increase the employer contributions beyond the percentage rate of 12.75% of teachers' salaries.
Page 1897
Section 4. Said Act is further amended by designating the undesignated paragraphs following the first paragraph of paragraph (c) of subsection (2) of Section 5, which undesignated paragraphs shall remain the law and fully effective, as paragraph (c.1), so that when so amended said undesignated paragraphs shall read as follows: (c.1) Provided, however, upon service retirement of any teacher who is a member of a local retirement fund, such teacher shall receive a service retirement pension on account of his service thereunder, in accordance with the provisions of Section 9, which shall consist of: (i) A pension equal to the annuity which would have been allowable at age of retirement if such teacher had

been a member of this system and had made contributions of five (5) per centum of his earnable compensation payable from state funds, but not to exceed an annuity allowable at age 65 computed on the basis of such contributions as would have been made prior to age 65; (ii) If he has a prior service certificate in full force and effect an additional pension equal to the annuity which would have been provided at age of retirement, but not to exceed an annuity which would have been provided at age 65 by three times the amount of his prior service accumulations as heretofore defined, with regular interest thereon from time to time in effect from the date of establishment until the date of his retirement, but not to exceed the attainment of age 65. Section 5. Said Act is further amended by adding two new paragraphs at the end of subsection (8) of Section 5, to be designated paragraphs (c) and (d), to read as follows: (c) Upon the death of the retired member and then thereafter the death of the person designated by him to receive continuing retirement benefits under Options 2, 3, or 4, in the event that the total monthly benefits paid to the retired member and to such person designated to receive continuing benefits do not equal or exceed the retired member's accumulated contributions at the time of his retirement, the difference shall be refunded to the person designated in writing by the retired member to receive such a refund of this difference. If no such person is designated to receive this difference, or if such designated person has predeceased the person designated to receive continuing monthly retirement benefits, or if such designees are the same person, this difference shall be paid to the estate of the person designated to receive continuing monthly retirement benefits.
Page 1898
(d) Upon the death of the person designated by the retired member to receive continuing monthly retirement benefits under Options 2, 3, or 4, and then thereafter the death of the retired member, in the event that the total monthly benefits paid to the retired member prior to his death do not equal or exceed the retired member's accumulated contributions at the time of his retirement, the difference shall be refunded to the person designated in writing by the retired member to receive such a refund of this difference. If the person designated by the retired member to receive a refund of this difference also predeceases the retired member, or if such designees are the same person, or if no person is designated to receive this difference, this difference shall be paid to the estate of the retired member. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 22, 1981. JOINT-SECRETARY STATE EXAMINING BOARDS, ETC. Code Chapter 84-1 Amended. No. 823 (House Bill No. 575). AN ACT To amend Code Chapter 84-1, relating to the joint-secretary of the state examining boards, as amended, so as to define more clearly the duties of the joint-secretary in support of the various state examining boards; to provide for standard reimbursement of members of the various boards; to provide for the site and scheduling of board meetings; to provide for administrative standards for the examination of applicants for licensure; to provide for the confidentiality of certain board records; to change the provisions relating to the expiration and renewal of licenses and certificates and penalty dates; to amend an
Page 1899
Act providing that certain applicants taking an examination given by any examining board or commission whose records are maintained by the joint-secretary of the state examining boards, under the supervision of the Secretary of State, shall receive points to be added to the grade made by applicants on the examination, approved March 24, 1960 (Ga. Laws 1960, p. 1172), as amended, so as to transfer certain duties of boards or commissions to the joint-secretary; to strike certain duties of boards and commissions; to amend an Act providing a uniform method for the determination of fees to be charged by state licensing and examining boards, approved April 3, 1978 (Ga. Laws 1978, p. 1517), so as to strike certain references to fiscal years; to authorize the joint-secretary to refund fees; to provide an exception; 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 84-1, relating to the joint-secretary of the state examining boards, as amended, is hereby amended by striking in its entirety Code Section 84-102, relating to the office of the joint-secretary of the state examining boards, and inserting in lieu thereof a new Code Section 84-102 to read as follows: 84-102. Office of the joint-secretary. (a) The salary of the joint-secretary of the state examining boards shall be fixed by the Secretary of State, and he shall hold office at the pleasure of the Secretary of State. The joint-secretary, with the approval of the Secretary of State, notwithstanding any other provisions of law to the contrary shall employ and establish within the guidelines provided by the laws and rules and regulations of the state merit system the qualifications of such employees and enter into such contracts as deemed necessary to carry out the provisions of this chapter and for all services required by each of the state examining boards. The joint-secretary, with the approval of the Secretary of State, notwithstanding any other provisions of law to the contrary, shall set the qualifications and salary to employ a deputy joint-secretary and appoint executive directors as required who shall act in the absence of the joint-secretary and who shall perform such other functions of the jointsecretary under this chapter as the joint-secretary may designate. The qualifications and appointment of an executive

director for the support of a state examining board with an executive director established by legislation prior to January 1, 1981, shall be subject to approval of said board. The deputy joint-secretary and executive directors as appointed shall
Page 1900
be in the unclassified service and excluded from the classified service as defined in an Act completely and exhaustively revising, superseding, and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, approved March 13, 1975 (Ga. Laws 1975, p. 79), as now or hereafter amended. (b) Notwithstanding any other provisions of law to the contrary, each member of the various boards may receive the same expense allowance as members of the General Assembly and a mileage allowance for the use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier within the state. Any board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his duties as a board member. For each day's service without the state as a board member, such member shall receive actual expenses as an expense allowance, plus a mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by members of the various state boards are subject to approval of the president or chairman of the respective board and the joint-secretary. (c) All meetings and hearings of said respective boards shall be held in the capitol, or at the site of the office of the joint-secretary of the state examining boards, or at such other site as may be requested by the chairman or president of said respective board and approved by the joint-secretary. A majority of the appointed members of a respective board shall constitute a quorum for the transaction of business. A schedule of all meetings and hearings of the various state examining boards shall be maintained at the office of the joint-secretary and be available for public review. (d) The joint-secretary of the state examining boards shall establish administrative standards for the examination of applicants for licensure of the various state boards, notwithstanding any other provisions of law to the contrary. These examination standards shall include the setting of date, time, and location of examinations, subject to the approval of the respective examining board. Notwithstanding any other provisions of law to the contrary, examination criteria, examination grading procedures, examination fees, examination passing score requirements and other matters pertaining to the examination of applicants for licensure may be adopted by respective
Page 1901
board rules, as are necessary to implement such examination standards. Examination standards, including examination criteria, grading procedures, and passing score requirements, developed in agreement or conjunction with a national association of state boards or other related national association for the administration of a national recognized uniform examination may be adopted in lieu of state standards by respective state boards. (e) The joint-secretary of the state examining boards shall prepare and maintain a roster containing the names and addresses of all current licensees for each of the various examining boards. A copy of this roster shall be available to any person upon request at a fee prescribed by the joint-secretary sufficient to cover the cost of printing and distribution. Except as provided elsewhere, the following shall be treated as confidential and need not be disclosed without the approval of the respective examining board: (1) Applications and other personal information submitted by applicants, except to the applicant, staff, and the respective board. (2) Information, favorable or unfavorable, submitted by a reference source concerning an applicant, except to the staff and the board. (3) The deliberations of the board with respect to an application, a complaint, an investigation, or a disciplinary proceeding, except as may be contained in official board minutes. (f) Funding for the office of the jointsecretary and the various state examining boards served by such office shall be contained in a common budget unit as defined in Code Chapter 40-4, known as the `Budget Act,' as now or hereafter amended. Section 2. Said Code chapter is further amended by striking in its entirety Code Section 84-104, relating to the joint-secretary of the state examining boards, and inserting in lieu thereof a new Code Section 84-104 to read as follows: 84-104. (a) The joint-secretary of the state examining boards shall determine the expiration, renewal, and penalty dates for each license and certificate issued by the state examining boards through the office of the joint-secretary of the state examining boards which is
Page 1902
subject to renewal. Before becoming effective, these expiration, renewal, and penalty dates must be approved by the respective state examining boards. (b) Each license and certificate issued by the state examining boards through the office of the joint-secretary of the state examining boards which is subject to renewal shall be valid for up to two years and shall be renewal biennially on the renewal date established by the joint-secretary of the state examining boards, as approved by

the respective state examining boards. (c) The joint-secretary of the state examining boards is hereby authorized to adopt the necessary rules and regulations to implement the biennial renewal of licenses and certificates in such manner that the number of renewals is reasonably evenly distributed throughout each two-year period. Section 3. An Act providing that certain applicants taking an examination given by any examining board or commission whose records are maintained by the joint-secretary of the state examining boards, under the supervision of the Secretary of State, shall receive points to be added to the grade made by applicants on the examination, approved March 24, 1960 (Ga. Laws 1960, p. 1172), as amended, is hereby amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. It shall be the duty of the joint-secretary of the state examining boards to inform applicants taking the examination of the provisions of this Act and to make such rules and regulations as are necessary in order to carry out the terms of this Act. Section 4. An Act providing a uniform method for the determination of fees to be charged by state licensing and examining boards, approved April 3, 1978 (Ga. Laws 1978, p. 1517), 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 state licensing and examining board which is authorized to collect an examination fee, license fee, license renewal fee, or similar fee may establish the amount of the fee to be charged and collected. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged and collected by the licensing and examining board shall approximate
Page 1903
the total of the direct and indirect costs to the state of the operations of the board. Fees may be refunded for good cause, as determined by the joint-secretary. Section 5. The provisions of this Act shall not be applicable to the Georgia Real Estate Commission and its functions, powers, and duties pursuant to the provisions of Code Chapter 84-14. 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 April 22, 1981. GEORGIA PUBLIC REVENUE CODE AMENDEDINCOME TAX. Code Title 91A Amended. No. 824 (House Bill No. 653). AN ACT To amend Code Title 91A, known as the Georgia Public Revenue Code, as amended, so as to update a reference to the Internal Revenue Code of 1954; to adjust certain provisions relating to mailing of notices of tax assessments; to change the amounts of the standard deductions allowed to taxpayers; to provide for the exclusion of certain retirement income of certain taxpayers; to provide for definitions; to provide for limitations; to provide for applicability; 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:
Page 1904
Section 1. Code Title 91A, known as the Georgia Public Revenue Code, as amended, is hereby amended by striking from subsection (o) of Code Section 91A-102, relating to the definition of the term Internal Revenue Code for purposes of the Public Revenue Code, wherever the same shall appear, the following: 1980, and substituting in lieu thereof the following: 1981, so that when so amended subsection (o) of Code Section 91A-102 shall read as follows: (o) `Internal Revenue Code' or `Internal Revenue Code of 1954' means the United States Internal Revenue Code of 1954 as it existed on January 1, 1981. In the event a reference is made in this Title to the Internal Revenue Code as it existed on a specific date prior to January 1, 1981, the term shall mean the Internal Revenue Code as it existed on such prior date. Unless otherwise provided in this Title, any term used in this Title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1954 in force and effect on January 1, 1981. Section 2. Said Code Title is further amended by striking from paragraph (2) of subsection (b) of Code Section 91A-240, relating to notice of tax assessments, the following: $250, and substituting in lieu thereof the following: $600, so that when so amended paragraph (2) of subsection (b) of Code Section 91A-240 shall read as follows: (2) If the total amount of the assessment does not exceed $600, the notice shall be sufficiently served upon the person assessed if it is mailed by first class mail to such person at his address as shown on the records of the Department. Each such notice shall be mailed in an envelope instructing return thereof in 10 days if not delivered and
Page 1905
shall be sufficiently served if it is not returned within the 10 day period. Section 3. Said Code Title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 91A-3607, relating to taxable net income, and substituting in lieu thereof a new paragraph (1) to read as follows: (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 a standard deduction: (A) In the case of a single taxpayer or a head of household, of 15 percent of the taxpayer's adjusted gross income, but not more than $2,300 and not less than $1,500. (B) In the case of a married taxpayer filing a separate return, of 18 percent of the taxpayer's adjusted gross income, but not more than $1,500 and not less than $850. (C) In the case of a married couple filing a joint return, of 18 percent of the taxpayer's adjusted gross income, but not more than $3,000 and not less than $1,700. Section 4. Said Code Title is further amended by adding at the end of subsection (a) of Code Section 91A-3607, relating to taxable net income, a new paragraph (5) to read as follows: (5) (A) Retirement income not to exceed $2,000 per year received from any source. This paragraph (5) shall not apply to or affect retirement income which is already wholly exempt from income taxation because it is received from a public pension or retirement fund or system listed in subparagraph (a)(4)(A) of this Code Section. A taxpayer shall be eligible for the $2,000 exclusion granted by this paragraph (5) only if he or she: (i) Is 62 years of age or older during any part of the taxable year; or (ii) Is permanently and totally disabled in that he has a medically demonstrable disability which is permanent and which renders him incapable of performing any gainful occupation within his competence.
Page 1906
(B) The Commissioner shall by regulation require proof of the eligibility of the taxpayer for the exclusion allowed by this paragraph (5). 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. (a) Sections 1 and 2 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without his approval. (b) Section 3 of this Act shall become effective January 1, 1983, and shall apply to all tax years beginning on or after January 1, 1983. (c) Section 4 of this Act shall become effective January 1, 1982, and shall apply to all tax years beginning on or after January 1, 1982. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 22, 1981. GEORGIA PUBLIC REVENUE CODE AMENDEDTAX APPRAISERS. Code Sections 91A-1328, 91A-1405 Amended. No. 826 (House Bill No. 832). AN ACT To amend Code Section 91A-1328, relating to duties of tax collectors, and Code Section 91A-1405, relating to qualifications, duties,
Page 1907
and compensation of appraisers, so as to change the duties of appraisers to include inspection of mobile home decals; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 91A-1328, relating to duties of tax collectors, is hereby amended by adding to paragraph (2) of subsection (a), immediately before the period, the following: , except that the inspection of mobile homes to determine if decals have been attached shall be the duty of the tax appraisers, so that when so amended said paragraph (2) shall read as follows: (2) Search out and ascertain as far as possible all taxable property not returned to the tax receiver or not found in his digests, except that the inspection of mobile homes to determine if decals have been attached shall be the duty of the tax appraisers. Section 2. Code Section 91A-1405, relating to qualifications, duties, and compensation of appraisers, is hereby amended by adding a new paragraph (11) at the end of subsection (b) of said Code section to read as follows: (11) Inspect mobile homes located in the county to determine if the proper decal is attached and displayed on the mobile home by the owner as provided by law; notify the residents of those mobile homes to which a decal is not attached of the provisions of Code Sections 91A-1924 and 91A-9945; and furnish to the tax collector or tax commissioner a periodic list of those mobile homes to which a decal is not attached. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 22, 1981.
Page 1908
RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1981 PROPOSING AMENDMENTS TO THE CONSTITUTION OF GEORGIA
Page 1909
CAMDEN COUNTYJURISDICTION OF PROBATE COURT. Proposed Amendment to the Constitution. No. 67

(Senate Resolution No. 86). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the Probate Court of Camden County shall have jurisdiction to try and impose fines for the violation of county ordinances and resolutions in accordance with the fines specified by such ordinance or resolution; to authorize the General Assembly to provide by law the procedures and conditions under which this jurisdiction shall be exercised; 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 VI, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following: Notwithstanding any other provision of the Constitution or any general or local law of this State, the Probate Court of Camden County shall have jurisdiction to try violations of county ordinances and resolutions and to impose fines for such violations in accordance with the fines specified by such ordinances or resolutions. In addition, the General Assembly is hereby authorized to provide by law the procedures and conditions under which this jurisdiction shall be exercised. The authority provided in this paragraph may be exercised
Page 1910
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 Camden 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 [] NO Shall the Constitution be amended so as to provide that the Probate Court of Camden County shall have jurisdiction to try and impose fines for the violation of county ordinances and resolutions in accordance with the fines specified by such ordinance or resolution and to authorize the General Assembly to provide by law the procedures and conditions under which this jurisdiction shall be exercised? 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.
Page 1911
PROCEDURE TO AMEND THE CONSTITUTION. Proposed Amendment to the Constitution. No. 68 (Senate Resolution No. 111). A RESOLUTION Proposing an amendment to the Constitution, so as to provide for amendment of the Constitution by ratification of two or more new articles or two or more new articles with related changes as a single amendment; to provide for submission of this amendment for ratification or rejection; to repeal conflicting laws; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The third unnumbered paragraph of Paragraph I of Section I of Article XII of the Constitution is hereby amended by adding at the end thereof the following: A proposal for the ratification of two or more new Articles may be submitted as a single amendment. A proposal for the ratification of two or more new Articles with related changes within the Articles or with related changes in one or more other Articles may be submitted as a single amendment., so that when so amended said third unnumbered paragraph of Paragraph I of Section I of Article XII shall read as follows: Any proposed amendment which is general or a proposal for a new Constitution shall be submitted to the people of the entire State at the next general election which is held in the even-numbered years, and if ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of this Constitution or shall become the new Constitution, as the case may be. A proposed amendment which is not general shall be submitted at the next general election which is held in the even-numbered years, but shall only be submitted to the people of the political subdivision or subdivisions directly affected. The votes of the electors in each political subdivision affected shall be counted separately in determining whether such proposed amendment is ratified, and it must be ratified by a majority of the electors
Page 1912
qualified to vote for members of the General Assembly voting thereon in each such political subdivision before it shall become a part of this Constitution. The General Assembly, in the resolution, shall state the language to be used in submitting the proposed amendment or proposal for a new Constitution. When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately. A proposal for one or more changes within a single Article may be submitted as a single amendment. A proposal for one or more changes within a single Article and a related change or related changes in one or more other Articles may be submitted as a single amendment. A proposal for a new Article may be submitted as a single amendment. A proposal for a new Article and

related change or related changes in one or more other Articles may be submitted as a single amendment. A proposal for the ratification of two or more new Articles may be submitted as a single amendment. A proposal for the ratification of two or more new Articles with related changes within the Articles or with related changes in one or more other Articles may be submitted as a single 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. The ballot submitting the above proposed amendment shall have written or printed thereon the following: [] YES [] NO Shall the Constitution be amended so as to provide for amendment of the Constitution by ratification of two or more new articles or two or more new articles with related changes as a single amendment? 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.
Page 1913
PROCEDURE TO FILL VACANCIES IN CERTAIN CONSTITUTIONAL OFFICES. Proposed Amendment to the Constitution. No. 69 (House Resolution No. 119). A RESOLUTION Proposing an amendment to the Constitution so as to provide the manner of filling vacancies in certain elected constitutional offices 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. Section III of Article V of the Constitution is hereby amended by adding a new Paragraph VII to read as follows: VII. Vacancies. A vacancy in the office of Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, or Commissioner of Labor shall be filled by appointment of the Governor until the first day of January after the next general election which is held more than 30 days after the vacancy occurs. If a portion of the original term remains unexpired after that first day of January, a successor for the unexpired term shall be elected at that general election. 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 [] NO Shall the Constitution be amended so as to provide the manner of filling vacancies in certain elected constitutional offices of the 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.
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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 DECATURHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 70 (House Resolution No. 142). A RESOLUTION Proposing an amendment to the Constitution so as to provide for a homestead exemption from certain city ad valorem taxes for residents of the City of Decatur in an amount to be fixed by the governing authority of the city at not more than $2,000.00 for the first year, and which may be increased periodically, but which exemption shall not exceed $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 the City of Decatur actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, may be exempted from all ad valorem taxation for City of Decatur ad valorem taxes, except taxes to pay interest on and retire bonded indebtedness and except taxes for the independent school system of the City of Decatur, in an amount determined by the governing authority of the City of Decatur. The amount of such exemption shall not exceed $2,000.00 for the first year of the exemption. For any succeeding years said governing authority is authorized to increase the exemption granted herein, but not to exceed the percentage increase in the total property tax digest of the City of Decatur since the amount of the exemption
Page 1915
was last set. The exemption authorized herein shall not exceed $10,000.00. 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 City Clerk of the City of Decatur with such affidavits, copies of deeds, or other information as he might request showing that such resident and 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 city clerk'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. 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 [] NO Shall the Constitution be amended so as to provide for a homestead exemption from certain city ad valorem taxes for residents of the City of Decatur in an amount to be fixed by the governing authority of the city at not more than $2,000.00 for the first year, and which may be increased periodically, but which exemption shall 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.
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BULLOCH COUNTYTAX RATES, ETC. Proposed Amendment to the Constitution. No. 71 (House Resolution No. 170). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the governing authority of Bulloch County to create and tax at different rates subclasses of real property for purposes of special services fire districts; to provide for related matters; 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 is hereby amended by adding at the end thereof the following new paragraph: Notwithstanding any other provision of this Constitution, the governing authority of Bulloch County may create and tax at differing rates subclasses of real property within special services fire districts. The governing authority may also tax one or more such subclasses and not tax one or more other subclasses. Such subclassification and differential taxation shall apply only to those taxes levied within a special services fire district for purposes of providing fire protection within the district. This paragraph shall be self-executing, but the General Assembly may by local law hereafter define, limit, or abrogate the power herein granted to the county governing authority. Nothing in this paragraph shall affect any state tax. 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 [] NO Shall the Constitution be amended so as to authorize the governing authority of Bulloch County to create and tax at different rates subclasses of real property for purposes of special services fire districts?
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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 SAVANNAH AND CHATHAM COUNTYHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 72 (House Resolution No. 206). A RESOLUTION Proposing an amendment to the Constitution so as to provide for an exemption from ad valorem taxation for educational purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham in a specified amount of the assessed value of the homestead of each resident of Chatham County who is 62 years of age or over if his net income from all sources, including the income of all members of his family residing within the homestead, does not exceed $10,000.00; to provide for all 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 VII, Section I, Paragraph IV of the Constitution is hereby amended by striking the following paragraph:
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Each resident of Chatham County who is 62 years of age or over and who does not have an annual income from all sources, including the income from all sources of all members of his family residing within the homestead, exceeding $10,000 is hereby granted an exemption, from ad valorem taxation for educational purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham, in the amount of $12,000 of the assessed

value of his homestead. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Chatham County Tax Commissioner on a form provided by the tax commissioner for that purpose which shall state the owner's age, the amount of income he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for the same period, and such other additional information as may be reasonably required by the tax commissioner. The exemption granted by this paragraph shall apply to those properties to which the legal title is vested in one or more title holders, if actually occupied as a residence by one or more such owners who possess the qualifications provided for in this paragraph. Such exemption shall also apply to those homesteads to which the title 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. The exemption provided for by this paragraph shall apply to all taxable years beginning after December 31, 1978., in its entirety and inserting in lieu thereof a new paragraph to read as follows: Each resident of Chatham County who is 62 years of age or over is hereby granted an exemption from ad valorem taxation for educational purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham in the amount of $12,000.00 of the assessed value of his homestead if his net income, including the net income of the members of his family residing within the homestead, as net income is defined by Georgia law, does not exceed $10,000.00. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Chatham County Tax Commissioner on a form provided by the tax commissioner for that purpose which shall state the owner's age, the amount of income he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for the same period, and such other additional
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information as may be reasonably required by the tax commissioner. The exemption granted by this paragraph shall apply to those properties to which the legal title is vested in one or more title holders, if actually occupied as a residence by one or more such owners who possess the qualifications provided for in this paragraph. Such exemption shall also apply to those homesteads to which the title 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. The exemption provided for by this paragraph shall apply to all taxable years beginning after December 31, 1982. 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 [] NO Shall the Constitution be amended so as to exempt from ad valorem taxation for educational purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham in the amount of $12,000.00 of the assessed value of the homestead of each resident of Chatham County who is 62 years of age or over if his net income from all sources, including the net income from all sources of all members of his family residing within the homestead, as net income is defined by Georgia law, 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.
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CITY OF SAVANNAH AND CHATHAM COUNTYCOMPENSATION OF BOARD OF PUBLIC EDUCATION. Proposed Amendment to the Constitution. No. 73 (House Resolution No. 210). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the compensation of the members of the Board of Public Education for the City of Savannah and the County of Chatham may be changed by local law without the necessity of a referendum; 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 V, Paragraph II of the Constitution is hereby amended by adding at the end of subsection (b) the following new paragraph: Any other provision of this Constitution to the contrary notwithstanding, the compensation of the members of the Board of Public Education for the City of Savannah and the County of Chatham may be changed by local law without the necessity of a referendum. 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 [] NO Shall the Constitution be amended so as to provide that the compensation of the members of the Board of Public Education for the City of Savannah and the County of Chatham may be changed by local law without the necessity of a referendum?

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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. GWINNETT COUNTYHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 74 (House Resolution No. 213). A RESOLUTION Proposing an amendment to the Constitution so as to increase the homestead exemption to $20,000.00 and the income limits to $10,000.00 for certain residents of Gwinnett County who are 65 years of age or over and to provide for the granting of such exemption to both spouses under certain conditions although only one of them is 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 a new paragraph to read as follows: Each resident of Gwinnett County who is 65 years of age or over is hereby granted an exemption from all county and county school district ad valorem taxes, except those county and county school district taxes to pay interest on and retire bonded indebtedness, in the amount of $20,000.00 on a homestead owned and occupied by that person as a residence if that person's 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 $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. The exemption granted to the homestead in 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 as a residence by one or more such owners, provided any such owner may only claim the share of such exemption which is proportional to his share in the property, and may only claim such exemption if possessing the qualifications provided in this paragraph, except that when such legal title is vested in one or more titleholders who include a person and his spouse, both of whom occupy as a residence the property for which an exemption may be granted in this paragraph, such person and his spouse may claim that share of such exemption which is proportional to their combined share in the property notwithstanding that both possess all the other qualifications provided in this paragraph but that only one is 65 years of age or over. The exemption granted to the homestead in this paragraph 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 actually occupies such property as a residence, provided any such heir or cestui que uses may only claim the share of such exemption which is proportional to his share in the property, and may only claim such exemption if possessing the qualifications provided in this paragraph, except that when such heirs or cestui que uses include a person and his spouse, both of whom occupy as a residence the property for which an exemption may be granted in this paragraph, such person and his spouse may claim that share of such exemption which is proportional to their combined share in the property notwithstanding that both possess all the other qualifications provided in this paragraph but that only one is 65 years of age or over. This exemption shall be claimed, returned, and otherwise administered in the same manner in which is claimed, returned, and otherwise administered that state-wide homestead exemption, created by a general
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amendment to this Paragraph, from state and county ad valorem taxes for persons 65 years of age or more, and this exemption shall be in lieu of that state-wide exemption. The provisions of this paragraph shall apply to all taxable years beginning after December 31, 1982. 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 [] NO Shall the Constitution be amended so as to increase the homestead exemption to $20,000.00 and the income limits to $10,000 for certain residents of Gwinnett County who are 65 years of age or over and to provide for the granting of such exemption to both spouses under certain conditions although only one of them is 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. GILMER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 75 (House Resolution No. 215). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the Gilmer County Industrial Development Authority to fix the
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interest rate to be borne by bonds, debentures, or revenue bonds issued by the authority and to provide that state usury laws shall not apply to such issues; 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 . The amendment to the Constitution, relating to the Gilmer County Industrial Development Authority, which was ratified at the general election in 1968 and which is set forth in Ga. Laws 1967, p. 958, and which was continued in force and effect by the Constitution of 1976, is hereby amended by striking from Paragraph E the following: In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds, debentures and revenue bonds for the purpose of paying all or any part of the cost of any project of the Authority; such revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the laws of Georgia, as though such bonds had originally been authorized to be issued under the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761), as amended., and substituting in lieu thereof the following: In order to finance any undertaking within the scope of its power, the Authority is hereby authorized to issue bonds, debentures, or revenue bonds for the purpose of (i) paying all or any part of the cost of any project of the Authority, or (ii) refunding any indebtedness of the Authority incurred in connection with the payment of all or any part of the cost of any such project; such bonds, debentures, and revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the laws of Georgia, as though such bonds, debentures, or revenue bonds had originally been authorized to be issued under the `Revenue Bond Law,' approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended; provided, however, that the interest rate or rates to be borne by any bonds, debentures, or revenue bonds issued by the Authority shall be fixed by resolution of the Authority and any limitation with respect to interest rates found in the `Revenue Bond Law,' approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, or the usury laws of the State of Georgia shall not apply to obligations issued hereunder.,
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so that when so amended paragraph E shall read as follows: E. In order to finance any undertaking within the scope of its power, the Authority is hereby authorized to issue bonds, debentures, or revenue bonds for the purpose of (i) paying all or any part of the cost of any project of the Authority, or (ii) refunding any indebtedness of the Authority incurred in connection with the payment of all or any part of the cost of any such project; such bonds, debentures, and revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the laws of Georgia, as though such bonds, debentures, or revenue bonds had originally been authorized to be issued under the `Revenue Bond Law,' approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended; provided, however, that the interest rate or rates to be borne by any bonds, debentures, or revenue bonds issued by the Authority shall be fixed by resolution of the Authority and any limitation with respect to interest rates found in the `Revenue Bond Law,' approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, or the usury laws of the State of Georgia shall not apply to obligations issued hereunder. The judgment of validation shall be final, conclusive and forever incontestable as to the validity of the bonds and the security for the payment thereof, as well as all other matters, both substantive and procedural, relative to their issuance, and any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for the lawful debt of the 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 [] NO Shall the Constitution be amended so as to authorize the Gilmer County Industrial Development Authority to fix the interest rate to be borne by bonds, debentures, or revenue bonds issued by the authority and to provide that state usury laws shall not apply to such issues?
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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. MUSCOGEE COUNTYVALUATION OF HOMESTEAD PROPERTY. Proposed Amendment to the Constitution. No. 76 (House

Resolution No. 271). A RESOLUTION Proposing an amendment to the Constitution so as to provide for the valuation of certain homestead property in Muscogee County for purposes of ad valorem taxation for school and consolidated citycounty government purposes; to provide for other matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph III of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following paragraph: Subject to the conditions and limitations specified by law, homestead property in Muscogee County shall be valued for purposes of ad valorem taxation for school and citycounty consolidated government purposes based upon the fair market value of the property as of January 1, 1983; or as of January 1 of the first year when homestead exemption is allowed and claimed after January 1, 1983; or as of January 1 of the year following the last change of ownership after
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January 1, 1983, whichever is later. The value of any improvements which are made after the base fair market value is established and which require a building permit to be obtained shall be added to the established base fair market value. The provisions of this paragraph shall apply with respect to valuation of any homestead property only so long as the property is actually occupied by the owner primarily as a homestead and is claimed and qualifies for the homestead exemption allowed under Georgia law. As used in this paragraph, homestead shall have the meaning specified by law for purposes of exemption from taxation, except that the term shall include not more than two acres of land upon which the residence is located or which immediately surrounds the residence. For the purposes of this paragraph, any change of title between spouses shall not be considered a sale, purchase, or change of ownership. The assessed value of such homestead property for the purposes of taxation as specified in this paragraph shall be the value determined pursuant to this paragraph multiplied by the percentage specified by law for assessment of tangible property; provided, however, in case of error, or in case incorrect information is provided, the Board of Tax Assessors may make correction to the January 1, 1983, value; or the value on January 1 of the first year when homestead exemption was allowed and claimed after January 1, 1983; or the value on January 1 of the year following the last change of ownership after January 1, 1983, whichever is later. This paragraph shall not affect state taxation. 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 [] NO Shall the Constitution be amended so as to provide for assessment of homestead property in Muscogee County for ad valorem tax purposes based upon the value of the property on January 1, 1983; or as of January 1 of the first year when homestead exemption is allowed and claimed after January 1, 1983; or as of January 1 of the year following the last change of ownership after January 1, 1983, whichever is later?
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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 PALMETTOHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 77 (House Resolution No. 307). A RESOLUTION Proposing an amendment to the Constitution so as to provide a homestead exemption of $8,000.00 from all Palmetto ad valorem taxes for each resident of the City of Palmetto who is 65 years of age or older having an adjusted gross income, with certain exclusions, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, which does not exceed $8,000.00 for the immediately preceding taxable year for income tax 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 striking therefrom the following: Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Palmetto who is sixty-five years of age or over and who does not have an income from all sources, including the income of his spouse who is living in the home of said resident, exceeding $4,000.00 for the immediately preceding taxable year for State of Georgia income tax purposes, is hereby granted an
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exemption of $4,000.00 on his homestead from all ad valorem taxation by the City of Palmetto as long as any such resident of the City of Palmetto 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 City of Palmetto. 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 Palmetto, or with a person designated by the governing authority of the City of Palmetto, giving his age and the amount of income which he receives and the income which his spouse receives and such additional information relative to receiving the benefits of such exemption as will enable the governing authority of the City of Palmetto, or the person designated by the governing authority of the City of Palmetto, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Palmetto, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1974., and inserting in lieu thereof the following: Any other provision of this Constitution to the contrary notwithstanding, each resident of the City of Palmetto who is 65 years of age or older is hereby granted an exemption from all City of Palmetto ad valorem taxes, except those 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 $8,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, adjusted gross income shall be as defined by the Internal Revenue Code of 1954, as now or hereafter amended, but 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 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 adjusted gross 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
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herein, the taxpayer or his agent must file an affidavit with the city clerk of Palmetto giving his age and the amount of adjusted gross income which he and his spouse received during the last taxable year for federal income tax purposes and such additional information relative to receiving the benefits of such exemption as will enable the city clerk to make a determination as to whether such owner is entitled to such tax exemption. The city shall provide affidavit forms for this purpose. Such application shall be processed in the same manner as other applications for homestead exemption; and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. It shall not be necessary that a homeowner make application and file said affidavits each year thereafter before said exemption shall be continued. It shall be the duty of any such person to notify the city clerk 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, 1982. 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 [] NO Shall the Constitution be amended so as to provide a homestead exemption of $8,000 from all Palmetto ad valorem taxes for each resident of the City of Palmetto who is 65 years of age or older having an adjusted gross income, with certain exclusions, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, which does not exceed $8,000.00 for the immediately preceding taxable 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.
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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. BULLOCH COUNTYALLOCATION OF LOCAL SALES AND USE TAX. Proposed Amendment to the Constitution. No. 78 (House Resolution No. 338). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to allocate a percentage of the proceeds of any local sales and use tax levied within Bulloch County to the Bulloch County school system and to include provisions relative to a reduction in the ad valorem millage rate 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 IX, Section IV, Paragraph III of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows: The General Assembly, by local law, may allocate a percentage of the proceeds of any local sales and use tax levied within Bulloch County, regardless of by whom the tax is levied, to the Bulloch County

school system. The ad valorem tax millage rate levied for the use of the Bulloch County school system (for its fiscal year beginning July 1, 1983) shall be reduced effective for the taxable year beginning January 1, 1983, and each taxable year thereafter, by a millage rate, which, if levied against the nonexempt tangible property within the Bulloch County school district, would produce an amount of revenue equal to the percentage of the proceeds of the local sales and use tax
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received, or to have been received, by the school system in the immediately preceding school system fiscal year. In the event a local sales and use tax is not initially levied within Bulloch County effective July 1, 1983, its inception shall not thereafter begin until July 1 of 1984, or the succeeding July 1. The General Assembly in such local law may provide for conditions and limitations on the subject of this paragraph if not in conflict with 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 [] NO Shall the Constitution be amended so as to authorize the General Assembly to allocate a percentage of the proceeds of any local sales and use tax levied within Bulloch County to the Bulloch County school system and to include provisions relative to a reduction in the ad valorem millage rate for school 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.
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SPALDING COUNTYJURISDICTION OF JUSTICES OF THE PEACE. Proposed Amendment to the Constitution. No. 79 (House Resolution No. 339). A RESOLUTION Proposing an amendment to the Constitution so as to increase jurisdiction of civil cases over which the Justices of the Peace of Spalding 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 Spalding 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 one thousand dollars, and shall sit monthly at fixed times and places, but in all cases there may be an appeal to a jury in said court, or an appeal to the superior court under such 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 [] NO Shall the Constitution be amended so as to increase the jurisdiction of civil cases over which the Justices of the Peace of Spalding County shall have jurisdiction?
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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. SPALDING COUNTYSALES AND USE TAX. Proposed Amendment to the Constitution. No. 80 (House Resolution No. 356). A RESOLUTION Proposing an amendment to the Constitution so as to declare the construction of certain public facilities in Spalding County to be an essential governmental function; to authorize Spalding County to levy a one percent retail sales and use tax on sales and uses within the County to provide funds for the financing of such public facilities; to provide for the submission of this proposed amendment for ratification; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section V, Paragraph II of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following: The construction of certain public facilities in Spalding County is an essential governmental function and a public purpose for which the power of taxation may be exercised and public funds may be expended. In furtherance of the achievement of such public purposes, the County is hereby authorized, from and after the effective date for the
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tax herein imposed and established by the General Assembly, to levy a retail sales and use tax upon the retail purchase,

retail sale, rental, storage, use or consumption of tangible personal property, and upon the services described and set forth in the Georgia Retailers' and Consumers' Sales and Use Tax Act, on sales, uses and services rendered within the geographical area of the County. The tax imposed shall correspond, so far as is practicable, except as to rate, with the tax imposed by the State Sales Tax Act. The tax when levied shall be at the rate of one percent and shall be added to the tax collected pursuant to the State Sales Tax Act. The proceeds of the tax herein imposed shall be used solely to acquire, build, equip or lease public facilities. The imposition of said tax and its collection by the County for the aforesaid uses are hereby declared essential to the achievement of the public purpose mentioned herein. The right to levy a retail sales and use tax as created by this amendment shall terminate when all debt to which said tax has been pledged as security has been retired or refunded. The General Assembly shall by enactment prescribe such other rules as may be necessary for the collection and administration of said tax and the distribution of the funds collected pursuant thereto. The funds collected pursuant to the tax herein imposed shall be used to achieve the public purpose mentioned herein under such terms and conditions as the General Assembly shall by enactment prescribe. The foregoing and each and every enactment of the General Assembly pursuant thereto, shall be liberally construed to effectuate the public purpose mentioned herein and shall not be limited by any existing provisions of or amendment to this Constitution or any general or special law heretofore enacted, and the authority granted hereby to the General Assembly may be exercised by general, special, or local laws without regard to uniformity. 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 [] NO Shall the Constitution be amended so as to declare the construction of certain public facilities in Spalding County as an essential governmental function and a public purpose and to authorize Spalding County to levy a retail sales and use tax to provide funds for the implementation of such public purpose? 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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OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 22, 1981 George Busbee Governor Honorable Zell Miller Lieutenant Governor of Georgia President of the Senate State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Miller: I have vetoed Senate Bills 43, 69, 157 and 353 which were passed by the General Assembly of Georgia at the 1981 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 Thomas B. Murphy, Speaker, House of Representatives 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
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OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 22, 1981 George Busbee Governor Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Speaker Murphy: I have vetoed House Bills 58, 130, 377, 432, 639, 1021, 1063 and 272 which were passed by the General Assembly of Georgia at the 1981 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
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Veto No. 1S. B. 43 by Senator Barnes of the 33rd Senate Bill 43 and House Bill 101 accomplish the same objectives and are practically verbatim in their textual content. The authors of both bills have consulted and arrived at the mutual

decision that House Bill 101 is the more preferable bill to accomplish the technical amendments necessary to amend the Uniform Commercial Code to redefine the term public sale. Therefore, the author of Senate Bill 43 requested that I sign into law House Bill 101 and veto Senate Bill 43. I have done so. Veto No. 2S. B. 69 by Senator Coverdell of the 40th Senate Bill 69 would make an employer who is engaged in the business of operating taxicabs liable for the actions of an independent contractor who intentionally causes unlawful detention, injuries or damages to other persons or property. Presumably the employer would remain insulated from the responsibility for the tortius conduct of the contractor if the negligence of the contractor is not intentional. To place upon an employer the responsibility to respond to injuries occasioned by an independent contractor who is not subject to the immediate direction and control of the employer is a proposition which in certain limited instances the General Assembly has addressed and found to be in the public interest. However, to require the employer to bear the burden of responding to the intentional tortious conduct of an independent contractor is an unconscionable burden to place upon the employer. Regardless of the care, prudence and sound judgment which might be exercised by the employer in selecting his contractor, it is a burden far too onerous to place upon the employer the requirement to possess the clairvoyance which is required to determine that the contractor will not under any of the myriad circumstances in which the contractor will be operating that he will not intentionally commit tortious acts. There is an over-whelming presumption that ordinary men of good will would not intentionally injure their fellow citizens. The insurance industry in general, for reasons of sound public policy, will not insure against intentional torts. An employer engaged in the taxi business would not only be required to respond for damages caused by a contractor operating one of the employer's vehicles, but to all intentional damages caused by any independent contractor employed in any capacity by the employer. It is not in the public interest to require an employer to bear the responsibility of meeting damages occasioned by the willful
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and intentional conduct of a contractor who is not subject to the immediate direction or control by the employer. Veto No. 3S. B. 157 by Senator Sutton of the 9th Senate Bill 157 amends the Employees' Retirement System of Georgia to: 1) transfer all creditable service acquired under the Georgia Legislative Retirement System to the Teachers' Retirement System or Employees' Retirement System at such time as a former member of LRS is employed in a position which is covered by TRS or ERS. 2) authorize a member of ERS to purchase service credits for active duty rendered in the armed forces of the United States at any time from January 1, 1954 until January 1, 1956. 3) remove the 4 percent maximum assumption for rates of interest earnings which are used in actuarial computations by the retirement system board of trustees. 4) permit otherwise mandatory retirement ages to be waived by the Board of Natural Resources for a conservation ranger in order to permit the ranger to accumulate 27 years of total creditable service in lieu of the presently imposed 25 year limit. Three separate and distinct legal problems with the bill have been called to my attention. The first problem concerns the failure of the General Assembly to incorporate within the title of the bill the necessary language to cover the provisions which provide for the transfer of legislative service into TRS. The second problem concerns the implications of Section 1 which effect changes within three separate and distinct retirement systems which are the creatures of three separate and distinct acts of the General Assembly. The final legal deficiency concerns itself with the allegations that the General Assembly failed to observe and follow its own rules of legislative procedure and the possible violation of certain statutory requirements during the legislative processes leading to the enactment of Senate Bill 157. In my opinion, none of the legal deficiencies standing alone are of sufficient magnitude to lead me to conclude that we have a patently unconstitutional bill which would demand an executive veto. The service credit for military service provisions would result in an estimated unfunded liability to the system of approximately 14.7 million dollars. The fiscal impact of Section 1 has been impossible to determine. The remaining provisions of the
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bill have little or no adverse fiscal impact upon the systems. There is nothing novel or unique about ERS permitting legislative service to achieve creditable service for ERS retirement purposes. In 1971, all 261 members of the General Assembly who were members of LRS were transferred by operation of law into ERS and received under ERS as creditable service, year for year, that time which was acquired by the member as creditable service under LRS. From 1971 until now, and in the future, each member of the General Assembly who is a member of ERS receives credit for each year of service which he accumulates as a member of the General Assembly. Prior to 1971, former members of the General Assembly who subsequently became members of ERS, pursuant to legislative enactments, have been permitted to receive creditable service for their time spent as a member of the General Assembly. I have received several communications from members of the General Assembly subsequent to the enactment of the bill requesting that I exercise my veto authority, notwithstanding the face that the legislator had approved of the bill at the time of his vetoexplaining that at the

time he voted for the bill, he did not understand that the proposal would authorize legislative service to become creditable service under ERS or TRS. It is difficult to sustain this lack of understanding on the basis that the language of the bill is confusing or misleading because such is not the case. The provisions of Section 1 in very simple, precise and declarative, English statements make it plain and unambiguous that precisely the effect of Section 1 is to authorize such service transfers. What is not clear and readily ascertainable from reading the provisions of Section 1 is the very distinct possibility that if Senate Bill 157 is allowed to become law a member of the General Assembly who later becomes employed in a position covered by ERS or TRS, if his retirement benefits have become vested under LRS, could reap the benefits of both LRS and ERS or TRS by using that time expended as a member of the General Assembly as creditable service under of the two systems. The policy implications raised by the possibility of double dipping, in all fairness to the members of the General Assembly on each side of the question, did not become an important issue until after enactment and resulted only then from the benefit of sufficient time which allowed reflective analysis of the implications. This opportunity was not available to the General Assembly. A veto based solely on the policy issue of allowing legislative service to be transferred into other retirement systems cannot be sustained upon past historical policy decisions of former General Assemblys and Governors. History
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reveals many instances of such policy executions without the public outrage now being experienced. Because of the uncertainty of the implications of Section 1 of the bill, I will not allow the bill to become law and perpetuate this uncertainty as to the status of vested retirement benefits under LRS and which most assuredly will necessitate litigation ultimately to resolve this uncertainty. I do not foresee any irreparable injury which will result if an opportunity to carefully review each policy objective sought to be accomplished by Senate Bill 157 is postponed until the next session of the General Assembly. Veto No. 4S. B. 353 by Senator Littlefield of the 6th Senate Bill 353 is a local bill affecting only Camden County. Subsequent to the passage of Senate Bill 353, additional legislation accomplishing the objectives sought by Senate Bill 353's passage was adopted in more preferable form. Accordingly, pursuant to the request of the author of Senate Bill 353, I have vetoed this bill. Veto No. 5H. B. 58 by Representative Johnson of the 66th House Bill 58 would require that persons 65 years of age or older who do not desire to serve upon juries must notify the jury commissioners in writing of such fact and their names would then be removed from the jury list. Presently, the name of a person 65 years of age or older is removed from the jury list unless the jury commissioners are notified in writing that such an individual desires to serve upon juries. I am concerned that many of our citizens who are 65 years of age or older who do not care to serve upon juries will not be sufficiently aware that affirmative action is required to prevent them from being summoned for jury duty. If a burden of notification is to be imposed, I prefer that those actively desiring to serve bear the burden. I am in sympathy with the desire of the author of House Bill 58 to facilitate and encourage the service of our most experienced and wise citizens as jurors. In discussing my concerns with this legislation with the author, I have been informed that if my concerns should result in my disapproval of the bill, he intends to sponsor legislation at the next session of the General Assembly designed to facilitate the notification processes necessary to have the names of persons 65 years of age and older desiring to serve on juries placed on the jury list. In my judgment, such an approach to the problem is preferable to the solution embraced in House Bill 58. Accordingly, I have
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vetoed the bill. Veto No. 6H. B. 130 by Representatives Thomas of the 66th, Lawson of the 9th, Fuller of the 16th and others House Bill 130 provides that the operator of a motor vehicle owes to his passengers the duty to exercise ordinary care for their safety. I question the wisdom of any proposal which could result in requiring that a single degree of care is applicable to all passengers of motor vehicles regardless of the status of the operator and without regard to the paying status of the passenger. Presently operators of motor vehicles transporting passengers for hire must exercise extraordinary diligence to protect the lives and persons of their passengers, such as school children. For sound reasons of public policy, Georgia has required those who voluntarily choose to earn their livelihood by engaging in the business of transporting for compensation passengers to be inordinately attentive to the safety of those who have entrusted the care of their persons and property to the carrier. Conversely, a guest passenger who bears no portion of the burden of the responsibility for his transportation can recover only those damages which he suffers as a result of the conduct of a grossly negligent operator of a motor vehicle. I support the longstanding differential treatment prescribed by case and statutory law for paying and nonpaying passengers within motor vehicles. I see no reason to permit this demonstrated, good, public policy to be altered. Therefore, I have vetoed House Bill 130. Veto No. 7H. B. 377 by Representatives Snow of the 1st, Walker of the 115th, Evans of the 84th and others House Bill 377 would authorize a district attorney or solicitor to enter a nolle prosequi in any pending indictment or accusation except during those periods of time in which it has been determined

that the prosecuting official will not succeed himself without the necessity of securing the consent of the court. Presently a nolle prosequi may be entered only after an examination of the case has been conducted in open court and the court has consented to its entry. It is my belief that the present law is an important aspect of the checks and balances system of our government and constitutes an integral part of those procedures which contribute immeasurably to the degree of confidence in which our judicial processes are held by the
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public. The present system has operated well for more than 100 years. I am not persuaded that a change allowing a unilateral decision of dismissal would be in the best interests of the public. Therefore, I have vetoed House Bill 377. Veto No. 8H. B. 432 by Representatives Colwell of the 4th, Mullinax of the 69th, Twiggs of the 4th and others House Bill 432 as originally introduced simply permitted corporate officers of a corporation to elect noncoverage of workers' compensation insurance. Separate and distinct legislation (Senate Bill 379) was proceeding through the legislative process which was designed to amend the Insurance Code to make applicable to workers' compensation insurance the open competition rating concept which is in place for insurance ratemaking purposes for fire and casualty insurance. At the closing stages of the General Assembly session, in anticipation of the passage of Senate Bill 379, House Bill 432 was amended to conform the workers' compensation title to the proposed changes contemplated to be brought about by the passage of Senate Bill 379. However, Senate Bill 379 did not pass. Without the necessary mechanics found within Senate Bill 379, I am informed by the Insurance Commissioner that if House Bill 432 were allowed to become law, the ability of the Insurance Department to regulate workers' compensation rates would be seriously undermined. For this reason, I have vetoed House Bill 432. Veto No. 9H. B. 639 by Representatives Dent of the 85th and Cheeks of the 98th House Bill 639 amends the Act which created the Augusta-Richmond County Coliseum Authority to delete therefrom the power of the Authority to sue and be sued. Additionally, the bill declares that the General Assembly reaffirms the proposition that the doctrine of sovereign immunity is applicable to the Authority. The General Assembly has created by legislative enactment literally hundreds of authorities in order to bring to fruition projects which the State or its political subdivisions could not otherwise execute or carry out with the degree of facility which an authority's capabilities permitted. In order to permit these activities, it has been paramount that it be abundantly clear that the particular authority is not the alter ego of the State or is not the alter ego of one of the State's political subdivisions. Otherwise, the flexibility of the authority's powers
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and duties could be limited by many of the restrictions which are applicable to the State, its agencies and political subdivisions. To permit a declaration by the General Assembly to become enshrined in the State's statutory law that the applicability of the doctrine of sovereign immunity to this particular Authority is reaffirmed has unfathomed implications which could be adverse to the interests of all authorities. I cannot permit this uncertainty to jeopardize the various projects being operated by hundreds of authorities. Therefore, I have vetoed House Bill 639. Veto No. 10H. B. 1021 by Representatives Burruss and Aiken of the 21st, Darden and Wilson of the 19th House Bill 1021 is a local bill affecting only Cobb County. After its passage, it was discovered that House Bill 1021 would accomplish unintended changes. Therefore, pursuant to the request of the delegation representing Cobb County, I have vetoed House Bill 1021. Veto No. 11H. B. 1063 by Representatives Childs of the 51st, Burton of the 47th, Hawkins of the 50th and others House Bill 1063 was one of a series of bills updating the population figures of certain population acts. In updating the population figures for one county affected by House Bill 1063, another county was inadvertently excluded. Therefore, pursuant to the request of the author of House Bill 1063, I have not allowed the bill to become law. Veto No. 12H. B. 272 by Representative Murphy of the 18th House Bill 272 would provide that an applicant for certification as a peace officer would not be disqualified by virtue of the fact that the applicant had been convicted of a felony if the applicant has received a pardon for the crime for which he was convicted. The democratic processes of this Nation and State are no more nobly or appropriately illustrated than through the observance of the legislative process. It is through these processes, in a forum composed of a widely representative and diverse body, that the people's will is determined. It is through these processes that a proposal which is the subject matter of a bill or resolution is probed, evaluated, and debated and perfected.
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If is within this crucible of the committee system, of free and open floor debate, that proposals which are not worthy are rejected, that proposals which are commendable but flawed are perfected and honed to the fine cutting edge required of all proposals which will become the stated public policy of this State. House Bill 272 represents no better example or more

dramatically illustrates the failure of the legislative process to function as it is intended and in a manner in which it must operate if the people's interest is to be adequately adhered to by the General Assembly of Georgia. The General Assembly is the voice of the people and represents the collective wisdom of this State's citizens. House Bill 272 received one negative vote and 191 affirmative votes in the General Assembly. No other measure passed by the General Assembly which is before me has received a larger negative response from the public in general and from the law enforcement community in particular. I can state that, judging by my mail, it is the most disfavored bill or resolution which I have had under consideration. If any law enforcement or criminal justice agency supports House Bill 272, I am not aware of it. My impression, gleaned from my mail, leads me to believe that the law enforcement community unanimously disapproves of the concept of House Bill 272. To my knowledge, local government officials have no other opinion for this legislation other than of a negative nature. It is a disservice to the proponent of any legislative proposition that he be denied the opportunity to profit from the views and suggestions of those who find fault with the merits of his proposal. It is a disservice to the people of this State also that only after a bill has completed its travels through two substantive committees of the General Assembly charged with reviewing and perfecting legislation dealing with issues of public safety, and then after scrutiny and debate by all 236 of the people's elected representatives, that the public's view of the legislation which is now so universally banned as unwise, led only one member of the General Assembly to express a negative response to this proposal. The bill passed with no amendments offered or accepted. I have shared public service with the author of this bill for more than twenty years. I do not believe for one moment that the expressions of almost universal opposition to the solution which he deemed to be correct and appropriate for the perceived problem would have gone unheeded if he had been made aware of the degree of disfavor in which his proposal was held. The author determined that in fact the present processes for the administration of the certification of peace officers permits
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convicted felons, who are artful enough to conceal their convictions, to be certified as acceptable peace officers. Those applicants lacking such artfulness cannot be certified. He proposed a solution to the problem. His fellow legislators tested the winds of public opinion and then embraced his suggested solution without change or opposition. I now must judge the merits of the bill possessed with the knowledge which I have of its public acceptance. I am persuaded that the approach suggested by House Bill 272 to the problem is not the best solution to a very real problem which has been brought to the public's attention by the author of this bill. I believe that it is imperative that the people continue to enjoy the highest regard for, and continue to repose the highest confidence in, the integrity and professional capabilities of those who are charged with the responsibility to protect their lives and property from the criminal element. If I were to sign House Bill 272, I am convinced that the public's confidence in their law enforcement personnel and sense of security would be seriously undermined. Therefore, I have vetoed House Bill 272 with the hope that a more appropriate solution to a very real and present problem will be found at the next session of the General Assembly.
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COUNTIES AND SUPERIOR COURT CIRCUITS
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APPELLATE COURTS SUPREME COURT OF GEORGIA As of May 1, 1981 ROBERT H. JORDAN Chief Justice HAROLD N. HILL, JR. Presiding Justice HIRAM K. UNDERCOFLER Associate Justice THOMAS O. MARSHALL Associate Justice HAROLD G. CLARKE Associate Justice GEORGE T. SMITH Associate Justice HARDY GREGORY, JR. Associate Justice JOLINE BATEMAN WILLIAMS Clerk HAZEL E. HALLFORD Deputy Clerk GUY M. MASSEY Reporter W. SCOTT HENWOOD Assistant Reporter COURT OF APPEALS OF GEORGIA As of May 1, 1981 J. KELLEY QUILLIAN Chief Judge BRASWELL D. DEEN, JR. Presiding Judge WILLIAM LEROY MCMURRAY, JR. Presiding Judge ARNOLD SHULMAN Presiding Judge HAROLD R. BANKE Judge ANDREW W. BIRDSONG, JR. Judge GEORGE H. CARLEY Judge JOHN W. SOGNIER Judge MARION T. POPE, JR. Judge ALTON HAWK Clerk DONALD L. SHIVER Special Deputy Clerk GUY M. MASSEY Reporter W. SCOTT HENWOOD Assistant Reporter
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SUPERIOR COURTS JUDGES, DISTRICT ATTORNEYS AND CALENDAR As of June 4, 1981 ALAPAHA CIRCUIT. HONS. W.D. JACK KNIGHT, Chief Judge, Berrien County Courthouse BROOKS E. BLITCH, Judge,

Clinch County Courthouse VICKERS NEUGENT, D.A., Lanier County Courthouse AtkinsonThird Monday in January and October BerrienThird Monday in February and November ClinchFirst Monday in March and November CookFirst Monday in February and October Lanier: Second Monday in January and September ALCOVY CIRCUIT. HONS. THOMAS W. RIDGWAY, Chief Judge, Walton County Courthouse GREELEY ELLIS, Judge, Newton County Courthouse J.W. (JIM) MORGAN, D.A., Newton County Courthouse NewtonSecond and third Mondays in January, April, July and October WaltonFirst and second Monday in February, May, August and November ATLANTA CIRCUIT. HONS. LUTHER ALVERSON, Chief Judge, Fulton County Courthouse SAM P. MCKENZIE, OSGOOD O. WILLIAMS, JOHN S. LANGFORD, JOEL J. FRYER, CHARLES L. WELTNER, RALPH H. HICKS, FRANK M. ELDRIDGE, WILLIAM W. DANIEL, ISAAC JENRETTE, CLARENCE COOPER, Judges, Fulton County Courthouse LEWIS R. SLATON, D.A., Fulton County Courthouse FultonFirst Monday in January, March, May, July, September and November ATLANTIC CIRCUIT. HONS. JOHN R. HARVEY, Chief Judge, Bryan County Courthouse JAMES E. FINDLEY, Judge, Tattnall County Courthouse DUPONT K. CHENEY, D.A., Liberty County Courthouse BryanThird Monday in March; first Monday in November EvansFirst Monday in February and August LibertyThird Monday in February and September LongFirst Monday in March; third Monday in August McIntoshFourth Monday in February and May; second Monday in September; first Monday in December TattnallThird Monday in April October
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AUGUSTA CIRCUIT. HONS. WILLIAM M. FLEMING, JR., Presiding Judge, Richmond County Courthouse FRANKLIN H. PIERCE, ALBERT MCELVEEN PICKETT, BERNARD J. MULHERIN, SR., Judges, Richmond County Courthouse SAM B. SIBLEY, JR., D.A., Richmond County Courthouse BurkeSecond Monday in May and November ColumbiaFourth Monday in March and September RichmondThird Monday in January, March, May, July, September and November BLUE RIDGE CIRCUIT. HONS. RICHARD B. NEVILLE, JR., Senior Judge, Forsyth County Courthouse FRANK C. MILLS, III, Judge, Cherokee County Courthouse RAFE BANKS, III, D.A., Forsyth County Courthouse CherokeeSecond Monday in January, May, and September FanninThird Monday in April, fourth Monday in August; first Monday in December ForsythFourth Monday in March and July; second Monday in November GilmerThird Monday in May; fourth Monday in October PickensSecond Monday in March; fourth Monday in September BRUNSWICK CIRCUIT. HONS. GORDON KNOX, JR., Chief Judge, Jeff Davis County Courthouse WILLIAM R. KILLIAN, A. BLEN TAYLOR, JR., Judges, Glynn County Courthouse GLENN THOMAS, JR., D.A., Wayne County Courthouse ApplingSecond and third Monday in February, third and fourth Monday in October CamdenFirst Monday in April and November GlynnSecond Monday in January, May and September Jeff DavisFirst and second Monday in March; fourth Monday in September; first Monday in October WayneThird and fourth Monday in April and November CHATTAHOOCHEE CIRCUIT. HONS. JOHN H. LAND, Presiding Judge, Muscogee County Courthouse E. MULLINS WHISNANT, KENNETH B. FOLLOWILL, ALBERT W. THOMPSON, Judges, Muscogee County Courthouse WILLIAM J. SMITH, D.A., Muscogee County Courthouse ChattahoocheeFourth Monday in March and September HarrisSecond Monday in January, May and September MarionFourth Monday in April and October MuscogeeFirst Monday in February, April, June, August, October, and December TalbotSecond Monday in March and November; third Monday in August TaylorFirst and second Monday in January and July
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COWETA CIRCUIT. HONS. JOSEPH C. JACKSON, Chief Judge, Troup County Courthouse DEWEY SMITH, WILLIAM LEE, Judges, Carroll Courthouse ART MALLORY, D.A., Troup County Courthouse CarrollFirst Monday in April and October CowetaFirst Monday in March; first Tuesday in September HeardThird Monday in March and September MeriwetherThird Monday in February, May, August and November TroupFirst Monday in February, May, August and November DOUGHERTY CIRCUIT. HONS. ASA D. KELLEY, JR., Chief Judge, Dougherty County Courthouse LEONARD FARKAS, Judge, Dougherty County Courthouse HOBART (HOBIE) HIND, D.A., Dougherty County Courthouse DoughertySecond Monday in January, March, May, July, September and November DUBLIN CIRCUIT. HONS. WILLIAM MALCOLM TOWSON, Chief Judge, Laurens County Courthouse DUBIGNION DOUGLAS, Judge, Laurens County Courthouse BEVERLY B. HAYES, JR., D.A., Laurens County Courthouse JohnsonThird Monday in March, June, September and December LaurensFourth Monday in January, April, July and October TreutlenThird Monday in February and August TwiggsSecond Monday in January, April, July and October EASTERN CIRCUIT. HONS. GEORGE E. OLIVER, Chief Judge, Chatham County Courthouse FRANK S. CHEATHAM, JR., PERRY BRANNEN, JR., EUGENE H. GADSDEN, Judges, Chatham County Courthouse SPENCER LAWTON, JR., D.A., Chatham County Courthouse ChathamFirst Monday in March, June, September and December FLINT CIRCUIT. HONS. SAM L. WHITMIRE, Chief Judge, Lamar County Courthouse R. ALEX

CRUMBLEY, Judge, Henry County Courthouse E. BYRON SMITH, D.A., Lamar County Courthouse ButtsFirst and second Monday in February and November; first Monday in May; third and fourth Monday in August HenrySecond, third and fourth Monday in January, April, July and October LamarFirst and second Monday in March, June and December; second and third Monday in September MonroeThird and fourth Monday in February, May and November; first and second Monday in August
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CHEROKEE CIRCUIT. HONS. JERE F. WHITE, Chief Judge, Bartow County Courthouse ROBERT THOMAS POPE, Judge, Gordon County Courthouse DARRELL WILSON, D.A., Gordon County Courthouse BartowFirst Monday in February and August; fourth Monday in April; third Monday in October GordonFirst Monday in March and December; first Monday in June; second Monday in September CLAYTON CIRCUIT. HONS. MARVIN A. MILLER, Chief Judge, Clayton County Courthouse JOE C. CRUMBLEY, WILLIAM H. ISON, Judges, Clayton County Courthouse ROBERT E. KELLER, D.A., Clayton County Courthouse ClaytonFirst Monday in February, May, August and November COBB CIRCUIT. HONS. JAMES L. BULLARD, Chief Judge, Cobb County Courthouse WATSON WHITE, GRANT BRANTLEY, DOROTHY A. ROBINSON, Judges, Cobb County Courthouse TOM CHARRON, D.A., Cobb County Courthouse CobbSecond Monday in January, March, May, July, September and November CONASAUGA CIRCUIT. HONS. COY H. TEMPLES, Chief Judge, Whitfield County Courthouse CHARLES A. PANNELL, JR., Judge, Murray County Courthouse STEPHEN A. WILLIAMS, D.A., Whitfield County Courthouse MurraySecond Monday in February and August WhitfieldSecond Monday in January and July CORDELE CIRCUIT. HONS. WHITFIELD R. FORRESTER, Chief Judge, Crisp County Courthouse G. MALLON FAIRCLOTH, Judge, Crisp County Courthouse GARY C. CHRISTY, D.A., Dooly County Courthouse Ben HillSecond and third Monday in January; first and second Monday in April; third and fourth Monday in June and September and Monday following. CrispThird and fourth Monday in February and Monday following; second, third, and fourth Monday in May; second and third Monday in August; second, third and fourth Monday in November. DoolyFourth Monday in January and Monday following; third and fourth Monday in April; third and fourth Monday in July; third and fourth Monday in October. WilcoxSecond and third Mondays in March; fourth Monday in August and Monday following; first and second Monday in December
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GRIFFIN CIRCUIT. HONS. ANDREW J. WHALEN, JR., Chief Judge, Spalding County Courthouse BEN J. MILLER, Judge, Upson County Courthouse JOHNNIE L. CALDWELL, JR., D.A., Upson County Courthouse FayetteFirst Monday in March; second Monday in September PikeThird Monday in April and November SpaldingFirst Monday in February, June and October UpsonThird Monday in March and August; first Monday in November GWINNETT CIRCUIT. HONS. CHARLES C. PITTARD, Chief Judge, Gwinnett County Courthouse REID MERRITT, HOMER M. STARK, Judges, Gwinnett County Courthouse WILLIAM BRYANT HUFF, D.A., Gwinnett County Courthouse GwinnettFirst Monday in January, March, May, July and November; second Monday in September HOUSTON CIRCUIT. HONS. WILLIS B. HUNT, JR., Judge, Houston County Courthouse THERONE FINLAYSON, D.A., Houston County Courthouse HoustonFirst Monday in January, March, May, July, September and November LOOKOUT MOUNTAIN CIRCUIT. HONS. PAUL W. JOHNNY PAINTER, Chief Judge, Walker County Courthouse JOSEPH E. LOGGINS, Judge, Chattooga County Courthouse GARY B. ANDREWS, Judge, Walker County Courthouse DAVID L. (RED) LOMENICK, JR., D.A., Walker County Courthouse CatoosaFirst Monday in March, second Monday in September ChatoogaFirst Monday in February and August DadeFirst Monday in April, second Monday in October WalkerFirst Monday in May and November MACON CIRCUIT. HONS. C. CLOUD MORGAN, Chief Judge, Bibb County Courthouse GEORGE B. CULPEPPER, III, Judge, Peach County Courthouse WALKER P. JOHNSON, JR., Judge, Bibb County Courthouse WILLIS SPARKS, D.A., Bibb County Courthouse BibbFirst Monday in February, April, June, August, October and December CrawfordThird and fourth Monday in March and October PeachFirst and second Monday in March and August; third and fourth Monday in November
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MIDDLE CIRCUIT. HONS. WALTER C. MCMILLAN, JR., Chief Judge, Washington County Courthouse MARVIN B. HARTLEY, JR., Judge, Toombs County Courthouse H. REGINALD THOMPSON, D.A., Emanuel County Courthouse CandlerFirst and second Monday in February and August EmanuelSecond Monday in January, April, July and October JeffersonSecond Monday in May and November ToombsFourth Monday in February, May, August and

November WashingtonFirst Monday in March, June, September and December MOUNTAIN CIRCUIT. HONS. JACK N. GUNTER, Judge, Habersham County Courthouse V.D. STOCKTON, D.A., Rabun County Courthouse HabershamFirst Monday in January; fourth Monday in April; first Monday in August RabunThird Monday in February; fourth Monday in May; fourth Monday in October StephensSecond Monday in January; third Monday in May; first Monday in September TownsFirst Monday in April and November UnionFourth Monday in February; second Monday in September NORTHEASTERN CIRCUIT. HONS. A. RICHARD KENYON, Chief Judge, Hall County Courthouse JAMES E. PALMOUR, III, Judge, Hall County Courthouse JEFF C. WAYNE, D.A., Hall County Courthouse DawsonFirst Monday in February and August HallFirst Monday in May and November; second Monday in January, March, July and September LumpkinFourth Monday in February and August WhiteFirst Monday in April and October NORTHERN CIRCUIT. HONS. WILLIAM F. GRANT, Chief Judge, Elbert County Courthouse GEORGE H. BRYANT, Judge, Madison County Courthouse CLEVE MILLER, D.A., Elbert County Courthouse ElbertThird Monday in January; fourth Monday in July FranklinThird Monday in March; first Monday in August; third Monday in October HartThird Monday in February and October; fourth Monday in May; third Monday in April and October MadisonThird Monday in February and August OglethorpeThird Monday in May and November
Page 1955
OCMULGEE CIRCUIT. HONS. GEORGE L. JACKSON, Chief Judge, Jones County Courthouse JOSEPH B. DUKE, Judge, Putnam County Courthouse HUGH P. THOMPSON, Judge, Baldwin County Courthouse JOSEPH H. BRILEY, D.A., Jones County Courthouse BaldwinSecond Monday in January, April, July and October GreeneFourth Monday in January, April, July and October HancockFourth Monday in March and September; second Monday in June and December JasperSecond Monday in February, May, August and November JonesFirst Monday in February and August, third Monday in April and October MorganFirst Monday in March, June, September and December PutnamThird Monday in March, June, September and December WilkinsonFirst Monday in January, April, July an October OCONEE CIRCUIT. HONS. ROGER HUGH LAWSON, JR., Chief Judge, Pulaski County Courthouse PHILLIP R. WEST, Judge, Dodge County Courthouse JIM WIGGINS, D.A., Dodge County Courthouse BleckleyFirst Monday in March; second Monday in July and November DodgeThird Monday in February, May, August and November MontgomeryFirst Monday in February, May, August and November PulaskiSecond and third Monday in March and September; second Monday in June and December TelfairFourth Monday in February and June; third and fourth Monday in October WheelerSecond Monday in February and October; third Monday in June OGEECHEE CIRCUIT. HONS. WILLIAM COLBERT HAWKINS, Chief Judge, Screven County Courthouse FAYE SANDERS MARTIN, Judge, Bulloch County Courthouse J. LANE JOHNSTON, D.A., Bulloch County Courthouse BullochFirst Monday in February, May, August, and November EffinghamFirst Monday in June; and December JenkinsFirst Monday in March and September ScrevenSecond Monday in January; first Monday in April, July and October PATAULA CIRCUIT. HONS. A'DELBERT BOWEN, Judge, Randolph County Courthouse CHARLES M. FERGUSON, D.A., Randolph County Courthouse ClayThird Monday in March and November EarlyThird Monday in January and July MillerFourth Monday in February and October QuitmanFourth Monday in March and September RandolphFirst Monday in May and November SeminoleSecond Monday in April and October TerrellFirst Monday in June and December
Page 1956
PIEDMONT CIRCUIT. HONS. JAMES L. BROOKS, Judge, Jackson County Courthouse NAT HANCOCK, D.A., Jackson County Courthouse BanksFirst and second Monday in April and October BarrowFirst and second Monday in February and August; first Monday in May and November JacksonFirst and second Monday in March; second and third Monday in September ROME CIRCUIT. HONS. ROBERT L. ROYAL, Presiding Judge, Floyd County Courthouse JOHN A. FRAZIER, JR., ROBERT G. WALTHER, Judges, Floyd County Courthouse LARRY SALMON, D.A., Floyd County Courthouse 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, Mitchell County Courthouse ANTHONY WALLACE CATO, Judge, Decatur County Courthouse BEN L. BATEMAN, D.A., Mitchell County Courthouse BakerThird Monday in January and July Calhoun: Last Monday in May and November DecaturFirst Monday in February, May, August and November GradyThird Monday in March and September MitchellSecond Monday in January and July; third Monday in April and October SOUTHERN CIRCUIT. HONS. GEORGE A. HORKAN, JR., Chief Judge, Colquitt County Courthouse W. G. (GUS) ELLIOTT, Judge, Lowndes County Courthouse ROY M. LILLY, Judge, Thomas County Courthouse H. LAMAR COLE, D.A., Lowndes County Courthouse BrooksFirst Monday in April and November ColquittFirst Monday in February and August EcholsFirst Monday in February and August LowndesFirst Monday in March and the Tuesday immediately following the first Monday in

September ThomasFirst Monday in April and October
Page 1957
SOUTHWESTERN CIRCUIT. HONS. WILLIAM F. BLANKS, Judge, Macon County Courthouse JOHN R. PARKS, D.A., Sumter County Courthouse LeeFourth Monday in April and October MaconSecond Monday in May and November SchleySecond Monday in February and August StewartSecond Monday in January and July SumterFourth Monday in February, May and August; first Monday in December WebsterFourth Monday in January and July STONE MOUNTAIN CIRCUIT. HONS. WILLIAM T. DEAN, Chief Judge, Rockdale County Courthouse CLARENCE L. PEELER, JR., CURTIS V. TILLMAN, CLYDE HENLEY, KEEGAN FEDERAL, RICHARD BELL, HILTON FULLER, Judges, DeKalb County Courthouse BOB WILSON, D.A., DeKalb County Courthouse DeKalbFirst Monday in January, March, May, July, September and November RockdaleFirst Monday in February, May, August and November TALLAPOOSA CIRCUIT. HONS. DAN WINN, Chief Judge, Polk County Courthouse ROBERT J. NOLAND, Judge, Douglas County Courthouse ARTHUR W. FUDGER, Judge, Paulding County Courthouse W.A. (BILL) FOSTER, III, D.A., Paulding County Courthouse DouglasSecond Monday in February and December; third Monday in May and September HaralsonSecond Monday in April; fourth Monday in August and November PauldingSecond Monday in June and October PolkFourth Monday in January; first Monday in May and November TIFTON CIRCUIT. HONS. W. J. FOREHAND, Chief Judge, Tift County Courthouse JOHN D. CROSBY, Judge, Tift County Courthouse THOMAS H. PITTMAN, D.A., Tift County Courthouse IrwinThird and fourth Monday in February; second and third Monday in May and November TiftFirst Monday in March and September; first and second Monday in June and December TurnerSecond and third Monday in January and July; second Monday in April and October WorthFourth Monday in January, April, July and October
Page 1958
TOOMBS CIRCUIT. HONS. ROBERT L. STEVENS, Judge, McDuffie County Courthouse KENNETH E. GOOLSBY, D.A., McDuffie County Courthouse GlascockThird Monday in February, May, August and November LincolnFourth Monday in January, April, July and October McDuffieSecond Monday in March, June, September and December TaliaferroFourth Monday in February, May, August and November WarrenThird Monday in January; first Monday in April, July and October WilkesFirst Monday in February, May, August and November WAYCROSS CIRCUIT. HONS. BEN A. HODGES, Senior Judge, Ware County Courthouse ELIE L. HOLTON, Judge, Coffee County Courthouse C. DEEN STRICKLAND, D.A., Ware County Courthouse BaconFourth Monday in May and November BrantleyFirst Monday in February; first Tuesday in September CharltonFourth Monday in February and September CoffeeThird Monday in March and October PierceFirst Monday in May; second Monday in December WareSecond Monday in April and November WESTERN CIRCUIT. HONS. JAMES BARROW, Chief Judge, Clarke County Courthouse JOSEPH J. GAINES, Judge, Clarke County Courthouse HARRY N. GORDON, D.A., Oconee County Courthouse ClarkeSecond Monday in January, April, July and October OconeeSecond Monday in March and September
Page 1959
TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Bulloch County; allocation of local sales and use tax 1931 Bulloch County; tax rates, etc. 1916 Camden County; jurisdiction of probate court 1909 Chatham County; compensation of board of public education 1920 Chatham County; homestead exemptions 1917 Constitutional amendments; procedure 1911 Decatur, City of; homestead exemptions 1914 Gilmer County Industrial Development Authority 1923 Gwinnett County; homestead exemptions 1921 Muscogee County; valuation of homestead property 1926 Palmetto, City of; homestead exemptions 1928 Procedure to fill vacancies in certain constitutional offices 1913 Savannah, City of; compensation of board of public education 1920 Savannah, City of; homestead exemptions 1917 Spalding County; jurisdiction of justices of the peace 1933 Spalding County; sales and use tax 1934 CODE SECTIONS See also Act No. 2 on page 3 for repeal of designated Code sections related to population brackets. 3-305; amended 852 3-1004.3; enacted 655 5-1601.1; enacted 935 Title 5A; amended 1269 5A-507; amended 460 , 540 5A-508; amended 1265 5A-508.1; enacted 625 5A-9901.1; amended 862 13-207.3; amended 1008 20-302; amended 876 Chapter 22-31; amended 1425 22-9901; amended 874 Title 24; amended 1396 Chapter 24-8; amended 496 24-1714(a); amended 530 Chapter 24-27; amended 733 , 921 24-2714.1; amended 546 24-2727A; amended 541 24-2727B; amended 532 24-2801; amended 1334 24-2905.1; amended 682 24-2919; amended 711 24A-401; amended 862 Chapter 24A-5; amended 1390 26-1704; amended 1550

Chapter 26-18; amended 1576 26-1812; amended 1552
Page 1960
26-1902; amended 1266 26-2105; repealed 915 Chapter 26-22; amended 868 26-2801; amended 683 26-2904; amended 946 , 1325 Chapter 26-35; enacted 1578 27-207; amended 880 , 1393 27-705; amended 828 27-2502; amended 1024 30-209; amended 615 Title 32; amended 735 Chapter 32-9; amended 756 32-903.1; amended 1549 32-903.2; amended 602 32-904; amended 529 , 755 32-906; amended 643 32-3760; amended 1377 Title 34; amended 1718 , 1798 34-1406.1; amended 534 34-1501(b); amended 535 Title 34A; amended 1238 , 1430 , 1728 34A-111; amended 536 34A-501; amended 545 , 551 34A-503; amended 1716 34A-519; amended 1801 34A909; amended 486 Title 34C; enacted 1587 38-413; repealed 875 Title 39; amended 1396 39-1105; amended 1808 Title 41A; amended 1244 , 1366 , 1566 41A-1610; amended 848 Chapter 41A-30; amended 753 Chapter 41A-34; amended 965 Title 45; amended 144 , 798 , 823 45-403; amended 730 Chapter 45-7; amended 1380 45-812; amended 1003 45-902; amended 688 Title 46; amended 383 46-309; enacted 804 47-109; amended 699 Title 51; amended 626 52-2447; amended 896 53-201(a); amended 531 53-506; amended 704 Title 56; amended 640 , 936 , 991 , 1336 Chapter 56-13; amended 380 Chapter 56-20; amended 809 56-2447; enacted 817 56-2701; amended 1814
Page 1961
56-3005; amended 1009 Title 57; amended 729 57-101.2; amended 784 58-612.1; amended 862 59-112.1; enacted 652 59-120; amended 685 59-601B; amended 544 Title 60; amended 1396 Title 66; amended 639 , 1803 Title 67; amended 1396 67-2002; amended 846 67-2004; amended 916 68-214; amended 714 Chapter 68A-10; amended 677 68A-1005.1; enacted 1004 68A-1022; amended 624 Title 68C; amended 1396 Title 68E; amended 1740 69-318; amended 831 72-201; amended 867 Chapter 72-4; amended 1739 74-111; amended 1034 76-102; amended 622 Title 79A; amended 577 , 782 Chapter 79A-8; amended 180 Chapter 84-1; amended 1898 84-321.1; enacted 822 84-512; amended 690 Chapter 84-7; amended 726 84-702; amended 610 Chapter 84-14; amended 1311 Chapter 84-21; amended 763 Chapter 84-21A; amended 777 84-4004; amended 781 87-201; amended 1581 87-201.1; enacted 1439 Title 88; amended 149 , 996 Chapter 88-4; amended 785 Chapter 88-5; amended 787 88502.12; amended 985 88-1708; amended 1456 88-1905; amended 920 88-2010; amended 611 88-2411; amended 854 Chapter 88-31; amended 1315 Chapter 88-34; amended 1027 91-804A; amended 539 Title 91A; amended 1554 , 1857 , 1903 91A-326.1; enacted 791 91A-1013; amended 594 91A-1022; amended 388 , 533
Page 1962
Chapter 91A-11; amended 117 91A-1101; amended 1267 91A-1111; amended 528 91A-1328; amended 1906 91A-1337; amended 713 91A-1405; amended 1906 91A 1450; amended 538 91A-1503; amended 599 91A-3213; amended 775 91A-5009(f); repealed 1019 Title 93; amended 121 Chapter 93-3; amended 409 Title 95A; amended 953 , 955 95A-601; amended 878 95A-901; amended 1826 95A-955; amended 705 95A-958; amended 133 95A-960; amended 998 103-101; amended 870 Title 109A; amended 1396 109A-1-201; amended 634 113-1301; amended 547 Title 114; amended 842 , 1585 Chapter 114-6a; amended 1759 114-701.1; amended 114 114-712; amended 805 Chapter 114-9; amended 836 COURTS SUPREME COURT Justices Retirement System amended 1235 Rules adopted pursuant to Code section 27-2538 approved 1532 COURT OF APPEALS Judges' Retirement System amended 1235 SUPERIOR COURTS See also General Index under name of county. Alcony Circuit; compensation of judges and district attorney 1010 Appointment of secretaries by district attorneys 672 Assistant District Attorneys compensation 711 Augusta Circuit; judges' compensation 554 , 595 Blue Ridge Circuit; terms 552 Brunswick Circuit; judges' and district attorney's compensation 430 Chattahoochee Circuit; compensation of assistant district attorney 436 Cherokee Circuit; terms 593 Clerks' duties in certain counties (300,000-600,000) (300,000500,000) 546 Clerks' fees, etc. 1396
Page 1963
Clerks' qualifications, training, etc. 921 Clerks' Retirement Act amended 693 , 857 Clerks' salaries 1254 Clerks, vacancies, chief deputies 733 Cobb Circuit; compensation of district attorney and staff 1029 Cobb Circuit; judges' compensation 597 Conasauga Circuit; additional judge 500 Court costs in certain counties (600,000 or more) (550,000 or more) 532 , 541 Court reporters in certain counties (250,000-500,000) (350,000-500,000) 601 District Attorney

Emeritus Act amended 696 District attorney's retirement fund amended 1392 Douglas Circuit; additional judge 706 Eastern Circuit; judges' salaries 548 Judges' Retirement System amended 407 , 1232 Law clerks in certain judicial circuits 687 Macon Circuit; additional judge 1445 Mountain Circuit; additional judge 494 Northeastern Circuit; salary, etc. of district attorney 521 Ocmulgee Circuit; judges' compensation 168 Ocmulgee Circuit; terms 553 Pataula Circuit; additional judge 508 Senior judges' expenses 1386 Southwestern Circuit; additional judge 487 Toombs Circuit; additional judge 504 Travel allowance for court reporters 619 Travel expenses of district attorneys and assistant district attorneys 682 Waycross Circuit; additional judge 490 Western Circuit; judges' compensation 178 CIVIL COURTS See also General Index under name of county. Bibb County; pleadings, costs, etc. 4386 Richmond County; jurisdiction, rules of procedure 3575 JUVENILE COURTS See also General Index under name of county. Cobb; judges' compensation 4166 Judges' qualifications, etc. 1390 PROBATE COURTS See also General Index under name of county. Judges; minimum salaries, etc. 518 Issuance of marriage licenses in certain counties (600,000 or more) (550,000 or more) 530 Offices in certain counties (600,000 or more) (550,000 or more) 530
Page 1964
STATE COURTS See also General Index under name of county Advancement of court costs in certain counties (190,000-210,000) 3444 Baldwin County; judge and solicitor, salaries 3247 Bulloch County; terms 3077 Carroll County; judges' compensation 3816 Carroll County; salary of solicitor, etc. 3474 Cherokee and Forsyth Counties; salaries, etc. 3853 Clayton County; compensation of judge 3894 Cobb County; clerk's compensation 4204 Cobb County; compensation of judges 4196 Cobb County; compensation of solicitor and assistants 4759 Cobb County; criminal jurisdiction of justices of the peace 4360 Cobb County; deputy clerks, fees 4212 Cobb County; magistrates 4198 DeKalb County; assistant solicitors 4108 DeKalb County; court costs 4810 DeKalb County; judges' secretaries 3918 Dougherty County; court costs 4101 Fulton County; chief clerk 3267 Fulton County; compensation of chief judge 3537 Fulton County; court costs 3264 Fulton County; jurisdiction of magistrates, etc. 3546 Fulton County; secretaries and bailiffs for magistrates 3262 Glynn County; terms, compensation of certain personnel 3359 Grady County; election of judge, etc. 3859 Grady County; juries 3857 Gwinnett County; jury trials, salaries, etc. 3033 Habersham County; compensation of judge and solicitor 3087 Habersham County, solicitor's secretary 3084 Houston County; terms of Court 3551 Richmond County; Act amended 3544 Spalding County; compensation of judge and solicitor 4131 Solicitors compensation in certain counties (300,000-600,000) (300,000-500,000) 3308 Stephens County; compensation of judge and solicitor 3635 Stephens County; terms 3632 Ware County; salaries of judge and solicitor 3016 COUNTIES AND COUNTY MATTERS NAMED COUNTIES See also General Index under name of county. Bacon; small claims court 4743 Baldwin; compensation of clerk of superior court 3099 Baldwin; compensation of judge of probate court 3095 Baldwin; compensation of sheriff 3249 Baldwin; compensation of tax commission 3097 Baldwin; hazardous wastes, referendum 4072 Barrow; expense accounts of board of commissioners 3710
Page 1965
Bartow; compensation of coroner 3952 Bartow; compensation of county commissioner 3943 Bartow; compensation of named county officials 3937 Bartow; compensation of tax commissioner 3941 Ben Hill; development authority Act amended 3957 Berrien; small claims court created 4046 Bibb; civil services system 4750 Bibb; Macon-Bibb County Urban Development Authority bonds 4872 Bibb; Macon-Bibb County Water and Sewerage Authority Act amended 3464 Bleckley; compensation of clerk of superior court 4253 Bleckley; compensation of county commissioner 4257 Bleckley; compensation of judge of probate court 4255 Bleckley; compensation of sheriff 4260 Bleckley; compensation of tax commissioner 4262 Bleckley; small claims court 4027 Brantley; compensation of board of education 4870 Brooks; small claims court created 4454 Bryan; small claims court 4206 Bulloch; allocation of local sales and use tax, proposed amendment to the Constitution 1931 Bulloch; clerical assistants of board of commissioners 3164 Bulloch; clerical assistant of judge of probate court 3166 Bulloch; employees of clerk of superior court 3159 Bulloch; sheriff's employees 3162 Bulloch; tax commissioner's assistants 3169 Bulloch; tax rates, etc., proposed amendment to the Constitution 1916 Butts; compensation of clerk of superior court 3058 Butts; salary of judge of probate court 3063 Butts; small claims court 4184 Butts; sheriff's compensation 3055 Butts; tax commissioner's salary 3060 Camden; industrial development authority 3428 Camden; powers, etc. of probate court, solicitor, etc. 3345 Camden; probate court jurisdiction, proposed amendment to the Constitution 1909 Camden; purchasing agent, etc. 3343 Camden; salaries of named county officers 3041 Camden; small claims court created 4831 Camden; tax commissioner's salary 3043 Candler; small claims court 4113 Carroll; compensation of clerk of superior court 3470 Carroll; compensation of coroner 4232 Carroll; compensation of county commissioner 3472 Carroll; McIntosh

Reserve Authority 4697 Catoosa; compensation of tax commissioner 3697 Catoosa; county commissioner 4922 Catoosa; fiscal administration of sheriff's office, etc. 4918 Chatham; chief tax assessor 3442 Chatham; compensation of board of public education, proposed amendment to the Constitution 1920 Chatham; homestead exemptions, proposed amendment to the Constitution 1917 Chattahoochee; compensation of clerk of board of commissioners 3630
Page 1966
Chattooga; compensation of tax commissioner 4061 Clarke; Athens-Clarke County Charter Commission 3065 Clarke; compensation of board of commissioners 4594 Clarke; compensation of named county officials 3969 Clarks; compensation of tax commissioner 3977 Clarke; industrial development authority, powers 3972 Clarke; salary of judge of magistrate's court 3197 Clayton; compensation of board of county commissioners 3904 Clayton; compensation of judge of probate court 3897 Clayton; compensation of sheriff and clerk of superior court 3902 Clayton; compensation of tax commissioner 3899 Clinch; sheriff's compensation, deputy sheriffs 3013 Cobb; CobbMarietta Coliseum and Exhibit Hall Authority Act amended 4350 Cobb; compensation of board of education 4176 Cobb; compensation of clerk of superior court and deputy clerk 4807 Cobb; compensation of county commissioners 3369 Cobb; compensation of judge of probate court 4186 Cobb; compensation of sheriff 4178 Cobb; compensation of tax commissioner and chief clerk 4756 Cobb; probate court clerk's compensation, etc. 4219 Coffee; court costs for county law library 3925 Coffee; school suuperintendent, referendum 3626 Colquitt; small claims court created 4846 Columbia; land conveyance 1508 Columbia; land conveyance 1525 Columbia; provisions for jail and courthouse 3581 Cook; compensation of county commissioners 4251 Cook; small claims court created 4794 Coweta; small claims court created 4722 Crawford; compensation of board of commissioners 4124 Crisp; compensation of named officials 4117 Dade; budgeting, etc. for sheriff's office 3371 Dade; compensation of deputy clerk of superior court 4077 Dade; compensation of probate court deputies and clerks 4079 Dawson; commissioner's compensation 3047 Dawson; compensation, clerk of superior court, judge of probate court 3053 Dawson; sheriff's compensation 3050 Dawson; tax commissioner's compensation 3045 Decatur; Decatur County-Bainbridge industrial development authority powers 3482 DeKalb; board of education 4364 DeKalb; compensation study commission 4911 DeKalb; form of government, referendum 4304 Dooly; board of county commissioners 3703 Dooly; board of education, referendum 4463 Dooly; compensation of tax commission 3700 Dougherty; Albany-Dougherty Inner City Authority Act amended 4688 Dougherty; Albany-Dougherty Payroll Development Authority amended 3133 Dougherty; compensation of named officials 4098 Douglas; coroner's compensation 3104 Effingham; compensation of tax commissioner, etc. 4223 Elbert; compensation of board of commissioners 4120
Page 1967
Evans; small claims court Act amended 3298 Fannin; compensation of judge of probate court, etc. 4829 Fannin; coroner placed on salary basis 4106 Fayette; compensation of coroner 4284 Fayette; small claims court 3092 Floyd; board of county commissioners 3023 Floyd; compensation of member of school board 4193 Floyd; merit system amended 3638 Floyd; salaries, clerk of superior court, judge of probate court 3030 Floyd; tax commissioner's compensation 3027 Forsyth; compensation of county commissioners 3155 Fulton; civil service board 3221 Fulton; withdrawal from pension system, etc. by elected officials 4302 Gilmer; compensation of clerk of superior court and deputy clerk 4344 Gilmer; compensation of commissioner, advisory board, etc. 4370 Gilmer; deputy sheriffs 4342 Gilmer; industrial development authority, proposed amendment to the Constitution 1923 Gilmer; small claims court created 3202 Glascock; compensation of clerk of superior court 3993 Glascock; compensation of judge of superior court 3995 Glynn; Brunswick and Glynn County Development Authority 4335 Glynn; charter commission Act amended 3850 Glynn; clerk of superior court and judge of probate court, salaries, etc. 4339 Glynn; compensation of deputy magistrate 4122 Glynn; compensation of sheriff, deputies, etc. 3351 Glynn; compensation of tax commissioner, etc. 3354 Glynn; school superintendent 4331 Glynn; vacancies on board of county commissioners 3356 Gordon; office of county commissioner, referendum 3269 Gordon; school superintendent, referendum 3586 Greene; compensation of named county officials 3877 Greene; compensation of tax commissioner, etc. 3881 Greene; motor vehicle for use by sheriff 4230 Gwinnett; airport authority Act amended 3821 Gwinnett; compensation, clerk of superior court, judge of probate court 3142 Gwinnett; compensation of county commissioners 3135 Gwinnett; compensation of tax commissioner 3138 Gwinnett; homestead exemptions, proposed amendment to the Constitution 1921 Gwinnett; industrial building authority Act amended 3831 Gwinnett; ownership, etc. of pinball machines 3115 Gwinnett; public facilities authority Act amended 3825 Gwinnett; recorder's court 3038 Gwinnett; recreation authority Act amended 3828 Gwinnett; sheriff's compensation 3140 Gwinnett; water and sewerage authority Act amended 3818 Habersham; coroner's compensation 3082 Habersham; water and sewerage authority 3327 Hancock; small

claims court Act amended 3325 Haralson; compensation of county commissioner 3933 Haralson; compensation of judge of probate court 3935
Page 1968
Haralson; treasurer's compensation 3930 Haralson; water authority members, etc. 4247 Hart; board of finance 3966 Hart; compensation of clerk of superior court 3964 Hart; compensation of coroner 3962 Hart; small claims court 4168 Heard; clerk of superior court, compensation 3179 Heard; compensation, judge of probate court 3174 Heard; county commissioner, compensation 3184 Heard; sheriff, compensation 3181 Heard; tax commissioner's compensation 3177 Henry; compensation of named county officials 4006 Henry; compensation of treasurer 4004 Henry; small claims court Act amended 4001 Henry; water and sewerage authority Act amended 4011 Houston; compensation of county commissioners 3112 Irwin; compensation of chairman of board of commissioners 3865 Jackson; compensation of named county officials 4021 Jefferson; personnel in office of clerk of superior court 3694 Jefferson; personnel in sheriff's office 3691 Jefferson; personnel in tax commissioner's office 3689 Johnson; compensation of board of commissioners 3984 Johnson; small claims court created 4031 Jones; compensation of county commissioners 3225 Jones; small claims court 4067 Lamar; compensation of judge of probate court 3955 Lamar; small claims court 4264 Lanier; small claims court created 3452 Laurens; compensation of tax commissioner 3982 Laurens; small claims court 3733 Lee; small claims court created 3491 Liberty; industrial development authority, project defined 3381 Liberty; small claims court Act amended 3383 Long; clerk of superior court 4277 Long; probate court judge 4269 Long; sheriff 4272 Long; small claims court Act amended 3945 Long; tax commissioner 4274 Macon; construction of covenant agreements 1491 Macon; small claims court created 3120 Marion; compensation of deputy sheriff 4234 McDuffie; compensation of tax commissioner 4094 McIntosh; small claims court 4346 Meriwether; clerk of superior court, coroner, etc. 3189 Meriwether; compensation of deputy sheriffs 4287 Meriwether; county commissioners' compensation 3172 Meriwether; small claims court 3006 Miller; board of education, referendum 4713 Miller; small claims court 3231 Mitchell; coroner's compensation 3731 Mitchell; fees received by judge of probate court 3728
Page 1969
Monroe; small claims court 4189 Montgomery; small claims court created 3645 Morgan, compensation of board of commissioners 3883 Morgan; compensation of clerk of superior court 3875 Murray; compensation of named officials 3018 Murray; deal of correction to land 1512 Murray; salary of county commissioner 3021 Murray; water and sewerage authority 3779 Muscogee; school district, members, etc. 4885 Muscogee; valuation of homestead property, proposed amendment to the Constitution 1926 Newton; compensation of board of commissioners 4719 Newton; compensation of named officials 3304 Newton; industrial development authority Act amended 3302 Oglethorpe; small claims court 3418 Paulding; appointment, removal, etc, of named officials 4279 Paulding; civil service system 4282 Paulding; compensation of clerk of superior court and judge of probate court 4221 Peach; charter commission 4126 Pulaski; deputy sheriffs, etc. 4181 Putnam; small claims court 3287 Quitman; small claims court created 3212 Richmond; ad valorem taxation 3673 Richmond; Augusta, Richmond County criminal advisory commission 4901 Richmond; duties of superintendent of schools 3656 Richmond; members of board of education, referendum 3677 Richmond; school taxes 3675 Rockdale; county commission vacancies 3152 Screven; salary of clerk of superior court, assistants 3080 Seminole; judge of probate court placed on salary basis 3254 Seminole; tax commissioner's compensation 3251 Spalding; compensation of board of commissioners 4140 Spalding; compensation of coroner 4129 Spalding; compensation of named officials 4137 Spalding; compensation of tax commissioner 4135 Spalding; Griffin-Spalding County Development Authority Act amended 4875 Spalding; jurisdiction of justices of the peace, proposed amendment to the Constitution 1933 Spalding; sales and use tax, proposed amendment to the Constitution 1934 Stephens; small claims court 3186 Stewart; compensation of deputy sheriff 3591 Sumter; compensation of sheriff 3477 Sumter; compensation of tax commissioner 3480 Sumter; small claims court 3798 Talbot; compensation of county commissioners 3011 Talbot; small claims court created 4860 Tattnall; compensation of board of county commissioners 4075 Tatnall; compensation of tax commissioner, etc. 3948 Tatnall; small claims court 4587 Taylor; compensation of tax commissioner, etc. 4163 Terrell; small claims court Act amended 3862
Page 1970
Tift; compensation of chairman of board of commissioners 4088 Tift; compensation of clerk of superior court 4086 Tift; compensation judge of probate court 4082 Tift; compensation of sheriff 4090 Tift; compensation of tax commissioner 4084 Tift; small claims court created 4597 Tift; vacancies on board of commissioners 4014 Troup;

compensation of county commissioners 4059 Turner; named Acts repealed 3743 Turner; small claims court created 4393 Union; compensation of judge or probate court 3868 Union; expenses of sheriff's office 4104 Upson; small claims court 3802 Upsom; tax commissioner's compensation 3814 Walker; coroner's compensation 3719 Walker; personnel in office of clerk of superior court 3724 Walker; personnel in tax commissioner's office 3721 Walton; health insurance plan 4226 Walton; small claims court created 3834 Washington; compensation of clerk of superior court 3991 Washington; compensation of judge of probate court 3999 Washington; compensation of sheriff, etc. 3987 Washington; compensation of tax commissioner 3997 Wayne; compensation of clerk of superior court, etc. 3348 Wheeler; clerk of superior court placed on salary basis 3915 Wheeler; compensation of county commissioners 3661 Wheeler; compensation of sheriff 3666 Wheeler; judge of probate court placed on salary basis 3663 Wheeler; office of treasurer abolished 4191 Wheeler; small claims court created 3558 Whitfield; compensation of board of commissioners 4092 Whitfield; small claims court 3577 Wilkes; compensation of coroner 4111 Wilkes; tax commissioner placed on salary basis 3374 Wilkinson; expense allowance for county commissioners 3379 Worth; named Acts repealed 3739 Worth; small claims court created 3886 COUNTIES AND COUNTY MATTERS BY POPULATION Designated population Acts repealed 3 4,600-5,300; small claims court Act repealed 3450 6,8256,925; small claims courts abolished 3223 6,900-6,950; disposition of fines in probate courts 4301 7,040-7,055; small claims court Act repealed 3489 8,750-8,950; small claims court Act repealed 3574 10,450-10,650; homestead exemptions on leased property 1267 11,000-11,300; small claims court Act repealed 3245 11,340-11,390; boards of elections 3090 11,775-12,100; small claims court Act repealed 4016 13,160-13,200; small claims courts Act repealed 3103
Page 1971
13,635-14,765; small claims court Act repealed 3795 15,300-15,800; compensation of named officers 3227 16,50016,700; small claims court Act repealed 3580 18,150-18,250; election boards 3144 22,830-23,500; small claims court Act repealed 3846 23,300-23,699; small claims court Act repealed 4018 23,500-24,100; small claims court Act repealed 3643 26,000-26,500; development authorities 542 27,500-28,500; tax commissioner and tax collectors 713 38,300-29,600; coroners' compensation 3696 32,300-32,700; Act creating small claims courts repealed 3158 33,30034,056; Act creating small claims courts repealed 4243 34,000-34,500; compensation of board of education 529 34,000-34,500; homestead exemptions 528 35,000 or more; sale of alcoholic beverages on election days 460 45,55050,550; boards of elections created 3668 145,000-165,000; compensation of certain officials 3243 145,000-165,000; compensation of elected officials 4064 171,000-181,000; compensation of elected officials 4064 180,000-190,000; compensation of county officials 4201 180,000-205,000; compensation of county officials 4201 200,000-500,000; annexation by municipalities 4237 250,000-400,000; bond elections 1439 250,000-500,000; board of education audits 4241 250,000-500,000; selection of traverse juries 4242 250,000-500,000; sheriffs 4238 300,000-500,000; duties of clerks of superior courts 546 300,000-600,000; duties of clerks of superior courts 546 350,000-500,000; ad valorem taxation in certain cities (17,000-20,000) 599 350,000-500,000; annexation by municipalities 4237 350,000-500,000; board of education audits 4241 350,000-500,000; boards of registration and elections 3309 350,000-500,000; payment of taxes 388 350,000-500,000; school board members 602 350,000-500,000; selection of traverse juries 4242 350,000-500,000; sheriffs 4238 350,000-500,000; sold signs on real estate 4239 350,000-600,000; boards of registration and elections 3309 350,000-600,000; payment of taxes 388 400,000-500,000; county administrators 547 400,000-500,000; investigate grand juries 544 400,000-500,000; sale of alcoholic beverages 3307 400,000-500,000; school board members 602 400,000-500,000; sold signs on real estate 4239 400,000-500,000; use of county voter registration lists by municipalities 545 400,000-500,000; zoning of annexed land by municipalities 3310 400,000525,000; compensation of boards of education 755 400,000-525,000; elections 1581 400,000-600,000; ad valorem taxation in certain cities (17,000-20,000) 599 400,000-600,000; compensation of boards of education 755 400,000600,000; county administrators 547
Page 1972
400,000-600,000; investigative grand juries 544 400,000-600,000; sale of alcoholic beverages 3307 400,000-600,000; use of county voter registration lists by municipalities 545 400,000-600,000; voter registration list; use by certain municipalities (less than 20,000) 551 400,000-600,000; zoning of annexed land by municipalities 3310 500,000 or more; sheriffs' compensation 3171 550,000 or more; absentee voting 534 550,000 or more; accusations in criminal courts 3278 550,000 or more; budget commissions 3284 550,000 or more; citations by zoning and building inspectors 3282 550,000 or more; civil service boards 3280 550,000 or more; compensation of boards of education 4362 550,000 or more; costs of cleaning, etc. public ways 3259 550,000 or more; enforcement of regulatory codes 3261

550,000 or more; joint city-county tax boards 3283 550,000 or more; law libraries 959 550,000 or more; marriage licenses 531 550,000 or more; municipal elections 536 550,000 or more; oaths administered by probate court judges 3286 550,000 or more; payment of taxes 538 550,000 or more; pension rights 3258 550,000 or more; pension system for policeman and firemen amended 3257 550,000 or more; probate court offices 530 550,000 or more; recording of plats 3279 550,000 or more; sale hours for alcoholic beverages 3281 550,000 or more; sale hours of alcoholic beverages on Sundays 3285 550,000 or more; sale of alcoholic beverages on Sundays 540 550,000 or more; sale of county property 539 550,000 or more; sheriffs' compensation 3171 550,000 or more; superintendent of elections 535 550,000 or more; superior court costs 532 , 541 550,000 or more; tax due dates 533 550,000 or more; transport of waste across boundaries 537 550,000 or more; volunteer legal services 4451 550,000 or more; Welfare Reorganization Act of 1937 amended 960 More than 550,000; pension rights of employees of cities and counties 4299 600,000 or more; absentee voting 534 600,000 or more; accusations in criminal courts 3278 600,000 or more; budget commissions 3284 600,000 or more; citations by zoning and building inspectors 3282 600,000 or more; civil service boards 3280 600,000 or more; compensation of boards of education 4362 600,000 or more; joint city-county tax boards 3283 600,000 or more; marriage licenses 531 600,000 or more; municipal elections 536 600,000 or more; oaths administered by probate court judges 3286 600,000 or more; payment of taxes 538 600,000 or more; pension rights 3258 600,000 or more; pension system for policemen and firemen amended 3257 600,000 or more; probate court offices 530
Page 1973
600,000 or more; recording of plats 3279 600,000 or more; sale hours for alcoholic beverages 3281 600,000 or more; sale hours of alcoholic beverages on Sundays 3285 600,000 or more; sale of alcoholic beverages on Sunday 540 600,000 or more; sale of county property 539 600,000 or more; superintendent of elections 535 600,000 or more; superior court costs 532 , 541 600,000 or more; tax due dates 533 600,000 or more; transport of waste across boundaries 537 600,000 or more; volunteer legal services 4451 COUNTY MATTERSHOME RULE ACTIONS Appling; county administrator 4930 Appling; financial management 4967 Appling; personnel management 4933 Clayton; pensions 4981 DeKalb; pension board 4987 Floyd; merit system Act amended 5003 Rockdale; board of commissioners 5006 , 5039 MUNICIPAL CORPORATIONS NAMED CITIES Adairsville; corporate limits 3907 Albany; ad valorem taxation 3920 Albany; Albany-Dougherty Inner City Authority Act amended 4688 Albany; Albany-Dougherty Payroll Development Authority amended 3133 Albany; Chehaw Park Authority, meetings 3131 Albany; corporate limits 4734 Alpharetta; new charter 4609 Ashburn; new charter 4404 Athens; Athens-Clarke County Charter Commission 3065 Athens; industrial development authority, powers 3972 Atlanta; land conveyance 1477 , 1496 Atlanta; senior judge of municipal court 3363 Augusta; Augusta-Richmond County Criminal Advisory Commission 4901 Augusta; civil service commission 4591 Augusta; elections 3713 Augusta; intent of General Assembly as to Constitutional amendment 1538 Augusta; pension systems amended 4373 Bainbridge; Decatur County-Bainbridge industrial development authority powers 3482 Bainbridge; Downtown Bainbridge Development Authority 3538 Bainbridge; elections, etc. 3486 Blakely; charter amended 3716 Bremen; charter amended 3927 Broxton; new charter 3597 Brunswick; Brunswick and Glynn County Development Authority 4335 Brunswick; charter commission Act amended 3850 Brunswick; land conveyance 1529
Page 1974
Camilla; elections 3726 Carrollton; redevelopment authority 4535 Carrollton; tax rate for schools 4172 Centerville; punishment in municipal court 4019 Chatsworth; water and sewerage authority 3779 Clarkesville; new charter 4502 College Park; elections 3950 Columbus; charter amended 3192 Columbus; personnel review board 3870 Cordele; liens 4228 Cumming; police court punishment 3003 Dacula; procedure to override mayor's veto 3467 Dalton; downtown development authority 4670 Decatur; homestead exemptions, proposed amendment to the Constitution 1914 Douglas; ad valorem taxation 3594 Dublin; charter amended 3979 East Dublin; new charter 4645 Fitzgerald; development authority Act amended 3957 Forest Park; corporate limits 3117 Garden City; administrator 3776 Griffin; chairman of board of commissioners 3658 Griffin; Griffin-Spalding County Development Authority Act amended 4875 Hartwell; elections, etc. 3960 Homerville; exchange of land 1515 Ideal; terms of major and councilmen 4210 LaGrange; corporate limits 3106 Leesburg; charter amended 3583 Lincolnton; charter amended 4024 Locust Grove; elections 4174 Louisville; police court fines 3796 Macon; Macon-Bibb County Urban Development Authority bonds 4872 Macon; Macon-Bibb County Water and Sewerage Authority Act amended 3464 Marietta; Cobb-Marietta Coliseum and Exhibit Hall Authority Act amended 4350 Marietta; downtown development authority Act amended 3736 McDonough; new charter 3387 Milledgeville; public facilities authority 3311 Monroe;

contracts 3848 Montrose; charter amended 4157 Palmetto; homestead exemptions, proposed amendment to the Constitution 1928 Patterson; new charter 4545 Peachtree City; industrial building authority powers 4267 Pelham; conveyance of flagpole 1528 Pine Mountain; town clerk 3199 Port Wentworth; corporate limits 3911 Resaca; new charter 3746 Reynolds; elections 4161 Russell; new charter 3501 Rutledge; police court fines 3873 St. Marys; new charter 4763 Savannah; compensation of board of public education, proposed amendment to the Constitution 1920
Page 1975
Savannah; corporate limits 3366 Savannah; court costs in municipal court 3446 Savannah; Downtown Savannah Authority 4041 Savannah; homestead exemptions, proposed amendment to the Constitution 1917 Savannah; transit authority members 3101 Smyrna; corporate limits 4843 Statesboro; Downtown Statesboro Development Authority 4821 Stone Mountain; jurisdiction of police court 4069 Sugar Hill; council members, terms, etc. 3708 Swainsboro; public facilities authority 4143 Tazewell; charter repealed 4245 Thompson; recorder's court fines 3922 Tunnel Hill; terms of commissioners, etc. 3549 Tybee Island; corporate limits, referendum 4914 Union Point; compensation of mayor and council 3535 Wadley; recorder 3110 Walnut Grove; new charter 4470 Warm Springs; land conveyance 1543 Washington; ad valorem taxation 3377 Waycross; downtown Waycross development authority 4576 Winder; land conveyance 1489 Woodstock; charter amended 4815 Wrens; police court fines 3913 MUNICIPALITIESBY POPULATION 17,000-20,000; advalorum taxation in certain counties (350,000-500,000) (400,000-600,000) 599 Less than 20,000; use of voter registration lists in certain counties (400,000-600,000) 551 300,000 or more; lease of recreational property 3196 300,000 or more; pensions for members of police departments 4381 More than 300,000; pension system for employees amended 3569 , 4376 More than 300,000; pension systems for members of paid fire departments 3553 400,000 or more; business improvement district Act 4531 400,000 or more; land acquisition policy 1417 400,000 or more; campus police 806 More than 400,000; joint city-county boards of tax assessors 594 MUNICIPAL CORPORATIONSBY POPULATION OF COUNTIES 400,000-525,000; registration of electors 1238 MUNICIPALITIESHOME RULE AMENDMENTS Albany, City of; city manager 5048 Albany, City of; contracts with stadium authority 5046 Arlington, City of; recorder 5051 Atlanta, City of; billiard rooms 5062 Atlanta, City of; departments 5068 Atlanta, City of; fire chief and chief of police 5054
Page 1976
Boston, City of; chief of police 5074 Covington, City of; corporate limits 5077 Covington, City of; utility rates 5080 East Point, City of; retirement system 5083 Fitzgerald, City of; health hazards 5090 Jesup, City of; charter amended 5095 Macon, City of; council actions 5101 Macon, City of; fire and police departments, employees' retirement 5109 , 5114 , 5117 Macon, City of; retirement system 5105 , 5120 Marietta, City of; board of lights and water 5124 Marietta, City of; councilmen 5129 Marietta, City of; mayor and council 5133 Newnan, City of; retirement system 5136 Riverdale, City of; recorder's court 5142 St. Marys, City of; city manager 5145 Savannah, City of; pension plan 5148 , 5152 Toomsboro, Town of; tax on insurance companies 5155 Warner Robins, City of; bids 5158 RESOLUTIONS AUTHORIZING COMPENSATION Anderson, Alonza 4910 Anderson, Charles E. 4892 Arnold, A. V. 4891 Davis, III, Roy 4904 Derden, Mrs. Watson V. 4903 Douglas, Jr., J.D. 4893 Ezell, James W. 4908 Fitzgerald, Guy A. 4896 Hayden, Jack 4894 Klein, Dr. John J. 4895 Johnson, Rodney B. 4909 McLain, Donald B. 4906 Mullins, Michael R. 4907 Truelove, James W. 4905 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND EASEMENTS Amendment of right-of-way easement to Colonial Pipeline Company 1521 City of Atlanta 1477 , 1496 Brunswick, City of 1529 Camden County 1474 Columbia County 1508 , 1525 Deed of correction to land in Murray County 1512 Department of Transportation 1545 Exchange of land with City of Homerville 1515 Farrow, Danny R. 4897 Harbert Corporation and Elk River Resources, Inc., Easement 2B Metropolitan Atlanta Rapid Transit Authority 1504 Pfund, Joseph 1510
Page 1977
United States 1461 , 1492 United Technolgies Corporation 421 Warm Springs 1543 Winder, City of 1489 MISCELLANEOUS RESOLUTIONS Board of Regents urged to seek agreement with adjacent states regarding tuition rates 1536 City of Augusta-County of Richmond Criminal Advisory Commission 4901 Clarification of Article V of U.S. Constitution urged 137 Conveyance of C.S.S. Georgia 1485 Conveyance of flagpole to City of Pelham 1528 Covenant agreements with Macon County Recreation Commission 1491 DeKalb County Compensation Study Commission 4911 Drug and Narcotic Abuse Joint Study Committee 1481 J. Ebb Duncan Parkway designated 4890 Executive Branch urged to continue jail-prison overcrowding study effort 1495 General Assembly's commitment to

program of Mercer University School of Medicine 1470 General Assembly's Commitment to program of Morehouse School of Medicine 1483 Georgia Bird Day and Wildflower Week designated 1849 Georgia Commission on Women's Opportunities 1850 Georgia Convocation on Federalism 136 Georgia Energy Regulatory Reform Commission 1499 Georgia Semiquinentenary Commission created 1472 Grady Memorial Hospital Study Committee 1540 Robert Hillsman Bridge designated 4899 Intent of General Assembly as to Constitutional amendment affecting the City of Augusta 1538 Joint Committee of Farm Winery laws 1533 Joint Correctional Institution Study Committee 1568 Joint Day Care Study Committee 1547 Joint Local Mental Health and Mental Retardation Governance Study Committee 1502 Legislative Overview Committee on Constitutional revision 1539 Brooks Pennington Bridge designated 4900 Public policy toward housing, etc. for handicapped citizens 1469 Rules adopted by Supreme Court approved 1532 Services for the aged Study Committee 1458 Special Study Commission on Mental Health 1487 Southeastern Railway Museum 1498 State and the Arts Joint Study Committee 1480 State-wide Fire Protection Study Committee 1517 U.S. Congress urged to require fiscal notes 134 Veterans of Foreign Wars commended 1534 Jerry Wadley Williams Bridge designated 4913
Page 1978
INDEX A ABANDONED MOTOR VEHICLES Removal, etc. 469 ACCIDENT AND SICKNESS INSURANCE POLICIES Insurance Code amended 640 Out-patient services 991 ACCUSATIONS Disposition in criminal courts in certain counties (600,000 or more) (550,000 or more) 3278 ACTIONS See also Practical Procedure Suits against representatives of obligors 852 AD VALOREM TAXATION Limitation on executions 791 ADAIRSVILLE, CITY OF Corporate limits 3907 ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT Amended 667 Amended, teacher certification 1565 Capital Facility improvements 774 School bus drivers 766 ADVERTISEMENTS Fees for legal advertisements 1808 AGE DISCRIMINATION Prohibited in employment 636 AGRICULTURE Bird Dealers Licensing Act 510 Commodities Promotion Act amended 692 Georgia Marketing Act of 1981 1354 Georgia Meat Inspection Act amended 657 Licensed grain dealers, etc. 927 Poultry hauling 133 Rules, etc. regulating irrigation systems 1256 Sale of pulpwood and timber 935 Securing of loads on vehicles 705
Page 1979
ALBANY, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments. Ad valorem taxation 3920 Chehaw Park Authority, meetings 3131 Corporate limits 4734 ALBANY-DOUGHERTY INNER CITY AUTHORITY ACT Amended 4688 ALBANY-DOUGHERTY PAYROLL DEVELOPMENT AUTHORITY Amended 3133 ALCOHOLIC BEVERAGES Code amended 1269 Legal age to purchase, etc. 862 Sale hours in certain counties (600,000 or more) (550,000 or more) 3281 Sale hours on Sundays in certain counties (600,000 or more) (550,000 or more) 3285 Sale in certain counties (400,000-600,000) (400,000-500,000) 3307 Sale near alcoholic treatment facilities 1265 Sale on election days in certain counties (35,000 or more) 460 Sale on Sundays in certain counties (550,000 or more) (600,000 or more) 540 ALCOHOLICS Hospitalization, etc. 996 Hospitalization and treatment procedures 785 ALCOHOLISM ADVISORY COUNCIL ACT Amended, effective date 1433 ALCOVY JUDICIAL CIRCUIT Compensation of judges and district attorney 1010 ALIMONY Factors in determining grant of permanent alimony 615 ALIMONY OR CHILD SUPPORT Garnishment 804 ALPHARETTA, CITY OF New Charter 4609
Page 1980
AMBULANCE SERVICES Recertification, etc. 1315 ANDERSON, ALONZA Compensation for damages 4910 ANDERSON, CHARLES E. Compensation for damages 4892 APPLING COUNTY See Tabular IndexHome Rule for Counties. APPROPRIATIONS General Appropriations Act 1036 Supplemental Appropriations Act 184 Supplemental Appropriations for Department of Labor 673 ARCHITECTS Enforcement of Code Chapter 84-3 822 ARCHITECTS, LANDSCAPE Exemptions 781 ARLINGTON, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. ARMED ROBBERY Defined, punishment, etc. 1266 ARNOLD, A.V. Compensation for damages 4891 ARRESTS Degree of force to apprehend suspected felons 1393 ARTICLE V OF U.S. CONSTITUTION Clarification urged 137 ARTS AND HUMANITIES, COUNCIL Appointment of a poet laureate 1394 ASHBURN, CITY OF New Charter 4404
Page 1981

ATHENS, CITY OF Athens-Clarke County Charter Commission 3065 ATHENS-CLARKE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Powers 3972 ATLANTA, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments. Land conveyance authorized 1477 , 1496 Senior judge of municipal court 3363 ATTORNEY GENERAL Procedure to fill vacancies, proposed amendment to the Constitution 1913 Summaries of general proposed amendments to the Constitution 660 ATTORNEY'S FEES Worker's Compensation cases 805 AUGUSTA, CITY OF City of AugustaCounty of Richmond Criminal Advisory Commission 4901 Civil service commission 4591 Elections 3713 Intent of General Assembly as to Constitutional amendment 1538 Pension system amended 4373 AUGUSTA JUDICIAL CIRCUIT Judges' compensation 554 , 595 AUTOMOBILE MILEAGE ALLOWANCE State employees 856 AUTOMOBILES Used Car Dealers' Registration Act amended 767 B BACON COUNTY Small claims Court 4743 BAD CHECKS Punishment for issuance 1550 BAILIFFS Compensation of court bailiffs 685
Page 1982
BAINBRIDGE, CITY OF Decatur CountyBainbridge Industrial Development Authority, powers 3482 Downtown Bainbridge Development Authority 3538 Elections, etc. 3486 BALDWIN COUNTY Compensation of clerk of superior court 3099 Compensation of judge of probate court 3095 Compensation of sheriff 3249 Compensation of tax commissioner 3097 Hazardous wastes, referendum 4072 BALDWIN COUNTY, STATE COURT OF Judge and solicitor, salaries 3247 BANKS AND BANKING See also Financial Institutions Code of Georgia . Domestic International Banking Facility Act 770 Unlawful acquisitions by bank holding companies 1008 BARROW COUNTY Expense accounts of board of commissioners 3710 BARTOW COUNTY Compensation of coroner 3952 Compensation of county commission 3943 Compensation of named county officials 3937 Compensation of tax commissioners 3941 BEN HILL COUNTY Fitzgerald and Ben Hill County Development Authority Act amended 3957 BERRIEN COUNTY Small claims court created 4046 BIBB COUNTY Civil service system 4750 Macon-Bibb County Urban Development Authority, bonds 4872 Macon-Bibb County Water and Sewerage Authority Act amended 3464 BIBB COUNTY, CIVIL COURT OF Pleadings, costs, etc. 4386 BIRD DAY Designated 1849
Page 1983
BIRD DEALERS LICENSING ACT Enacted 510 BIRTH CERTIFICATES Form 1456 BLAKELY, CITY OF Charter amended 3716 BLECKLEY COUNTY Compensation of clerk of superior court 4253 Compensation of county commissioner 4257 Compensation of judge of probate court 4255 Compensation of sheriff 4260 Compensation of tax commissioner 4262 Small claims court 4027 BLUE RIDGE JUDICIAL CIRCUIT Terms 552 BOARD OF DISPENSING OPTICIANS Act amended 1378 BOARD OF EXAMINERS FOR LICENSED PRACTICAL NURSES ACT Amended 1815 BOAT SAFETY ACT Bonds for regattas, etc. 987 Georgia Boat Safety Act amended 147 BONDS Breach of good behavior bonds 622 Elections, etc. in certain counties (250,000400,000) 1439 Interest rates, etc. 384 BOSTON, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments . BRANTLEY COUNTY Compensation of board of education 4870 BREACH OF THE PEACE BONDS Procedure, etc. 622
Page 1984
BREMAN, CITY OF Charter amended 3927 BROOKS COUNTY Small claims court created 4454 BROXTON, CITY OF New Charter 3597 BRUNSWICK AND GLYNN COUNTY DEVELOPMENT AUTHORITY Projects 4335 BRUNSWICK, CITY OF Land conveyance authorized 1529 BRUNSWICKGLYNN COUNTY CHARTER COMMISSION Act amended 3850 BRUNSWICK JUDICIAL CIRCUIT Judges' and district attorney's compensation 430 BRUNSWICK PORT AUTHORITY Bonds, etc. 604 BRYAN COUNTY Small claims court 4206 BUDGET COMMISSIONS Act creating budget commissions in certain counties amended (600,000 or more) (550,000 or more) 3284 BUILDING CODE Enforcement of Code Chapter 84-3 822 BUILDING INSPECTORS Issuance of citations in certain counties (600,000 or more) (550,000 or more) 3282
Page 1985
BULLOCK COUNTY Allocation of local sales and use tax, purposed amendment to the Constitution 1931 Clerical

assistants of board of commissioners 3164 Clerical Assistant of Judge of probate court 3166 Employees of clerk of superior court 3159 Sheriff's employees 3162 Tax commissioner's assistants 3169 Tax rates, etc., proposed amendment to the Constitution 1916 BULLOCH COUNTY, STATE COURT OF Terms of court 3077 BUSINESS DEVELOPMENT CORPORATIONS Loans, meetings, etc. 965 BUTTS COUNTY Compensation of clerk of superior court 3058 Salary of judge of probate court 3063 Sheriff's compensation 3055 Small claims court 4184 Tax commissioner's salary 3060 C CABLE TELEVISION Franchise of systems, etc. 865 CAMDEN COUNTY Jurisdiction of probate court, proposed amendment to the Constitution 1909 Powers, etc. of probate court, solicitor, etc. 3345 Purchasing agent, etc. 3343 Salaries of named county officers 3041 Small claims court created 4831 Tax commissioner's salary 3043 CAMDEN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created 3428 CAMILLA, CITY OF Elections 3726 CAMPAIGN FINANCIAL DISCLOSURE ACT Contributions during legislative sessions 851
Page 1986
CAMPUS POLICE Arrest powers, etc. in certain municipalities (400,000 or more) 806 CANDLER COUNTY Small claims court act amended 4113 CARROLL COUNTY Compensation of clerk of superior court 3470 Compensation of coroner 4232 Compensation of county commissioner 3472 McIntosh Reserve Authority 4697 CARROLL COUNTY, STATE COURT OF Judge's compensation 3816 Salary of solicitor, etc. 3474 CARROLLTON, CITY OF Tax rate for schools 4172 CARROLLTON REDEVELOPMENT AUTHORITY Created 4535 CATOOSA COUNTY Compensation of tax commissioner 3697 County commissioner 4922 Fiscal administration of sheriff's office, etc. 4918 CENSUS, U.S. Effective date as used in statutory law 951 CENTERVILLE, CITY OF Punishment in municipal court 4019 CERTIFICATE OF TITLE ACT Motor vehicle certificate of title act amended 617 Motor vehicle odometer readings 517 CHATHAM COUNTY Chief tax assessor 3442 Compensation of board of public education, proposed amendment to the Constitution 1920 Homestead exemptions, proposed amendment to the Constitution 1917
Page 1987
CHATSWORTH-MURRAY COUNTY WATER AND SEWERAGE AUTHORITY Created 3779 CHATTAHOOCHEE COUNTY Compensation of clerk of board of commissioners 3630 CHATTAHOOCHEE JUDICIAL CIRCUIT Compensation of assistant district attorney 436 CHATTOOGA COUNTY Compensation of tax commissioner 4061 CHEHAW PARK AUTHORITY Meetings 3131 CHEROKEE AND FORSYTH COUNTIES, STATE COURT OF Salaries, etc. 3853 CHEROKEE JUDICIAL CIRCUIT Terms 593 CHIEF VANN HOUSE Deed of correction authorized 1512 CHILD ABUSE Reports by physicians, etc. 1034 CHILDREN Act regulating employment of children amended 792 Cruelty, etc. 683 CHILD SUPPORT Garnishment 804 CHILD SUPPORT RECOVERY ACT Amended 796 CHIROPRACTIC Refusal or revocation of licenses, etc. 690 CIGARETTE SALES ACT Repealed 870
Page 1988
CIVIL DEFENSE ACT OF 1951 Amended, local civil defense organizations 1802 CIVIL PRACTICE ACT See also Practice and Procedure Default judgments 769 CIVIL SERVICE BOARDS Members in certain counties (600,000 or more) (550,000 or more) 3280 CLARKE COUNTY Athens-Clarke County Charter Commission 3065 Athens-Clarke County Industrial Development Authority, powers 3972 Compensation of board of commissioners 4594 Compensation of named county officials 3969 Compensation of tax commissioner 3977 Magistrate's court judge, salary 3197 CLARKESVILLE, CITY OF New Charter 4502 CLAYTON COUNTY See also Tabular IndexHome Rule for Counties. Compensation of board of county commissioners 3904 Compensation of judge of probate court 3897 Compensation of sheriff and clerk of superior court 3902 Compensation of tax commissioner 3899 CLAYTON COUNTY, STATE COURT OF Compensation of judge 3894 CLINCH COUNTY Sheriffs compensation, deputy sheriffs 3013 COBB COUNTY Compensation of board of education 4176 Compensation of clerk of superior court and deputy clerk 4807 Compensation of county commissioners 3369 Compensation of judge of probate court 4186 Compensation of sheriff, etc. 4178 Compensation of tax commissioner and chief clerk 4756 Juvenile court judge's compensation 4166 Probate court clerk's compensation, etc. 4219
Page 1989

COBB COUNTY, STATE COURT OF Clerk's compensation 4204 Compensation of judges 4196 Compensation of solicitor and assistants 4759 Criminal jurisdiction of justices of the peace 4360 Deputy clerks, fees 4212 Magistrates 4189 COBB JUDICIAL CIRCUIT: Compensation of district attorney and staff 1029 Judges' compensation 597 COBB-MARIETTA COLISEUM AND EXHIBIT HALL AUTHORITY ACT Amended 4350 CODE OF PUBLIC TRANSPORTATION Amended, overweight motor vehicle citations 998 CODE REVISION Designated acts repealed 3 COFFEE COUNTY Court costs for county law library 3925 School superintendent, referendum 3626 COLLEGE PARK, CITY OF Elections 3950 COLLEGES AND UNIVERSITIES Private Colleges and Universities Facilities Authority Act amended 1331 COLONIAL PIPELINE COMPANY Amendment of right-of-way easement 1521 COLQUITT COUNTY Small claims court created 4846 COLUMBIA COUNTY Land conveyance authorized 1508 , 1525 Provisions for jail and courthouse 3581 COLUMBUS, GEORGIA Charter amended 3192 Personnel review board 3870
Page 1990
COMMERCIAL ACCOUNTS Interest rates 729 COMMERCIAL FISHING LICENSES Game and Fish Code amended 823 COMMISSIONER OF AGRICULTURE See also Agriculture. Procedure to fill vacancies, proposed amendment to the Constitution 1913 COMMISSIONER OF LABOR Procedure to fill vacancies, proposed amendment to the constitution 1913 COMMUNITY AFFAIRS, DEPARTMENT OF Codes 717 COMPTROLLER GENERAL Procedure to fill vacancies, proposed amendment to the Constitution 1913 COMPUTERS Computer System Protection Act 947 CONASAUGA JUDICIAL COURT Additional judge 500 C.S.S. GEORGIA Conveyance to U.S. Department of the Army, Corps of Engineers authorized 1485 CONFIRMATION PROCEDURES Sales of real estate under foreclosure proceedings 834 CONSERVATION, STATE DIVISION OF Lawsuits 637 CONSIDERATION Defined, etc. 876 CONSTABLES Qualifications, illegal acts 496
Page 1991
CONSTITUTIONAL AMENDMENTS Procedure, proposed amendment to the Constitution 1911 Summaries of general amendments 660 CONSTITUTIONAL AMENDMENTS PUBLICATION BOARD Act amended 116 CONSTITUTIONAL OFFICES Procedure to fill certain vacancies, proposed amendment to the Constitution 1913 CONSTITUTIONAL REVISION Legislative overview committee 1539 CONSTRUCTION INDUSTRY LICENSING BOARD Act amended 844 , 845 , 1703 CONSUMERS' UTILITY COUNSEL Position created, etc. 139 CONTRACTS Consideration defined 876 Guaranty and suretyship defined, etc. 870 CONTROLLED SUBSTANCES Board of Pharmacy Act amended 557 COOK COUNTY Compensation of county commissioners 4251 Small claims court created 4794 CORDELE, CITY OF Liens 4228 CORONERS Compensation in certain counties (28,300-29,600) 3696 CORPORATIONS Contributions to influence official actions 874 Professional Corporation Act amended 976 Reviver of nonprofit corporations 1425
Page 1992
CORRECTIONAL INSTITUTION STUDY COMMITTEE Joint committee created 1568 CORRECTIONS, STATE BOARD OF Outside work for prisoners during inclement weather 1421 COUNCIL OF JUVENILE COURT JUDGES Judges' qualifications, etc. 1390 COUNTIES Bond elections, etc. in certain counties (250,000-400,000) 1439 Costs of maintaining certain prisoners 1434 Deferred compensation for employees 119 Interest rates on bonds, etc. 384 Sale of county property in certain counties (600,000 or more) (550,000 or more) 539 Taxation of wrecker services 654 COUNTIES AND MUNICIPALITIES Recreational systems 1020 COUNTY ADMINISTRATORS Appointment in certain counties (400,000-500,000) (400,000-600,000) 547 COUNTY ELECTED OFFICIALS Compensation in certain counties (145,000-165,000) (171,000-181,000) 4064 COUNTY OFFICERS Compensation in certain counties (15,300-15,800) 3227 Compensation in certain counties (145,000-165,000) 3243 Compensation in certain counties (180,000-190,000) (180,000-205,000) 4201 COUNTY TAXATION Training classes by Department of Revenue 1022 COURT BAILIFFS Compensation 685 COURT COSTS Superior courts of certain counties (600,000 or more) (550,000 or more) 532 COURT OF APPEALS Judges' retirement system amended 1235
Page 1993
COURT REPORTERS Employment in certain circuits based upon population of counties (250,000-500,000) (350,000-

500,000) 601 Travel allowance 619 COVINGTON, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments . COWETA COUNTY Small claims court created 4722 CRAWFORD COUNTY Compensation of board of commissioners 4124 CREDIT CARDS Annual fees 732 CREDIT UNIONS Group life insurance 1814 Nonprofit Credit Union Deposit Insurance Corporation Act amended 1241 Out of state credit unions doing business in Georgia 753 CRIMES Alcoholic Beverage Code amended 1269 Armed robbery 1266 Computer Systems Protection Act 947 Corporate contributions to influence official actions 874 Cruelty to children 683 Display and sale of certain materials to minors 1578 Handicapped parking law 677 Insurrection defined, etc. 868 Medical Assistance Act of 1977 962 Motor vehicle license plates, etc. 714 Motor vehicle odometer readings 649 Parking, etc. violations by lessees of leased vehicles 1004 Penalty provisions relating to theft 1576 Possession of alcoholic beverages on public school grounds 625 Public indecency during plays, etc. 915 Punishment for issuance of bad checks 1550 Punishment for removal of memorials to the dead, etc. 1552 Retired law enforcement offices, licenses to carry pistols, etc. 946 Scrap metal processors, etc. 973 Shrimping in baited waters 1003 CRIMINAL COURTS Disposition of accusations in certain counties (600,000 or more) (550,000 or more) 3278
Page 1994
CRIMINAL JUSTICE COORDINATING COUNCIL Created 1306 CRIMINAL JUSTICE IMPROVEMENT COUNCIL Created 819 CRIMINAL PROCEDURE Degree of force to apprehend suspected felons 1393 Material facts discovered by a confession 875 Prevention of family violence, etc. 880 Rules for unified appeals pursuant to code section 27-2538 approved 1532 Sentencing 1024 Trials of certain misdemeanors 828 Youthful Offender Act amended 676 CRISP COUNTY Compensation of named officials 4117 D DACULA, CITY OF Procedure to override mayor's veto 3467 DADE COUNTY Budgeting, etc. for sheriff's office 3371 Compensation of deputy clerk of superior court 4077 Compensation of probate court deputies and clerks 4079 DALTON, CITY OF Downtown Dalton Development Authority 4760 DAVIS, III, ROY Compensation for damages 4904 DAWSON COUNTY Commissioner's compensation 3047 Compensation, clerk of superior court, judge of probate court 3053 Sheriff's compensation 3050 Tax commissioner's compensation 3045 DAY CARE STUDY COMMITTEE Joint Committee created 1547
Page 1995
DECATUR, CITY OF Homestead exemptions, proposed amendment to the Constitution 1914 DECATUR COUNTY-BAINBRIDGE INDUSTRIAL DEVELOPMENT AUTHORITY Powers 3482 DEFERRED COMPENSATION Payments 119 DEKALB COUNTY See also Tabular IndexHome Rule for counties. Board of education 4364 Form of government, referendum 4304 DEKALB COUNTY, STATE COURT OF Assistant solicitors 4108 Court costs 4810 Judges' secretaries 3918 DENTISTRY Georgia Board of Dentistry 610 , 726 DEPARTMENT OF ADMINISTRATIVE SERVICES Automobile mileage allowance for State employees 856 DERDEN, MRS. WATSON V. Compensation for damages 4903 DEVELOPMENT AUTHORITIES LAW Amended as to certain counties (26,000-26,500) 542 Amended, joint authorities 1419 Amended, project, etc. defined 1457 DISABLED ADULTS PROTECTION ACT Enacted 1320 DISPOSITION OF UNCLAIMED PROPERTY ACT Amended 977 Amended, presumptions of abandonment, etc. 1330 DISTRICT ATTORNEY EMERITUS ACT Amended 696
Page 1996
DISTRICT ATTORNEYS Appointment of secretaries 672 Compensation of assistant district attorneys 711 Travel expenses, etc. 682 DISTRICT ATTORNEY'S RETIREMENT FUND Amended 1392 DIVORCE AND ALIMONY Factors in determining grant of permanent alimony 615 Visitation rights of grandparents 1318 DOMESTIC INTERNATIONAL BANKING FACILITY ACT Enacted 770 DOOLY COUNTY Board of county commissioners 3703 Board of education, referendum 4463 Compensation of tax commissioner 3700 DOUGHERTY COUNTY Albany-Dougherty Inner City Authority Act amended 4688 Albany-Dougherty Payroll Development Authority amended 3133 Compensation of named officials 4098 DOUGHERTY COUNTY, STATE COURT OF Court costs 4101 DOUGLAS, CITY OF Ad valorem taxation 3594 Coroner's compensation 3104 DOUGLAS JUDICIAL CIRCUIT Additional judge 706 DOUGLAS, JR., J.D. Compensation for damages 4893 DOWNTOWN BAINBRIDGE DEVELOPMENT AUTHORITY Created 3538 DOWNTOWN DEVELOPMENT AUTHORITIES LAW Amended 1744

Page 1997
DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY Amended 3736 DOWNTOWN SAVANNAH AUTHORITY Powers 4041 DRUG ABUSERS Hospitalization, etc. 996 DRUG AND NARCOTIC ABUSE JOINT STUDY COMMITTEE Created 1481 DRUG AND NARCOTICS AGENCY Board of Pharmacy Act amended 557 DRUGS Georgia Controlled Substances Act amended 180 DUBLIN, CITY OF Charter amended 3979 DUNCAN, J. EBB J. Ebb Duncan Parkway designated 4890 E EAST DUBLIN, TOWN OF New charter 4645 EASTERN JUDICIAL CIRCUIT Judges' salaries 548 EAST POINT, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments EBERNEZER RIVER Scenic Rivers Act of 1969 amended 459
Page 1998
EDUCATION Adequate Program for Education in Georgia Act amended 667 , 766 , 774 , 1565 Audits in certain counties (250,000-500,000) (350,000-500,000) 4241 Compensation of boards in certain counties (34,000-34,500) 529 Compensation of boards of education in certain counties (400,000-600,000) (400,000-525,000) 755 Compensation of boards of education in certain counties (550,000 or more) (600,000 or more) 4362 Georgia Higher Education Loan Program, etc. 735 Immunization of children entering public schools, etc. 756 Members of county boards 1549 Possession of alcoholic beverages on public school grounds 625 Postsecondary Educational Authorization Act of 1978 amended 899 Qualifications of school board members in certain counties (350,000-500,000) (400,000-500,000) 602 Quick start programs 893 Records and reports of attendance 829 Resignation of county board members and county superintendants 643 Tuition equalization grants 1377 EFFINGHAM COUNTY Compensation of tax commissioners, etc. 4223 ELBERT COUNTY Compensation of board of commissioners 4120 ELECTIONS Absentee voting in certain counties (600,000 or more) (550,000 or more) 534 Boards of elections created in certain counties (11,340-11,390) 3090 Boards of elections created in certain counties (45,550-50,550) 3668 Boards of registration and elections in certain counties (350,000-600,000) (350,000-500,000) 3309 Election boards in certain counties (18,150-18,250) 3144 Elections in certain counties (400,000-525,000) 1581 Georgia Election Code Amended 1718 , 1798 Municipal Election Code and Election Code amended 1238 Qualifications of school board members in certain counties (350,000-500,000) (400,000-500,000) 602 Sale of alcoholic beverages on election days in certain counties (35,000 or more) 460 Superintendent of elections in certain counties (600,000 or more) (550,000 or more) 535 Use of county registration lists by municipalities in certain counties (400,000-600,000) (400,000-500,000) 545 ELECTRIC MEMBERSHIP CORPORATION ACT Amended, fees of clerks of superior courts 1396 Enacted 1587
Page 1999
ELK RIVER RESOURCES, INC. Easement to land 2-B EMERGENCY MANAGEMENT ACT OF 1981 Enacted 389 EMINENT DOMAIN Acquisition of property for future transportation purposes 878 Pipeline construction 789 EMPLOYEE'S HEALTH INSURANCE PLAN Amended 983 Employee defined, costs 425 EMPLOYEE'S RETIREMENT SYSTEM OF GEORGIA ACT Amended, appellate court judges 1235 Amended, credit for service in the General Assembly 1856 EMPLOYMENT Age discrimination prohibited 636 Equal Employment for the Handicapped Code 1803 EMPLOYMENT SECURITY LAW Amended 390 , 413 ENERGY REGULATORY REFORM COMMISSION Created 1499 ENGINEERS AND LAND SURVEYORS Act amended 763 ENVIRONMENTAL PROTECTION DIVISION Executive Reorganization Act of 1972 amended 838 EQUAL EMPLOYMENT FOR THE HANDICAPPED CODE Enacted 1803 ESTATES Appointment of county administrators in certain counties (400,000-600,000) (400,000-500,000) 547 Suits against representatives of obligors 852
Page 2000
EVAN COUNTY Small claims court act amended 3298 EVIDENCE Material facts discovered by a confession 875 EXECUTIVE REORGANIZATION ACT OF 1972 Amended, Board of Public Safety 814 Amended, Georgia Intracoastal Waterway Commission 1017 Amended, Southeastern Interstate Forest Fire Protection Compact 638 Division of Environmental Protection 838 Franklin D. Roosevelt Warm Springs Memorial Advisory Committee 849 EYE BANKS Health Code amended 611 EZELL, JAMES W. Compensation for damages 4908 F FAMILY AND CHILDRENS SERVICES Members of boards in certain counties (550,000 or more) 960 FAMILY VIOLENCE Procedure to prevent, etc. 880 FAMILY VIOLENCE SHELTERS Duties of Department of Human Resources, etc. 663 FANNIN COUNTY Compensation of judge of probate court, etc. 4829 Coroner placed on

salary basis 4106 FARMERS' MUTUAL FIRE INSURANCE COMPANIES Act amended 809 FARM WINERY LAWS Joint committee created 1533 FARROW, DANNY R. Land conveyance authorized 4897
Page 2001
FAYETTE COUNTY Compensation of coroner 4284 Small Claims court 3092 FEDERAL CENSUS Effective dates as used in statutory law 951 FINANCIAL INSTITUTIONS CODE OF GEORGIA Amended 1241 , 1366 , 1566 Funds in care of nursing homes 848 FIRE COMMISSIONER Georgia Safety Fire Commissioners Act amended 1779 FIRE DEPARTMENTS Pension system for members of paid departments in certain cities (more than 300,000) 3553 FIRE PROTECTION STUDY COMMITTEE Created 1517 FIREMEN Pension system in certain counties amended (550,000 or more) (600,000 or more) 3257 FIREMEN'S RETIREMENT SYSTEM ACT Amended 608 FISCAL IMPACT NOTES ACT Enacted 1809 FISHING Use of power drawn nets regulated 688 FISHING LICENSE Fees, etc. 144 FITZGERALD AND BEN HILL COUNTY DEVELOPMENT AUTHORITY Act amended 3957 FITZGERALD, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments.
Page 2002
FITZGERALD, GUY A. Compensation for damages 4897 FLOYD COUNTY See also Tabular IndexHome Rule for Counties Board of county commissioners 3023 Compensation of members of school board 4193 Merit system amended 3638 Salaries, clerk of superior court, judge of probate court 3030 Tax commissioner's compensation 3027 FORECLOSURES Confirmation of sales of real estate 834 FOREST PARK, CITY OF Corporate limits 3117 FORESTRY Proceeds from sale of seedlings 1385 FORSYTH AND CHEROKEE COUNTIES, STATE COURT OF Salaries, etc. 3853 FORSYTH COUNTY Compensation of county commissioners 3155 FRANCHISES Cable television, etc. 865 FULTON COUNTY Civil service board Act amended 3221 Withdrawal from pension system, etc. by elected officials 4302 FULTON COUNTY, STATE COURT OF Chief clerk 3267 Compensation of chief judge 3537 Court costs 3264 Jurisdiction of magistrates, etc. 3546 Secretaries and bailiffs for magistrates 3262
Page 2003
G GAME AND FISH CODE Amended 144 , 798 Commercial fishing licenses, etc. 823 Fishing with power drawn nets 688 Handguns for hunting deer 730 Public fishing areas, etc. 1380 Shrimping in baited waters 1003 Trappers and fur dealers regulations 1006 GARDEN CITY City administrator 3776 GARNISHMENT Child support or alimony 804 Procedure, etc. 383 GENERAL APPROPRIATIONS ACT Enacted 1036 GENERAL ASSEMBLY Campaign Financial Disclosure Act amended 851 Compensation of Speaker of House of Representatives 894 Distribution of journals 818 Employees' Retirement System Act amended 1856 Payment of compensation upon death of members 699 GEMS Dealers in gems regulated 1570 GEOLOGISTS Registration Act of 1975 amended 777 GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT Amended, vacancies 692 GEORGIA ALCOHOLIC BEVERAGE CODE See also Alcoholic Beverages. Amended 1269 Possession on public school grounds 625 GEORGIA BOARD OF DENTISTRY Amended 726 Members 610 GEORGIA BOAT SAFETY ACT Amended 147 Bonds for regattas, etc. 987
Page 2004
GEORGIA CIVIL DEFENSE ACT OF 1951 Amended, local civil defense organizations 1802 GEORGIA CODE OF PUBLIC TRANSPORTATION Amended 953 , 955 Amended, overweight motor vehicle citations 998 GEORGIA COGENERATION ACT Amended 808 GEORGIA COMMISSION ON WOMEN'S OPPORTUNITIES Created 1850 GEORGIA COMPUTER SYSTEMS PROTECTION ACT Enacted 947 GEORGIA CONTROLLED SUBSTANCES ACT Amended 180 GEORGIA CONVOCATION ON FEDERALISM A resolution 136 GEORGIA COUNCIL FOR THE ARTS AND HUMANITIES Appointment of a poet laureate 1394 GEORGIA CRIMINAL JUSTICE IMPROVEMENT COUNCIL Created 819 GEORGIA ELECTRIC MEMBERSHIP CORPORATION ACT Enacted 1587 GEORGIA EMERGENCY MANAGEMENT ACT OF 1981 Enacted 389 GEORGIA ENERGY REGULATORY REFORM COMMISSION Created 1499 GEORGIA HAZARDOUS WASTE MANAGEMENT AUTHORITY ACT Enacted 462
Page 2005

GEORGIA HEALTH CODE See also Health . Amended, bill of rights for residents of long-term care facilities 149 GEORGIA HIGHER EDUCATION LOAN PROGRAM Amended 735 GEORGIA INDUSTRIAL LOAN ACT Amended 621 GEORGIA INSURANCE CODE See also Insurance . Amended, licensing, etc. of agents, brokers, etc. 1789 Group life insurance for credit union members 1814 GEORGIA INTRACOASTAL WATERWAY COMMISSION Functions transferred to Department of Transportation 1017 GEORGIA JUSTICE COURT TRAINING COUNCIL ACT Amended, exclusions 623 GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION Created, etc. 1336 GEORGIA MARKETING ACT OF 1981 Enacted 1354 GEORGIA MEAT INSPECTION ACT Amended 657 GEORGIA MEDICAL ASSISTANCE ACT OF 1977 Amended 1887 Amended, crimes 962 Claims 917 GEORGIA MILITARY FORCES REORGANIZATION ACT OF 1955 Amended 702 Amended, State flag 986 GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT Amended, repairs 1329
Page 2006
GEORGIA MOTOR VEHICLE EMISSION INSPECTION AND MAINTENANCE ACT Amended 1441 GEORGIA MOTOR VEHICLE SAFETY INSPECTION ACT Amended 1740 GEORGIA PEACE OFFICERS STANDARDS AND TRAINING ACT Amended 778 GEORGIA PRIVATE DETECTIVE AND SECURITY AGENCIES ACT Enacted 1828 GEORGIA PROFESSIONAL CORPORATION ACT Amended 976 Amended, fees of superior court clerks 1396 GEORGIA PUBLIC REVENUE CODE See also Revenue . Amended 1857 , 1903 Tax appraisers 1906 GEORGIA PUBLIC SERVICE COMMISSION Code amended 121 Powers, duties, hearings 409 GEORGIA RECORDS ACT Amended 1422 GEORGIA RELOCATION ASSISTANCE AND LAND ACQUISITION POLICY ACT OF 1973 Amended 1417 GEORGIA RESIDENTIAL FINANCE AUTHORITY ACT Amended 718 GEORGIA SAFETY FIRE COMMISSIONER ACT Amended 825 , 1779 GEORGIA SECURITIES ACT OF 1973 Amended 1583 Exemptions 840
Page 2007
GEORGIA SCENIC RIVERS ACT OF 1969 AMENDED Ebenezer River 459 GEORGIA SEMIQUINCENTENARY COMMISSION Created 1472 GEORGIA STATE SPEECH PATHOLOGY AND AUDIOLOGY LICENSING ACT Amended 668 GEORGIA STATE WAREHOUSE ACT Amended, minimum required bond 929 GILMER COUNTY Compensation of clerk of superior court and deputy clerk 4344 Compensation of commissioners, advisory board, etc. 4370 Deputy sheriffs 4342 Small claims court created 3202 GILMER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Bonds, proposed amendment to the Constitution 1923 GLASCOCK COUNTY Compensation of clerk of superior court 3993 Compensation of judge of probate court 3995 GLYNN COUNTY Brunswick and Glynn County Development Authority, projects 4335 BrunswickGlynn County Charter Commission amended 3850 Clerk of superior court and judge of probate court, salaries, etc. 4339 Compensation of deputy magistrate 4122 Compensation of sheriff, deputies, etc. 3351 Compensation of tax commissioners, etc. 3354 School superintendent 4331 Vacancies on board of county commissioners 3356 GLYNN COUNTY, STATE COURT OF Terms, compensation of certain personnel 3359 GORDON COUNTY Office of county commissioner created, etc., referendum 3269 School superintendent, referendum 3586 GRADY COUNTY, STATE COURT OF Election of judge, etc. 3859 Juries 3857
Page 2008
GRADY MEMORIAL HOSPITAL Study committee 1540 GRAIN DEALERS Licensing, etc. 927 GRAND JURIES Investigative grand juries in certain counties (400,000-500,000) (400,000-600,000) 544 GRANDPARENTS Visitation rights, etc. 1318 GREENE COUNTY Compensation of named county officials 3877 Compensation of tax commissioner, etc. 3881 Motor vehicle for use by sheriff 4230 GRIFFIN, CITY OF Chairman of board of commissioners 3658 GRIFFIN-SPALDING COUNTY DEVELOPMENT AUTHORITY ACT Amended 4875 GUARANTY Defined, etc. 870 GWINNETT COUNTY Airport Authority Act amended 3821 Compensation, clerk of superior court, judge of probate court 3142 Compensation of county commissioners 3135 Compensation of tax commissioner 3138 Homestead exemptions, proposed amendment to the Constitution 1921 Industrial building authority Act amended 3831 Ownership, etc. of pinball machines 3115 Public facilities authority Act amended 3825 Recorder's court, judge, solicitor 3038 Recreation authority Act amended 3828 Sheriff's compensation 3140 Water and Sewerage Authority Act amended 3818 GWINNETT COUNTY, STATE COURT OF Jury trials, salaries, etc.

3033
Page 2009
H HABERSHAM COUNTY Coroner's compensation 3082 HABERSHAM COUNTY, STATE COURT OF Compensation of judge and solicitor 3087 Solicitor's secretary 3084 HABERSHAM COUNTY WATER AND SEWERAGE AUTHORITY Created 3327 HANCOCK COUNTY Small claims court Act amended 3325 HANDICAPPED PARKING LAW Amended 624 , 677 HANDICAPPED PERSONS Equal Employment for the Handicapped Code enacted 1803 Public policy toward housing, etc. 1469 HARALSON COUNTY Compensation of county commissioner 3933 Compensation of judge of probate court 3935 Treasurer's compensation 3930 Water authority members, etc. 4247 HARBERT CORPORATION Easement to land 2-B HART COUNTY Board of finance 3966 Compensation of clerk of superior court 3964 Compensation of coroner 3962 Small claims court Act amended 4168 HARTWELL, CITY OF Elections, etc. 3960 HAYDEN, Jack Compensation for damages 4894

Page 2010
HAZARDOUS WASTE See also Waste . Georgia Hazardous Waste Management Authority Act 462 HEALTH Ambulance services 1315 Claims under Medical Assistance Act of 1977 917 Compensation of employees of certain institutions for damages 854 Confidentiality of hospitalization 985 Disabled Adults Protection Act 1320 Form of birth certificates 1456 Hospitalization and treatment procedures for alcoholics 785 Hospitalization and treatment procedures for the mentally ill 787 Hospitalization, etc. of alcoholics, drug abusers, etc. 996 Immunization of children entering public schools, etc. 756 Medical Assistance Act of 1977 amended, crimes 962 Permits to operate certain medical institutions 920 Registration of spinal-cord disabled 1027 Reports of child abuse by physicians, etc. 1034 HEALTH CODE See also Georgia Health Code Eye banks 611 HEARD COUNTY Clerk of superior court, compensation 3179 County commissioner, compensation 3184 Probate court judge, compensation 3174 Sheriff, compensation 3181 Tax commissioner's compensation 3177 HENRY COUNTY Compensation of named county officials 4006 Compensation of treasurer 4004 Small claims court act amended 4001 Water and sewerage authority act amended 4011 HIGHER EDUCATION LOAN PROGRAM Amended 735 HILLSMAN, ROBERT Robert Hillsman Bridge designated 4899 HOMERVILLE, CITY OF Exchange of land authorized 1515
Page 2011
HOMESTEAD EXEMPTIONS Alternative exemptions, etc. 626 Applications, etc. in certain counties (34,00034,500) 528 Leased property in certain counties (10,450-10,650) 1267 Procedure for returning, etc. local homestead exemptions 117 HOME SOLICITATION SALES ACT Amended 1795 , 1797 HOSPITALIZATION AND TREATMENT PROCEDURES FOR ALCOHOLICS, ETC. Health code amended 785 HOSPITALIZATION AND TREATMENT PROCEDURE FOR THE MENTALLY ILL Health code amended 787 HOUSE OF REPRESENTATIVES Compensation of Speaker 894 HOUSING AUTHORITIES Authority to initiate projects 1420 HOUSTON COUNTY Compensation of county commissioners 3112 HOUSTON COUNTY, STATE COURT OF Terms of court 3551 HUMAN RESOURCES, DEPARTMENT OF See also Health . Family violence shelters 663 HUNTING Handguns for hunting deer 730 HUNTING LICENSES Fees, etc. 144 HUSBAND AND WIFE Gifts from wife to husband 704
Page 2012
I IDEAL, CITY OF Terms of mayor and councilmen 4210 INDEMNIFICATION FOR DEATH OF CERTAIN LAW ENFORCEMENT OFFICERS, ETC. Act amended 477 INDUSTRIAL LIFE INSURANCE Code amended 936 INDUSTRIAL LOAN ACT Amended 621 INDUSTRY AND TRADE, DEPARTMENT OF Moving expenses of employees 429 INSURANCE Accident and sickness policies 640 Farmer's Mutual Fire Insurance Companies 809 Georgia Insurance Code amended 1789 Georgia Life and Health Insurance Guaranty Association 1336 Group life insurance for credit union members 1814 Group policies for services within scope of optometrists 817 Group self insurance funds for worker's compensation 1759 Industrial life insurance 936 Motor vehicle accident reparations act amended 1329 Optional coverage for certain mental or nervous disorders 896 Out patient services under accident and sickness policies 991 Premium Finance Company Act, amended 760 Sickness and accident policies 1009 Taxation of life insurance companies 380 INSURED FINANCIAL INSTITUTIONS Loans 784 INSURRECTIONS Defined, etc. 868 INTANGIBLE RECORDING TAX Exemption 775

Page 2013
INTEREST Act regulating real estate transactions amended 480 Bonds 384 Industrial Loan Act amended 621 Refunds of interest on add-on interest loans 1016 Unliquidated damages 681 INTEREST AND USURY Commercial accounts 729 INTERNATIONAL BANKING Domestic International Banking Facility Act 770 INVESTIGATIVE GRAND JURIES Provisions for certain counties (400,000-600,000) (400,000-500,000) 544 IRRIGATION SYSTEMS Regulations, etc. 1256 IRWIN COUNTY Compensation of chairman of board of commissioners 3865 J JACKSON COUNTY Compensation of named county officials 4021 JAIL OVERCROWDING Executive branch urged to continue study effort 1495 JEFFERSON COUNTY Personnel in office of clerk of superior court 3694 Personnel in sheriff's office 3691 Personnel in tax commissioner's office 3689 JEKYLL ISLAND-STATE PARK AUTHORITY ACT Ordinances, etc. 1436 JESUP, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments . JOHNSON COUNTY Compensation of board of commissioners 3984 Small claims court created 4031 JOHNSON, RODNEY B. Compensation for damages 4909
Page 2014
JOINT CITY-COUNTY TAX BOARDS Act creating in certain counties amended (600,000 or more) (550,000 or more) 3283 JOINT-SECRETARY STATE EXAMINING BOARDS Duties, etc. 1898 JONES COUNTY Compensation, county commissioners 3225 Small claims court act amended 4067 JURIES Alternative provisions for exemptions 652 Selection of traverse juries in certain counties (250,000-500,000) (350,000-500,000) 4242 JUSTICES OF THE PEACE Constables 496 Training Council Act amended 623 JUVENILES Definitions, arrests, etc. 862 JUVENILE COURTS Judges' qualifications, etc. 1390 K KLEIN, DR. JOHN J. Compensation for damages 4895 L LABOR, COMMISSIONER OF Act regulating employment of children amended 792 Procedure to fill vacancies, proposed amendment to the Constitution 1913 LABOR, DEPARTMENT OF Supplemental appropriation 673 LAGRANGE, CITY OF Corporate limits 3106
Page 2015
LAMAR COUNTY Compensation of judge of probate court 3955 Small claims court 4264 LAND ACQUISITION POLICY ACT OF 1973 Amended 1417 LANDSCAPE ARCHITECTS Exemptions 781 LANIER COUNTY Small claims court created 3452 LAURENS COUNTY Compensation of tax commissioner 3982 Small claims court Act amended 3733 LAW ENFORCEMENT OFFICERS Act providing for indemnification for deaths amended 477 Limitations on tort actions 655 LEE COUNTY Small claims court created 3491 LEESBURG, CITY OF Charter amended 3583 LEGAL ADVERTISEMENTS Fees 1808 LEGISLATIVE COUNSEL Summaries of general proposed amendments to the Constitution 660 LENDER CREDIT CARD ACT Amended, annual fees 732 LIBERTY COUNTY Small claims court Act amended 3383 LIBERTY COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Project defined 3381
Page 2016
LIBRARIES, LAW Act authorizing amended as to certain counties (550,000 or more) 959 LIBRARY Long term leases by municipalities to provide library services 833 LICENSED PRACTICAL NURSES Act amended 1815 LIENS Actions to enforce 846 Bonding requirements for mechanics and materialmen's liens 916 Fees, etc. of clerks of the superior courts 1396 LIFE INSURANCE COMPANIES Taxation 380 LINCOLNTON, CITY OF Charter amended 4024 LITTER CONTROL LAW Amended 1758 LOANS BY INSURED FINANCIAL INSTITUTIONS Repeal of prior act 784 LOCAL GOVERNMENT IMPACT FISCAL NOTES ACT Enacted 1809 LOCAL HOMESTEAD EXEMPTIONS Procedure, etc. for claiming 117 LOCUST GROVE, CITY OF Elections 4174 LONG COUNTY Clerk of superior court 4277 Probate court judge 4269 Sheriff 4272 Small claims court Act amended 3945 Tax commissioner 4274
Page 2017
LOUISVILLE, CITY OF Police court fines 3796 M MACON-BIBB COUNTY URBAN DEVELOPMENT AUTHORITY Bonds 4872 MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY ACT Amended 3464 MACON, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments . MACON

COUNTY Construction of covenant agreements with recreation commission 1491 Small claims court created 3120 MACON JUDICIAL CIRCUIT Additional judge 1445 MARIETTA, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments . Cobb-Marietta Coliseum and Exhibit Hall Authority Act amended 4350 Downtown development authority act amended 3736 MARION COUNTY Compensation of deputy sheriff 4234 MARKETING ACT OF 1981 Enacted 1354 MARRIAGE LICENSES Issuance in certain counties (600,000 or more) (550,000 or more) 531 MARSHES Notice of proposed burning 895 MASTER AND SERVANT Payment as release, etc. 639 McDONOUGH, CITY OF New charter 3387
Page 2018
McDUFFIE COUNTY Compensation of tax commissioner 4094 McINTOSH COUNTY Small claims court 4346 McINTOSH RESERVE HISTORICAL AUTHORITY Created 4697 McLAIN, DONALD B. Compensation for damages 4906 MECHANICS AND MATERIALMEN'S LIENS Bonding requirements 916 MEDICAL ASSISTANCE ACT OF 1977 Amended 1887 Amended, claims 917 Amended, commissioner's salary 855 Amended, crimes 962 MEDICAL INSTITUTIONS Permits to operate 920 MEMORIALS TO THE DEAD Punishment for removal, etc. 1552 MENTAL DISORDERS Optional insurance coverage 896 MENTAL HEALTH Joint Local Mental Health and Mental Retardation Governance Study Committee created 1502 MENTAL HEALTH SPECIAL STUDY COMMISSION Created 1487 MENTALLY ILL Hospitalization and treatment procedure 787 MERCER UNIVERSITY SCHOOL OF MEDICINE Commitment of General Assembly 1470
Page 2019
MERIWETHER COUNTY Compensation of deputy sheriffs 4287 Coroner, clerk of superior court, etc. 3189 County commissioners' compensation 3172 Small claims court 3006 METALS Dealers in precious metals regulated 1570 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965 Amended 4289 Easement of land authorized 1504 MIDDLE GEORGIA CONSORTIUM, INC. Incorporation ratified, etc. 444 MILLEDGEVILLE PUBLIC FACILITIES AUTHORITY Created 3311 MILLER COUNTY Board of education, referendum 4713 Small claims court 3231 MITCHELL COUNTY Coroner's corporation 3731 Fees received by judge of probate court 3728 MONROE, CITY OF Contracts 3848 MONROE COUNTY Small claims court 4189 MONTGOMERY COUNTY Small claims court created 3645 MONTROSE, TOWN OF Charter amended 4157 MOREHOUSE SCHOOL OF MEDICINE Committment of General Assembly 1483
Page 2020
MORGAN COUNTY Compensation of board of commissioners 3883 Compensation of clark of superior court 3875 MOTOR FUEL Delivery to service stations 1019 MOTOR VEHICLE CERTIFICATE OF TITLE ACT Amended 473 , 617 , 644 , 883 Scrap metal processors' responsibility 973 MOTOR VEHICLE EMISSION INSPECTION AND MAINTENANCE ACT Amended 1441 MOTOR VEHICLES Accident reparations act amended 1329 Crimes relating to odometer readings, etc. 649 Free license plates for prisoners of war 516 Handicapped parking law amended 624 , 677 License plates, etc. 714 Odometer readings 517 Parking, etc. violations by lessees of leased vehicles 1004 Removal of abandoned motor vehicles, etc. 469 Safety inspection Act amended 1740 Securing of loads, etc. 705 Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act 900 MOTOR VEHICLE SALES FINANCE ACT Amended 703 MOUNTAIN JUDICIAL CIRCUIT Additional judge 494 MULLINS, MICHAEL R. Compensation for damages 4907 MUNICIPAL HOME RULE ACT OF 1965 Amended 1741 Amended, reapportionment of council, etc. districts 497 MUNICIPAL ELECTION CODE Amended 1238 , 1430 , 1728 , 1801 Primary expenses 486 Registrars and deputy registrars 1716 Voter registration list in certain municipalities (less than 20,000) in certain counties (400,000-600,000) 551
Page 2021
MUNICIPAL ELECTIONS Authority of certain counties to hold (600,000 or more) (550,000 or more) 536 Use of county registration lists by municipalities in certain counties (400,000-600,000) (400,000-500,000) 545 MUNICIPALITIES Abatement of nuisances 1739 Ad valorem taxation in certain cities (17,000-20,000) in certain counties (400,000-600,000) (350,000-500,000) 599 Annexation based upon population of counties (200,000-500,000) (350,000-500,000) 4237 City Business Improvement District Act as to certain cities (400,00 or more) 4531 Deferred compensation for employees 119 Downtown Development Authorities Law amended 1744 Interest rates on bonds,

etc. 384 Joint City-County Boards of tax assessors in certain counties based on population of cities (More than 400,000) 594 Lease of recreational properties by certain municipalities (300,000 or more) 3196 Litter control 1758 Long term leases to provide library services 833 Municipal Home Rule Act of 1965 amended 497 Registration of electors in certain municipalities based upon county population (400,000-525,000) 1238 Sale of municipal property 831 Taxation of wrecker services 654 Zoning of annexed land in certain counties (400,000-600,000) (400,000-500,000) 3310 MUNICIPALITIES AND COUNTIES Recreational systems 1020 MUNICIPAL PENSION SYSTEMS Amended as to certain cities (more than 300,000) 3569 , 4376 Pension system for members of police departments of certain cities amended (300,000 or more) 4381 MURRAY COUNTY Chatsworth-Murray County Water and Sewerage Authority created 3779 Compensation of county commissioner 3021 Compensation of named county officials 3018 MUSCOGEE COUNTY School district, members, etc. 4885 Valuation of homestead property, proposed amendment to the Constitution 1926
Page 2022
N NATURAL RESOURCES Concessions in State Parks and recreational areas 980 NERVOUS DISORDERS Optional insurance coverage 896 NEWNAN, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. NEWTON COUNTY Compensation of board of commissioners 4719 Compensation of named officials 3304 Industrial development authority Act amended 3302 NONPROFIT CORPORATIONS Reviver procedure 1425 NONPROFIT CREDIT UNION DEPOSIT INSURANCE CORPORATION ACT Amended 1241 NORTHEASTERN JUDICIAL CIRCUIT Salary, etc. of district attorney 521 NUISANCES Abatement in municipalities 1739 Procedure to abate, etc. 867 NURSING HOMES Disposition of funds in care of nursing homes 848 O OBSOLETE ACTS Named acts repealed 3 OCMULGEE JUDICIAL COURT Judges' compensation 168 Terms 553
Page 2023
ODOMETER READINGS Crimes 649 Motor vehicle certificate of title Act amended 517 OFFENDER REHABILITATION, DEPARTMENT OF Cost of maintaining certain prisoners 1434 Damage to employees' wearing apparel 1429 OGLETHORPE COUNTY Small claims court created 3418 OPTICIANS State Board of Dispensing Opticians Act amended 1378 OPTOMETRISTS Group insurance policies for services within scope of optometrists 817 P PALMETTO, CITY OF Homestead exemptions, proposed amendment to the Constitution 1928 PARDONS AND PAROLES, STATE BOARD OF Discretion 1024 PARDONS AND PAROLES Revocation hearings, etc. 812 PARKING Handicapped parking law amended 624 , 677 PATAULA JUDICIAL CIRCUIT Additional judge 508 PATTERSON, City of New charter 4545 PAULDING COUNTY Appointment, removal, etc. of named county officials 4279 Civil service system 4282 Compensation of clerk of superior court and judge of probate court 4221 PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT Peace officer defined 710
Page 2024
PEACE OFFICERS STANDARDS AND TRAINING ACT Amended 778 PEACH COUNTY Charter commission created 4126 PEACHTREE CITY INDUSTRIAL BUILDING AUTHORITY Powers 4267 PELHAM, CITY OF Conveyance of flagpole 1528 PENNINGTON, BROOKS Brooks Pennington Bridge designated 4900 PENSIONS Rights of employees of cities and counties based upon population of counties (More than 550,000) 4299 PERSONNEL BOARD, STATE Quorum, etc. 1026 PETROLEUM Act providing for construction, etc. of pipelines, amended 789 PFUND, JOSEPH Land conveyance 1510 PHARMACY Board of Pharmacy Act amended 557 , 782 PINE MOUNTAIN, TOWN OF Town clerk 3199 PIPELINES Act providing for construction, etc. amended 789 PISTOL OR REVOLVER LICENSES Act amended 1325 Licenses to carry, retired law enforcement officers 946
Page 2025
PLANNING AND BUDGET, OFFICE OF Residential Conservation Service Act of 1981 1258 PLATS Recording in certain counties (600,000 or more) (550,000 or more) 3279 POET LAUREATE Appointment 1394 POLICE, CAMPUS Arrest powers, etc. in certain municipalities (400,000 or more) 806 POLICEMEN Pension system in certain counties amended (550,000 or more) (600,000 or more) 3257 POLITICAL SUBDIVISIONS

Deferred compensation for employees 119 Requirements of retirement systems 931 PORT WENTWORTH, CITY OF Corporate limits 3911 POSTSECONDARY EDUCATIONAL AUTHORIZATION ACT OF 1978 Amended, exemptions 899 POULTRY HAULING Code of Public Transportation amended 133 PRACTICAL NURSES Licensing Act amended 1815 PRACTICE AND PROCEDURE Abatement of nuisances, etc. 867 Abatement of nuisances in municipalities 1739 Bonding requirements, etc. for mechanics and materialmen's liens 916 Breach of good behavior bonds 622 Child support recovery act amended 796 Confirmation of sales under foreclosure proceedings on real estate 834 Default judgments 769 Enforcement of liens 846 Factors in determining grant of permanent alimony 615 Fees, etc, of clerks of superior court 1396 Garnishment 383 Garnishment of certain retirement benefits for alimony or child support 804
Page 2026
Interest on unliquidated damages 681 Limitation of actions for torts against law enforcment officers 655 Rules for unified appeals approved 1532 Suits against representatives of obligors 852 Trials of certain misdemeanors 828 Visitation of grand parents with grand children under certain circumstances 1318 PRISONERS Costs of maintaining certain prisoners 1434 Outside work during inclement weather 1421 PRISONERS OF WAR Free license plates 516 PRISON OVERCROWDING Executive branch urged to continue study effort 1495 PRIVATE COLLEGES AND UNIVERSITIES FACILITIES AUTHORITIES ACT Amended 1331 PRIVATE DETECTIVES Licensing Act 1829 PROBATE COURTS Appointment of county administrators in certain counties (400,000-600,000) (400,000-500,000) 547 Disposition of fines in certain counties (6,900-6,950) 4301 Issuance of marriage licenses in certain counties 531 Judges may administer oaths in certain counties (600,000 or more) (550,000 or more) 3286 Minimum salaries for judges, etc. 518 Offices in certain counties (600,000 or more) (550,000 or more) 530 PROFESSIONAL CORPORATIONS ACT Amended 976 PROFESSIONAL ENGINEERS AND LAND SURVEYORS ACT Amended 763 PROPERTY Acquisition for public road, etc, purposes 878 Disposition of Unclaimed Property Act amended 977
Page 2027
PROPOSED AMENDMENTS TO THE CONSTITUTION Summaries of general amendments 660 PUBLIC CORPORATIONS Interest rates on bonds, etc. 384 PUBLIC INDECENCY DURING PLAYS, ETC. Act repealed 915 PUBLIC POLICY Housing, etc. for handicapped citizens 1469 PUBLIC PROPERTY Sale of municipal property 831 PUBLIC REVENUE Payment of taxes in certain counties (350,000-500,000) (350,000-600,000) 388 PUBLIC REVENUE CODE Amended 1554 , 1857 , 1903 Amended, leased property eligible for homestead exemption in certain counties (10,450-10,650) 1267 Tax appraisers 1906 PUBLIC SAFETY, BOARD OF Executive Reorganization Act of 1972 amended 814 PUBLIC SAFETY, DEPARTMENT OF Powers, duties, etc. 1450 Security guard division 684 PUBLIC SALES Uniform Commercial Code amended 635 PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM ACT Amended 633 Amended, death benefits 527 Creditable service 1888 PUBLIC SCHOOLS Possession of alcoholic beverages on public school grounds 625
Page 2028
PUBLIC SERVICE COMMISSION Code amended 121 Georgia Cogeneration Act amended 808 Powers, duties, hearings 409 PUBLIC TRANSPORTATION, CODE OF Amended 953 , 955 Vehicles hauling poultry 133 PUBLIC WAYS Cost of cleaning, etc. in certain counties (550,000 or more) 3259 PULASKI COUNTY Deputy sheriffs, etc. 4181 PULPWOOD AND TIMBER Sale regulated 935 PUTNAM COUNTY Small claims court created 3287 Q QUITMAN COUNTY Small claims court created 3212 R REAL ESTATE Act regulating transactions amended 480 Sold signs in certain counties (350,000-500,000) (400,000-500,000) 4239 REAL ESTATE COMMISSIONER Powers, duties, etc. 1311 RECORDS Georgia Records Act amended 1422 RECREATION EXAMINERS ACT Amended 423 RECREATIONAL SYSTEMS Municipalities and counties 1020
Page 2029
REGENTS, STATE BOARD OF Quick start education programs 893 Urged to seek agreements with adjacent states on tuition rates 1536 REGISTRATION OF GEOLOGISTS ACT OF 1975 Amended 777 REGULATION OF DEALERS IN PRECIOUS METALS OR GEMS Enacted 1570 REGULATORY CODES Enforcement of codes in certain counties (550,000 or more) 3261 REPEALED ACTS Named acts relating to the Turner County repealed

3743 Named acts relating to Worth and other counties repealed 3739 RESACA, TOWN OF New Charter 3746 RESIDENTIAL CONSERVATION SERVICE ACT OF 1981 Enacted 1258 RESIDENTIAL FINANCE AUTHORITY ACT Amended 718 RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT Amended 1795 , 1797 RETIREMENT Garnishment of benefits for alimony or child support 804 Requirements of political subdivision retirement systems 931 Act protecting rights in certain counties ammended (550,000 or more) (600,000 or more) 3258 Pension system for policemen and firemen in certain counties amended (550,000 or more) (600,000 or more) 3257 REVENUE See also Public Revenue Code. Ad valorem taxation in certain cities (17,00020,000) in certain counties (400,000-600,000) (350,000-500,000) 599 Delivery of motor fuel to service stations 1019 Free motor vehicle license plates for prisoners of war 516 Intangible recording tax exemptions 775
Page 2030
Joint city-county boards of tax asessors in certain counties based on population of cities (more than 400,000) 594 Limitations on ad valorem tax executions 791 Motor Vehicle Certificate of Title Act amended 617 , 644 , 883 Motor vehicle license plates, etc. 714 Payment of taxes in certain counties (600,000 or more) (550,000 or more) 538 Tax due dates in certain counties (600,000 or more) (550,000 or more) 533 Taxation of wrecker services 654 Training classes in areas of county taxation 1022 REVENUE BONDS Brunswick Port Authority 604 REYNOLDS, CITY OF Elections 4161 RICHMOND COUNTY Ad valorem taxation 3673 City of AugustaCounty of Richmond Criminal Advisory Commission 4901 Duties of superintendent of schools 3656 Member of board of education, referendum 3677 School taxes 3675 RICHMOND COUNTY, CIVIL COURT OF Jurisdiction, rules of procedure 3575 RICHMOND COUNTY, STATE COURT OF Act amended 3544 RIVERDALE, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. ROCKDALE COUNTY See also Tabular IndexHome Rule for Counties. County commission vacancies 3152 ROOSEVELT, FRANKLIN D., WARM SPRINGS MEMORIAL ADVISORY COMMITTEE Executive Reorganization Act of 1972 amended 849 RURAL TELEPHONE COOPERATIVE ACT Amended, fees, etc. of clerks of superior courts 1396 RUSSELL, CITY OF New charter 3501
Page 2031
RUTLEDGE, CITY OF Police court fines 3873 S SAFETY FIRE COMMISSIONER ACT Amended 825 , 1779 ST. MARYS, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments. New charter 4763 SAVANNAH, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments. Compensation of board of public education, proposed amendment to the Constitution 1920 Corporate limits 3366 Downtown Savannah Authority, powers 4041 Homestead exemptions, proposed amendment to the Constitution 1917 Municipal court court costs 3446 SAVANNAH TRANSIT AUTHORITY Members 3101 SCENIC RIVERS ACT OF 1969 Amended, Ebenezer River 459 SCHOOL DISTRICTS Interest rates on bonds, etc. 384 SCRAP METAL PROCESSORS Records, etc. 973 SCREVEN COUNTY Salary of clerk of superior court, assistants 3080 SECURITIES Georgia Securities Act of 1973 amended 840 , 1583 SECURITY AGENCIES Licensing Act 1828
Page 2032
SECRETARY OF STATE Distribution of State flag, etc. 986 Fees, etc. 1396 Joint-secretary state examining boards 1898 Procedure to fill vacancies, proposed amendment to the Constitution 1913 Proposed constitutional amendments 116 Summaries of general proposed amendments to the Constitution 660 SEEDLINGS Procedures from sale by Forestry Commission 1385 SEMINOLE COUNTY Judge of probate court placed on salary basis 3254 Tax commissioner's compensation 3251 SEMIQUINCENTENARY COMMISSION Created 1472 SERVICES FOR THE AGED STUDY COMMITTEE Created 1456 SHERIFFS Compensation in certain counties (500,000 or more) (550,000 or more) 3171 Duties in certain counties (250,000-500,000) (350,000-500,000) 4238 Qualifications, etc. 1334 Transportation, etc. of involuntary patients to mental health facilities 985 SHERIFFS' RETIREMENT FUND OF GEORGIA ACT Amended 694 , 918 , 1853 , 1889 SHRIMPING IN BAITED WATERS Crimes 1003 SICKNESS AND ACCIDENT POLICIES Provisions 1009 SMALL CLAIMS COURTS Act creating in certain counties repealed (4,600-5,300) 3450 Act creating in certain counties repealed (6,825-6,925) 3223 Act creating in certain counties repealed (7,040-7,055) 3489 Act creating in certain counties repealed (8,750-8,950) 3574 Act creating in certain counties repealed (11,000-11,300) 3245 Act creating in certain counties repealed (11,775-12,100) 4016 Act creating in certain counties repealed (13,160-13,200) 3103 Act creating in certain counties repealed (13,63514,765) 3795

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Act creating in certain counties repealed (16,500-16,700) 3580 Act creating in certain counties repealed (22,83023,500) 3846 Act creating in certain counties repealed (23,300-23,699) 4018 Act creating in certain counties repealed (23,500-24,100) 3643 Act creating in certain counties repealed (32,300-32,700) 3158 Act creating in certain counties repealed (33,300-34,056) 4243 SMYRNA, CITY OF Corporate limits 4843 SOUTHEASTERN INTERSTATE FOREST FIRE PROTECTION COMPACT Representatives 638 SOUTHEASTERN RAILWAY MUSEUM Designated an official railway museum 1498 SOUTHWESTERN JUDICIAL CIRCUIT Additional judge 487 SPALDING COUNTY Compensation of board of commissioners 4140 Compensation of coroner 4129 Compensation of named county officials 4137 Compensation of tax commissioner 4135 Griffin-Spalding County Development Authority Act amended 4875 Jurisdiction of justices of the peace, proposed amendment to the Constitution 1933 Sales and use tax, proposed amendment to the Constitution 1934 SPALDING COUNTY, STATE COURT OF Compensation of judge and solicitor 4131 SPEECH PATHOLOGY State Speech Pathology and Audiology Licensing Act amended 668 SPINAL-CORD DISABLED Registration 1027 STATE AGENCIES Liability insurance for State employees 1383 STATE ALCOHOLISM ADVISORY COUNCIL ACT Amended, effective date 1433
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STATE AND THE ARTS JOINT STUDY COMMITTEE Created 1480 STATE BOARD OF PARDONS AND PAROLES Revocation hearings, etc. 812 STATE COURTS See also Tabular IndexState Courts . Advancement of court costs in certain counties (190,000-210,000) 3444 Solicitors' compensation in certain counties (300,000600,000) (300,000-500,000) 3308 STATE DIVISION OF CONSERVATION Lawsuits 637 STATE EMPLOYEES Automobile mileage allowance 856 Compensation to employees of penal institutions for damages to wearing apparel 1429 Deferred compensation 119 Deferred compensation plan amended 662 Liability insurance 1383 STATE EMPLOYEES' HEALTH INSURANCE PLAN Amended 983 Employee defined, costs 425 Inclusion of certain vendors 120 STATE EMPLOYEES' RETIREMENT SYSTEM ACT Amended 1447 Judges of Court of Appeals, Justices of the Supreme Court 1235 STATE FLAGS Distribution, etc. 986 STATE PARKS AND RECREATIONAL AREAS Concessions 980 STATE PERSONNEL BOARD Administration of deferred compensation plan 662 Quorum, etc. 1026 STATE SCHOOL SUPERINTENDENT Procedure to fill vacancies, proposed amendment to the Constitution 1913
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STATESBORO, CITY OF Downtown Statesboro Development Authority 4821 STATUTE OF LIMITATIONS Tort actions against law enforcement officers 655 STEPHENS COUNTY Small claims court Act amended 3186 STEPHENS COUNTY, STATE COURT OF Compensation of judge and solicitor 3635 Terms 3632 STEWART COUNTY Compensation of deputy sheriff 3591 STONE MOUNTAIN, CITY OF Jurisdiction of police court 4069 SUBSEQUENT INJURY TRUST FUND Act amended 836 SUGAR HILL, CITY OF Council members, terms, etc. 3708 SUMTER COUNTY Compensation of sheriff 3477 Compensation of tax commissioner 3480 Small claims court Act amended 3798 SUPERIOR COURT CLERKS' RETIREMENT SYSTEM ACT Amended 857 SUPERIOR COURT JUDGES RETIREMENT SYSTEM Act amended 407 , 1232 SUPERIOR COURTS Appointment of secretaries by district attorneys 672 Assistant district attorneys, compensation 711 Clerks, vacancies, chief deputies 733 Clerks' duties in certain counties (300,000-600,000) (300,000-500,000) 546 Clerks' fees, etc. 1396 Clerks qualifications, training, etc. 921 Clerks' Retirement Act amended 693
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Clerks' salaries 1254 Court costs in certain counties (550,000 or more) (600,000 or more) 541 Court reporters in circuits based on population of counties (250,000-500,000) (350,000-500,000) 601 District Attorney Emeritus Act amended 696 Law clerks in certain circuits 687 Recording of plats in certain counties (600,000 or more) (550,000 or more) 3279 Senior judges' expenses 1386 Travel allowance for court reporters 619 Travel expenses of district attorneys, etc. 682 SUPPLEMENTAL APPROPRIATIONS ACT Enacted 184 SUPREME COURT Justices retirement system amended 1235 SURETYSHIP Defined, etc. 870 SWAINSBORO PUBLIC FACILITIES AUTHORITY Created 4143 T TALBOT COUNTY Compensation of county commissioners 3011 Small

claims court created 4860 TATNALL COUNTY Compensation of board of county commissioners 4075 Compensation of tax commissioner, etc. 3948 Small claims court 4587 TAX ASSESSORS Joint city-county boards in certain counties based on population of cities (more than 400,000) 594 TAX BOARDS Joint City-County Boards amended (600,000 or more) (550,000 or more) 3283 TAX COLLECTORS Powers in certain counties (27,500-28,500) 713
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TAX COMMISSIONERS Powers in certain counties (27,500-28,500) 713 TAX EXECUTIONS Limitations on ad valorem tax executions 791 TAYLOR COUNTY Compensation of tax commissioners, etc. 4163 TAZEWELL, TOWN OF Charter repealed 4245 TEACHER CERTIFICATION Lifetime certification 1565 TEACHERS' RETIREMENT SYSTEM ACT Amended 698 , 1327 , 1892 , 1894 Service prior to January 1, 1945 411 TELEVISION Franchise of cable systems, etc. 865 TERRELL COUNTY Small claims court Act amended 3862 THEFT Penalty provisions 1576 THOMSON, CITY OF Recorder's court fines 3922 TIFT COUNTY Compensation of chairman of board of commissioners 4088 Compensation of clerk of superior court 4086 Compensation of judge of probate court 4082 Compensation of sheriff 4090 Compensation of tax commissioner 4084 Small claims court created 4597 Vacancies on board of commissioners 4014 TOOMBS JUDICIAL CIRCUIT Additional judge 504
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TOOMSBORO, TOWN OF See Tabular IndexMunicipalitiesHome Rule Amendments . TRADE NAMES Registration, etc. 872 TRAFFIC CONTROL SIGNS Sale, etc. of unauthorized signs 1826 TRANSPORTATION, DEPARTMENT OF Land conveyance authorized 1545 TRAPPERS AND FUR DEALERS Regulations amended 1006 TROUP COUNTY Compensation of county commissioners 4059 TRUELOVE, JAMES W. Compensation for damages 4905 TUITION EQUALIZATION GRANTS Act amended 1377 TUITION RATES Board of Regents urged to seek agreements with adjacent States 1536 TUNNEL HILL, TOWN OF Terms of commissioners, etc. 3549 TURNER COUNTY Named Acts repealed 3743 Small claims court created 4393 TYBEE ISLAND, CITY OF Corporate limits, referendum 4914 U UNCLAIMED PROPERTY Disposition of Unclaimed Property Act amended 977 , 1330
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UNFAIR CIGARETTE SALES ACT Repealed 870 UNIFORM COMMERCIAL CODE Amended 634 Fees of clerks of superior court, etc. 1396 UNION COUNTY Compensation of judge of probate court 3868 Expenses of sheriff's office 4104 UNION POINT, CITY OF Compensation of mayor and council 3535 UNITED STATES Land conveyance authorized 1461 , 1492 U.S. CONGRESS Urged to require fiscal notes 134 UNITED TECHNOLOGIES CORPORATION Land conveyance authorized 421 UNLIQUIDATED DAMAGES Interest 681 UPSON COUNTY Small claims court created 3802 Tax commissioner's compensation 3814 USED CAR DEALERS' REGISTRATION ACT Amended 767 USED MOTOR VEHICLE DISMANTLERS, REBUILDERS, AND SALVAGE DEALERS REGISTRATION ACT Enacted 900 USURY See also Interest . Georgia Industrial Loan Act amended 621
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V VENDORS Certain vendors included in State Employees' Health Insurance Plan 120 VENUE Abatement of nuisances 867 VETERANS OF FOREIGN WARS Commended 1534 VETERANS SERVICE, DEPARTMENT OF Act amended 700 VOLUNTEERS LEGAL SERVICES Act providing for volunteer legal services in certain counties amended (550,000 or more) (600,000 or more) 4451 W WADLEY, CITY OF Recorder 3110 WALKER COUNTY Coroner's compensation 3719 Personnel in office of clerk of superior court 3724 Personnel in tax commissioner's office 3721 WALNUT GROVE, CITY OF New charter 4470 WALTON COUNTY Health insurance plan 4226 Small claims court created 3834 WARE COUNTY, STATE COURT OF Salaries of judge and solicitor 3016 WAREHOUSES State Warehouse Act amended 656 WARM SPRINGS, CITY OF Land conveyance authorized 1543
Page 2041

WARNER ROBINS, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. WASHINGTON, CITY OF Ad valorem taxation 3377 WASHINGTON COUNTY Compensation of clerk of superior court 3991 Compensation of judge of probate court 3999 Compensation of sheriff, etc. 3987 Compensation of tax commissioner 3997 WASTE See also Hazardous Waste. Transport across State or County boundaries of certain counties (600,000 or more) (550,000 or more) 537 WAYCROSS, CITY OF Downtown Waycross Development Authority Act amended 4576 WAYCROSS JUDICIAL CIRCUIT Additional judge 490 WAYNE COUNTY Compensation of clerk of superior court, etc. 3348 WELFARE REORGANIZATION ACT OF 1937 Amended as to certain counties (550,000 or more) 960 WESTERN JUDICIAL CIRCUIT Judges' compensation 178 WHEELER COUNTY Clerk of superior court placed on salary basis 3915 Compensation of county commissioners 3661 Compensation of sheriff 3666 Judge of probate court placed on salary basis 3663 Office of treasurer abolished 4191 Small claims court created 3558 WHITFIELD COUNTY Compensation of board of commissioners 4092 Small claims court act amended 3577 WILDFLOWER WEEK Designated 1849

Page 2042

WILKES COUNTY Compensation of coroners 4111 Tax commissioner placed on salary basis 3374 WILKINSON COUNTY Expense allowance for county commissioners 3379 WILLIAMS, JERRY WADLEY Jerry Wadley Williams Bridge designated 4913 WINDER, CITY OF Land conveyance authorized 1489 WOODS Notice of proposed burning 895 WOODSTOCK, CITY OF Charter amended 4815 WORKERS' COMPENSATION Act amended 842 , 1585 Attorney's fees 805 Board members and employees 114 Group self insurance funds 1759 Subsequent injury trust fund 836 WORTH COUNTY Named acts repealed 3739 Small claims court created 3886 WRECKER SERVICES Taxation 654 WRENS, CITY OF Police court fines 3913 Y YOUTHFUL OFFENDER ACT Amended, consecutive misdemeanor sentences 676 Z ZONING INSPECTORS Issuance of citations in certain counties (600,000 or more) (550,000 or more) 3282

Page 2043

POPULATION OF GEORGIA COUNTIES County 1980 1970 1960 1950 1940 1930 Appling 15,565

12,726 13,246 14,003 14,497 13,314 Atkinson 6,141 5,879 6,188 7,362 7,093 6,894 Bacon 9,379 8,233 8,359

8,940 8,096 7,055 Baker 3,808 3,875 4,543 5,952 7,344 7,818 Baldwin 34,686 34,240 34,064 29,706 24,190

22,878

Banks 8,702 6,833 6,497 6,935 8,733 9,703 Barrow 21,293 16,859 14,485 13,115 13,064

12,401 Bartow 40,760 32,911 28,267 27,370 25,283 25,364 Ben Hill 16,000 13,171 13,633 14,879 14,523

13,047 Berrien 13,525 11,556 12,038 13,966 15,370 14,646

Bibb 151,085 143,366 141,249 114,079

83,783 77,042 Bleckley 10,767 10,291 9,642 9,218 9,655 9,133 Brantley 8,701 5,940 5,891 6,387 6,871 6,895

Brooks 15,255 13,743 15,292 18,169 20,497 21,330 Bryan 10,175 6,539 6,226 5,965 6,288 5,952

Bulloch 35,785 31,585 24,263 24,740 26,010 26,509 Burke 19,349 18,255 20,596 23,458 26,520 29,224 Butts

13,665 10,560 8,976 9,079 9,182 9,345 Calhoun 5,717 6,606 7,341 8,578 10,438 10,576 Camden 13,371

11,334 9,975 7,322 5,910 6,338

Campbell

9,903 Candler 7,518 6,412 6,672 8,063 9,103 8,991

Carroll 56,346 45,404 36,451 34,112 34,156 34,272 Catoosa 36,991 28,271 21,101 15,146 12,199 9,421

Charlton 7,343 5,680 5,313 4,821 5,256 4,381

Chatham 202,226 187,816 188,299 151,481 117,970

105,431 Chattahoochee 21,732 25,813 13,011 12,149 15,138 8,894 Chattooga 21,856 20,541 19,954 21,197

18,532 15,407 Cherokee 51,699 31,059 23,001 20,750 20,126 20,003 Clarke 74,498 65,177 45,363 36,550

28,398 25,613

Clay 3,553 3,636 4,551 5,844 7,064 6,943 Clayton 150,357 98,126 46,365 22,872

11,655 10,260 Clinch 6,660 6,405 6,545 6,007 6,437 7,015 Cobb 297,694 196,793 114,174 61,830 38,272

35,408 Coffee 26,894 22,828 21,953 23,961 21,541 19,739

Colquitt 35,376 32,298 34,048 33,999

33,012 30,622 Columbia 40,118 22,327 13,423 9,525 9,433 8,793 Cook 13,490 12,129 11,822 12,201 11,919

11,311 Coweta 39,268 32,310 28,893 27,786 26,972 25,127 Crawford 7,684 5,748 5,816 6,080 7,128 7,020

Crisp 19,489 18,087 17,768 17,663 17,540 17,343 Dade 12,318 9,910 8,666 7,364 5,894 4,146 Dawson 4,774

3,639 3,590 3,712 4,479 3,502 Decatur 25,495 22,310 25,203 23,620 22,234 23,622 DeKalb 483,024 415,387

256,782 136,395 86,942 70,278

Dodge 16,955 15,658 16,483 17,865 21,022 21,599 Dooly 10,826

10,404 11,474 14,159 16,886 18,025 Dougherty 100,978 89,639 75,680 43,617 28,565 22,306 Douglas 54,573

28,659 16,741 12,173 10,053 9,461 Early 13,158 12,682 13,151 17,413 18,679 18,273

Echols 2,297

1,924 1,876 2,494 2,964 2,744 Effingham 18,327 13,632 10,144 9,133 9,646 10,164 Elbert 18,758 17,262

17,835 18,585 19,618 18,485 Emanuel 20,795 18,357 17,815 19,789 23,517 24,101 Evans 8,428 7,290 6,952

6,653 7,401 7,102

Fannin 14,748 13,357 13,620 15,192 14,752 12,969 Fayette 29,043 11,364 8,199

7,978 8,170 8,665 Floyd 79,800 73,742 69,130 62,899 56,141 48,677 Forsyth 27,958 16,928 12,170 11,005

11,322 10,624 Franklin 15,185 12,784 13,274 14,446 15,612 15,902

Fulton 589,904 605,210 556,326

473,572 392,886 318,587 Gilmer 11,110 8,956 8,922 9,963 9,001 7,344 Glascock 2,382 2,280 2,672 3,579

4,547 4,388 Glynn 54,981 50,528 41,954 29,046 21,920 19,400 Gordon 30,070 23,570 19,228 18,922 18,445

16,846

Grady 19,845 17,826 18,015 18,928 19,654 19,200 Greene 11,391 10,212 11,193 12,843

13,709 12,616 Gwinnett 166,903 72,349 43,541 32,320 29,087 27,853 Habersham 25,020 20,691 18,116

16,553 14,771 12,748 Hall 75,649 59,405 49,739 40,113 34,822 30,313

Hancock 9,466 9,019 9,979

11,052 12,764 13,070 Haralson 18,422 15,927 14,543 14,663 14,377 13,263 Harris 15,464 11,520 11,167

11,265 11,428 11,140 Hart 18,585 15,814 15,229 14,495 15,512 15,174 Heard 6,520 5,354 5,333 6,975 8,610

9,102

Henry 36,309 23,724 17,619 15,857 15,119 15,924 Houston 77,605 62,924 39,154 20,964

11,303 11,280 Irwin 8,988 8,036 9,211 11,973 12,936 12,199 Jackson 25,343 21,093 18,499 18,997 20,089

21,609 Jasper 7,553 5,760 6,135 7,473 8,772 8,594

Jeff Davis 11,473 9,425 8,914 9,299 8,841 8,118

Jefferson 18,403 17,174 17,468 18,855 20,040 20,727 Jenkins 8,841 8,332 9,148 10,264 11,843 12,908

Johnson 8,660 7,727 8,048 9,893 12,953 12,681 Jones 16,579 12,270 8,468 7,538 8,331 8,992

Lamar 12,215 10,688 10,240 10,242 10,091 9,745 Lanier 5,654 5,031 5,097 5,151 5,632 5,190 Laurens

36,990 32,738 32,313 33,123 33,606 32,693 Lee 11,684 7,044 6,204 6,674 7,837 8,328 Liberty 37,583 17,569

14,487 8,444 8,595 8,153

Lincoln 6,949 5,895 5,906 6,462 7,042 7,847 Long 4,524 3,746 3,874

3,598 4,086 4,180 Lowndes 67,972 55,112 49,270 35,211 31,860 29,994 Lumpkin 10,762 8,728 7,241 6,574

6,223 4,927 McDuffie 18,546 15,276 12,627 11,443 10,878 9,014

McIntosh 8,046 7,371 6,364 6,008

5,292 5,763 Macon 14,003 12,933 13,170 14,213 15,947 16,643 Madison 17,747 13,517 11,246 12,238 13,431

14,921 Marion 5,297 5,099 5,477 6,521 6,954 6,968 Meriwether 21,229 19,461 19,756 21,055 22,055 22,437

Miller 7,038 6,424 6,908 9,023 9,998 9,076 Milton

6,730 Mitchell 21,114 18,956 19,652 22,528 23,261

23,620 Monroe 14,610 10,991 10,495 10,523 10,749 11,606 Montgomery 7,011 6,099 6,284 7,901 9,668

10,020

Morgan 11,572 9,904 10,280 11,899 12,713 12,488 Murray 19,685 12,986 10,447 10,676

[Illegible Text] 9,215 Muscogee 170,108 167,377 158,623 118,028 75,494 57,558 Newton 34,439 26,282

20,999 20,185 18,576 17,290 Oconee 12,427 7,915 6,304 7,009 7,576 8,082

Oglethorpe 8,929 7,598

7,926 9,958 12,430 12,927 Paulding 26,042 17,520 13,101 11,752 12,832 12,327 Peach 19,151 15,990 13,846

11,705 10,378 10,268 Pickens 11,652 9,620 8,903 8,855 9,136 9,687 Pierce 11,897 9,281 9,678 11,112

11,800 12,522

Pike 8,937 7,316 7,138 8,459 10,375 10,853 Polk 32,386 29,656 28,015 30,976

28,467 25,141 Pulaski 8,950 8,066 8,204 8,808 9,829 9,005 Putnam 10,295 8,394 7,798 7,731 8,514 8,367

Quitman 2,357 2,180 2,432 3,015 3,435 3,820

Rabun 10,466 8,327 7,456 7,424 7,821 6,331

Randolph 9,599 8,734 11,078 13,804 16,609 17,174 Richmond 181,629 162,437 135,601 108,876 81,863 72,990

Rockdale 36,747 18,152 10,572 8,464 7,724 7,247 Schley 3,433 3,097 3,256 4,036 5,033 5,347

Screven 14,043 12,591 14,919 18,000 20,353 20,503 Seminole 9,057 7,059 6,802 7,904 8,492 7,389 Spalding

47,899 39,514 35,404 31,045 28,427 23,495 Stephens 21,763 20,331 18,391 16,647 12,972 11,740 Stewart

5,896 6,511 7,371 9,194 10,603 11,114

Sumter 29,360 26,931 24,652 24,208 24,502 26,800 Talbot

6,534 6,625 7,127 7,687 8,141 8,458 Taliaferro 2,032 2,423 3,370 4,515 6,278 6,172 Tattnall 18,134 16,557

15,837 15,939 16,243 15,411 Taylor 7,902 7,865 8,311 9,113 10,768 10,617

Telfair 11,445 11,394

11,715 13,221 15,145 14,997 Terrell 12,017 11,416 12,742 14,314 16,675 18,290 Thomas 38,098 34,562

34,319 33,932 31,289 32,612 Tift 32,862 27,288 23,487 22,645 18,599 16,068 Toombs 22,592 19,151 16,837

17,382 16,952 17,165

Towns 5,638 4,565 4,538 4,803 4,925 4,346 Treutlen 6,087 5,647 5,874 6,522

7,632 7,488 Troup 50,003 44,466 47,189 49,841 43,879 36,752 Turner 9,510 8,790 8,439 10,479 10,846

11,196 Twiggs 9,354 8,222 7,935 8,308 9,117 8,372

Union 9,390 6,811 6,510 7,318 7,680 6,340

Upson 25,998 23,505 23,800 25,078 25,064 19,509 Walker 56,470 50,691 45,264 38,198 31,024 26,206

Walton 31,211 23,404 20,481 20,230 20,777 21,118 Ware 37,180 33,525 34,219 30,289 27,929 26,558

Warren 6,583 6,669 7,360 8,779 10,236 11,181 Washington 18,842 17,480 18,903 21,012 24,230 25,030

Wayne 20,750 17,858 17,921 14,248 13,122 12,647 Webster 2,341 2,362 3,247 4,081 4,726 5,032 Wheeler

5,155 4,596 5,342 6,712 8,536 9,149

White 10,120 7,742 6,935 5,951 6,417 6,056 Whitfield 65,780

55,108 42,109 34,432 26,105 20,808 Wilcox 7,682 6,998 7,905 10,167 12,755 13,439 Wilkes 10,951 10,184

10,961 12,388 15,084 15,944 Wilkinson 10,368 9,393 9,250 9,781 11,025 10,844 Worth 18,064 14,770 16,682

19,357 21,374 21,094

Total 5,464,265 4,589,575 3,943,116 3,444,578 3,123,723 2,908,506

Page 2046

POPULATION NUMERICALLY LISTED ACCORDING TO 1980 CENSUS County Population Taliaferro 2,032 Echols 2,297 Webster 2,341 Quitman 2,357 Glascock 2,382 Schley 3,433 Clay 3,553 Baker 3,808

Long 4,524 Dawson 4,774 Wheeler 5,155 Marion 5,297 Towns 5,638 Lanier 5,654 Calhoun 5,717 Stewart 5,896 Treutlen 6,087 Atkinson 6,141 Heard 6,520 Talbot 6,534 Warren 6,583 Clinch 6,660 Lincoln 6,949 Montgomery 7,011 Miller 7,038 Charlton 7,343 Candler 7,518 Jasper 7,553 Wilcox 7,682 Crawford 7,684 Taylor 7,902 McIntosh 8,046 Evans 8,428 Johnson 8,660 Brantley 8,701 Banks 8,702 Jenkins 8,841 Oglethorpe 8,929 Pike 8,937 Pulaski 8,950 Irwin 8,988 Seminole 9,057 Twiggs 9,354 Bacon 9,379 Union 9,390 Hancock 9,466 Turner 9,510 Randolph 9,599 White 10,120 Bryan 10,175 Putnam 10,295 Wilkinson 10,368 Rabun 10,466 Lumpkin 10,762 Bleckley 10,767 Dooly 10,826 Wilkes 10,951 Gilmer 11,110 Greene 11,391 Telfair 11,445 Jeff Davis 11,473 Morgan 11,572 Pickens 11,652 Lee 11,684 Pierce 11,897 Terrell 12,017 Lamar 12,215 Dade 12,318 Oconee 12,427 Early 13,158 Camden 13,371 Cook 13,490 Berrien 13,525 Butts 13,665 Macon 14,003 Screven 14,043 Monroe 14,610 Fannin 14,748 Franklin 15,185 Brooks 15,255 Harris 15,464 Appling 15,565 Ben Hill 16,000 Jones 16,579 Dodge 16,955 Madison 17,747 Worth 18,064 Tattnall 18,134 Effingham 18,327 Jefferson 18,403 Haralson 18,422 McDuffie 18,546 Hart 18,585 Elbert 18,758 Washington 18,842 Peach 19,151 Burke 19,349 Crisp 19,489 Murray 19,685 Grady 19,845 Wayne 20,750 Emanuel 20,795 Mitchell 21,114 Meriwether 21,229 Barrow 21,293 Chattahoochee 21,732 Stephens 21,763 Chattooga 21,856 Toombs 22,592 Habersham 25,020 Jackson 25,343 Decatur 25,495 Upson 25,998 Paulding 26,042 Coffee 26,894 Forsyth 27,958 Fayette 29,043 Sumter 29,360 Gordon 30,070 Walton 31,211 Polk 32,386 Tift 32,862 Newton 34,439 Baldwin 34,686 Colquitt 35,376 Bulloch 35,785 Henry 36,309 Rockdale 36,747 Laurens 36,990 Catoosa 36,991 Ware 37,180 Liberty 37,583 Thomas 38,098 Coweta 39,268 Columbia 40,118 Bartow 40,760 Spalding 47,899 Troup 50,003 Cherokee 51,699 Douglas 54,573 Glynn 54,981 Carroll 56,346 Walker 56,470 Whitfield 65,780 Lowndes 67,972 Clarke 74,498 Hall 75,649 Houston 77,605 Floyd 79,800 Dougherty 100,978 Clayton 150,357 Bibb 151,085 Gwinnett 166,903 Muscogee 170,108 Richmond 181,629 Chatham 202,226 Cobb 297,694 Dekalb 483,024 Fulton 589,904 Total 5,464,265

Page 2048

GEORGIA STATE SENATE COUNTY Senatorial District

Appling 4, 7 Atkinson 7 Bacon 7 Baker

10 Baldwin 25 Banks 47 Barrow 45, 48 Bartow 31, 52 Ben Hill 13 Berrien 8 Bibb 26, 27 Bleckley 19

Brantley 6 Brooks 9, 10 Bryan 3 Bulloch 4 Burke 21 Butts 17 Calhoun 11 Camden 6 Candler 4

Carroll 30 Catoosa 54 Charlton 7 Chatham 1, 2, 3 Chattahoochee 11 Chattooga 53 Cherokee 51 Clarke

46 Clay 11 Clayton 28, 44 Clinch 7 Cobb 32, 33, 56 Coffee 8, 19 Colquitt 9 Columbia 24 Cook 8

Coweta 28, 30 Crawford 17 Crisp 13 Dade 53 Dawson 50 Decatur 10 DeKalb 5, 41-43, 55 Dodge 19

Dooly 13 Dougherty 12, 14 Douglas 30, 31 Early 11 Echols 7 Effingham 3 Elbert 47 Emanuel 21

Evans 4 Fannin 50 Fayette 28, 34 Floyd 52 Forsyth 49, 51 Franklin 47 Fulton 34-40, 56 Gilmer 50

Glascock 21 Glynn 3, 6 Gordon 51 Grady 10 Greene 24 Gwinnett 48 Habersham 50 Hall 49 Hancock

25 Haralson 31 Harris 29 Hart 47 Heard 29 Henry 17, 28 Houston 18 Irwin 13 Jackson 46, 49 Jasper

25 Jeff Davis 19 Jefferson 21 Jenkins 21 Johnson 20 Jones 25 Lamar 17 Lanier 7 Laurens 20 Lee

14 Liberty 3 Lincoln 24 Long 3, 6 Lowndes 8 Lumpkin 50 Macon 14, 18 Madison 24, 47 Marion 14

McDuffie 24 McIntosh 3 Meriwether 29 Miller 11 Mitchell 9 Monroe 27 Montgomery 20 Morgan 25,

45 Murray 54 Muscogee 15, 16 Newton 45 Oconee 46 Oglethorpe 24 Paulding 31, 56 Peach 18

Pickens 51 Pierce 7 Pike 17 Polk 31 Pulaski 19 Putnam 25 Quitman 11 Rabun 50 Randolph 11

Richmond 22, 23 Rockdale 45 Schley 14 Screven 4 Seminole 11 Spalding 28 Stephens 47 Stewart 11

Sumter 14 Talbot 17 Taliaferro 24 Tattnall 4 Taylor 14 Telfair 19 Terrell 14 Thomas 10 Tift 9, 13

Toombs 20 Towns 50 Treutlen 20 Troup 29 Turner 13 Twiggs 26 Union 50 Upson 17 Walker 53

Walton 45 Ware 7 Warren 21, 24 Washington 20, 21 Wayne 6 Webster 11 Wheeler 20 White 50

Whitfield 51, 54 Wilcox 19 Wilkes 24 Wilkinson 25 Worth 13

Page 2050

SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS

AND ADDRESSES FOR THE TERM 1980-1981 District Name Address

22 Thomas F. Allgood 712

Montrose Ct., Augusta 30904 45 W. D. (Don) Ballard 1122 Monticello St., Covington 30209 18 Ed Barker P.O.

Box KK, Warner Robins 31099 33 Roy E. Barnes 639 Maran Lane, Mableton 30059 5 Robert H. (Bob) Bell 2535

Henderson Mill Rd. N.E., Atlanta 30345 39 Julian Bond 361 Westview Dr. S. W., Atlanta 30310 13 Rooney L.

Bowen P.O. Box 417, Vienna 31092 51 Max Brannon P.O. Box 1027, Calhoun 30701 56 Haskew H. Brantley, Jr.

P.O. Box 605, Alpharetta, 30201 46 Paul Collins Broun 165 Pulaski St., Athens 30601 47 M. Parks Brown P.O.

Box 37, Hartwell 30643 3 Glenn E. Bryant P.O. Box 585, Hinesville 31313 28 Kyle Trueman Cobb P.O. Box 1010, Griffin 30224 1 J. Tom Coleman, Jr. P.O. Box 22398, Savannah 31403 40 Paul Douglas Coverdell 2015 Peachtree Rd. N.E., Atlanta 30309 49 J. Nathan Deal P.O. Box 2522, Gainesville 30503 31 Nathan Dean P.O. Box 606, Rockmart 30153 7 Frank Eldridge, Jr. P.O. Box 1968, Waycross 31501 21 Bill English P.O. Box 521, Swainsboro 30401 34 Bev Engram 749 Pinehurst Dr., P.O. Box 431, Fairburn 30213 37 Todd Evans P.O. Box 8276; Station F, Atlanta 30306 52 Dan H. Fincher 1392 Horseleg Creek Rd., Rome 30161 54 W. W. (Bill) Fincher, Jr. P.O. Drawer 400, Chatsworth 30705 50 John C. Foster P.O. Box 100, Cornelia 30531 30 Wayne Garner Route 9, Chapel Heights, Carrollton 30117 20 Hugh Marion Gillis P.O. Box 148, Soperton 30457 26 Richard L. Greene Suite 517, First National Bank Bldg., Macon 31202 29 Render Hill P.O. Box 246, Greenville 30222 12 Al Holloway P.O. Box 588, Albany 31702 17 Janice S. Horton 430 Burke Circle, McDonough 30253 42 Pierre Howard 1105-H Clairmont Ave., Decatur 30030 15 Floyd Hudgins P.O. Box 12127, Columbus 31907 35 Perry J. Hudson 3380 Old Jonesboro Rd., Hapeville 30354 4 Joseph E. Kennedy P.O. Box 246, Claxton 30417 25 Culver Kidd P.O. Box 370, Milledgeville 31061 16 Ted J. Land 3736 Woodruff Rd., Columbus 31904 23 Jimmy Lester First Federal Savings Bldg., 985 Broad St., Augusta 30902 6 Bill Littlefield P.O. Box 833, Brunswick 31520 24 Sam P. McGill P.O. Box 520, Washington 30673 14 Lewis H. (Bud) McKenzie P.O. Box 565, Montezuma 31063 48 Steve Reynolds 297 Craig Drive, Lawrenceville 30245 27 Lee Robinson 864 Winchester Circle, Macon 31210 43 Thomas R. (Tom) Scott 2887 Alameda Trail, Decatur 30034 44 Terrell Starr 4766 Tanglewood Lane, Forest Park 30050 36 Jack L. Stephens 2484 Macon Dr. S.E., Atlanta 30315 55 Lawrence (Bud) Stumbaugh 1071 Yemassee Trail, Stone Mountain 30083 53 E. G. Summers P.O. Box 499, LaFayette 30728 9 Franklin Sutton Route 1, Norman Park 31771 38 Horace E. Tate 621 Lilla Dr. S.W., Atlanta 30310 32 Joe Thompson P.O. Box 1045, Smyrna 30080 11 Jimmy Hodge Timmons 132 S. Woodlawn St., Blakely 31723 10 Paul Trulock P.O. Box 68, Climax 31734 8 Loyce W. Turner P.O. Box 157, Valdosta 31601 41 James W. (Jim) Tysinger 3781 Watkins Place N.E., Atlanta 30319 19 Ronnie Walker P.O. Box 461, McRae 31055 2 Charles Henry Wessels P.O. Box 187, Savannah 31402

Page 2052

MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES FOR

THE TERM 1980-81 District Name Address

1 J. Tom Coleman, Jr. P.O. Box 22398, Savannah 31403

2 Charles Henry Wessels P.O. Box 187, Savannah 31402 3 Glenn E. Bryant P.O. Box 585, Hinesville 31313 4

Joseph E. Kennedy P.O. Box 246, Claxton 30417 5 Robert H. (Bob) Bell 2535 Henderson Mill Rd. N.E., Atlanta

30345 6 Bill Littlefield P.O. Box 833, Brunswick 31520 7 Frank Eldridge, Jr. P.O. Box 1968, Waycross 31501 8

Loyce W. Turner P.O. Box 157, Valdosta 31601 9 Franklin Sutton Route 1, Norman Park 31771 10 Paul Trulock

P.O. Box 68, Climax 31734 11 Jimmy Hodge Timmons 132 S. Woodlawn St., Blakely 31723 12 Al Holloway P.O.

Box 588, Albany 31702 13 Rooney L. Bowen P.O. Box 417, Vienna 31092 14 Lewis H. (Bud) McKenzie P.O. Box

565, Montezuma 31063 15 Floyd Hudgins P.O. Box 12127, Columbus 31907 16 Ted J. Land 3736 Woodruff Rd.,

Columbus 31904 17 Janice S. Horton 430 Burke Circle, McDonough 30253 18 Ed Barker P.O. Box KK, Warner

Robins 31099 19 Ronnie Walker P.O. Box 461, McRae 31055 20 Hugh Marion Gillis P.O. Box 148, Soperton

30457 21 Bill English P.O. Box 521, Swainsboro 30401 22 Thomas F. Allgood 712 Montrose Ct., Augusta 30904

23 Jimmy Lester First Federal Savings Bldg. 985 Broad St., Augusta 30902 24 Sam P. McGill P.O. Box 520,

Washington 30673 25 Culver Kidd P.O. Box 370, Milledgeville 31061 26 Richard L. Greene Suite 517, First

National Bank Bldg., Macon 31201 27 Lee Robinson 864 Winchester Circle, Macon 31210 28 Kyle Trueman Cobb

P.O. Box 1010, Griffin 30224 29 Render Hill P.O. Box 246, Greenville 30222 30 Wayne Garner Route 9, Chapel

Heights, Carrollton 30117 31 Nathan Dean P.O. Box 606, Rockmart 30153 32 Joe Thompson P.O. Box 1045,

Smyrna 30080 33 Roy E. Barnes 639 Maran Lane, Mableton 30059 34 Bev Engram 749 Pinehurst Dr., P.O. Box

431, Fairburn 30213 35 Perry J. Hudson 3380 Old Jonesboro Rd., Hapeville 30354 36 Jack L. Stephens 2484

Macon Dr. S.E., Atlanta 30315 37 Todd Evans P.O. Box 8276; Station F, Atlanta 30306 38 Horace E. Tate 621

Lilla Dr. S.W., Atlanta 30310 39 Julian Bond 361 Westview Dr. S.W., Atlanta 30310 40 Paul Douglas Coverdell

2015 Peachtree Rd. N.E., Atlanta 30309 41 James W. (Jim) Tysinger 3781 Watkins Place N.E., Atlanta 30319 42

Pierre Howard 1105-H Clairmont Ave., Decatur 30030 43 Thomas R. (Tom) Scott 2887 Alameda Trail, Decatur

30034 44 Terrell Starr 4766 Tanglewood Lane, Forest Park 30050 45 W. D. (Don) Ballard 1122 Monticello St.,

Covington 30209 46 Paul Collins Broun 165 Pulaski St., Athens 30601 47 M. Parks Brown P.O. Box 37, Hartwell

30643 48 Steve Reynolds 297 Craig Drive, Lawrenceville 30245 49 J. Nathan Deal P.O. Box 2522, Gainesville

30503 50 John C. Foster P.O. Box 100, Cornelia 30531 51 Max Brannon P.O. Box 1027, Calhoun 30701 52 Dan

H. Fincher 1392 Horseleg Creek Rd., Rome 30161 53 E. G. Summers P.O. Box 499, LaFayette 30728 54 W. W.

(Bill) Fincher, Jr. P.O. Drawer 400, Chatsworth 30705 55 Lawrence (Bud) Stumbaugh 1071 Yemassee Trail, Stone

Mountain 30083 56 Haskew H. Brantley, Jr. P.O. Box 605, Alpharetta, 30201

Page 2054

GEORGIA HOUSE OF REPRESENTATIVES County House District

Appling 138 Atkinson 150 Bacon

152 Baker 131 Baldwin 108, 109 Banks 10, 12 Barrow 12, 61, 64 Bartow 7, 8 Ben Hill 137 Berrien 146

Bibb 99-104 Bleckley 117 Brantley 138, 152 Brooks 147 Bryan 107 Bulloch 81, 82 Burke 82, 83 Butts

78 Calhoun 130,131,140 Camden 152 Candler 107 Carroll 66 Catoosa 2, 3 Charlton 151 Chatham 122-

129 Chattahoochee 110, 111 Chattooga 5 Cherokee 8 Clarke 62, 63, 64 Clay 130 Clayton 72 Clinch 150

Cobb 19, 20, 21 Coffee 137, 152 Colquitt 144, 145 Columbia 77 Cook 146 Coweta 67, 68, 71 Crawford

98 Crisp 135, 136 Dade 1, 5 Dawson 8 Decatur 141 DeKalb 44-58 Dodge 118 Dooly 135 Dougherty

131-134 Douglas 65, 66 Early 140 Echols 147 Effingham 129 Elbert 13 Emanuel 106, 107 Evans 107

Fannin 4 Fayette 71, 72 Floyd 14, 15, 16 Forsyth 9 Franklin 13 Fulton 22-43 Gilmer 4 Glascock 105

Glynn 153, 154 Gordon 7 Grady 141, 142 Greene 13, 112 Gwinnett 59, 60, 61 Habersham 11 Hall 9

Hancock 112 Haralson 18 Harris 91 Hart 13 Heard 66, 68 Henry 73 Houston 113,114,115 Irwin 137

Jackson 12 Jasper 80, 112 Jeff Davis 138 Jefferson 83, 84 Jenkins 106 Johnson 105, 106 Jones 80 Lamar

78 Lanier 149 Laurens 118, 119 Lee 133 Liberty 139 Lincoln 76 Long 121, 139 Lowndes 147,148,149

Lumpkin 4 Macon 98, 115 Madison 13 Marion 110 McDuffie 77, 84 McIntosh 139 Meriwether 70

Miller 140 Mitchell 144 Monroe 80 Montgomery 120 Morgan 75, 112 Murray 3 Muscogee 91-97

Newton 74 Oconee 13, 64 Oglethorpe 13 Paulding 18, 19, 21 Peach 98, 113 Pickens 8 Pierce 138, 152

Pike 78, 79 Polk 16, 17 Pulaski 117 Putnam 109 Quitman 111 Rabun 4 Randolph 130 Richmond 84-90

Rockdale 57 Schley 115 Screven 81, 82 Seminole 140, 141 Spalding 71 Sthepens 10 Stewart 111

Sumter 111, 116 Talbot 70 Taliaferro 76 Tattnall 107, 121 Taylor 110 Telfair 118, 138 Terrell 130

Thomas 142, 143 Tift 146 Toombs 120, 121 Towns 4 Treutlen 120 Troup 68, 69 Turner 136, 137

Twiggs 103 Union 4 Upson 79 Walker 1, 5, 6 Walton 75 Ware 150, 151 Warren 76 Washington 105

Wayne 138 Webster 111 Wheeler 120 White 4, 11 Whitfield 3, 6 Wilcox 117 Wilkes 76 Wilkinson 108

Worth 136

Page 2056

MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1980-81 District Representative Address 56-Post 2 Betty Aaron 3920 Johns Hopkins Ct. Decatur 30034 36 G. D. Adams 532 St. Johns Ave. Atlanta 30315 14 John Adams 7 East Creekview Dr. Rome 30161 79 Marvin Adams 709 Greenwood Rd. Thomaston 30286 21Post 1 Fred Aiken 4020 Pineview Dr., S.E. Smyrna 30080 8-Post 2 W. G. (Bill) Hasty, Sr. Route 8, Hilton Dr. Canton 30114 63 Bob Argo P.O. Box 509 Athens 30603 154 Dean A. Auten 628 King Cotton Row Brunswick 31520 140 Ralph J. Balkcom Route 1 Blakely 31723 83 Emory E. Bargeron P.O. Box 447 Louisville 30434 108 Wilbur E. Baugh P.O. Box 926 Milledgeville 31061 28 Alveda King Beal 75 Piedmont Ave., Suite 236 Atlanta 30303 148 James M. Beck 2427 Westwood Dr. Valdosta 31601 72-Post 2 Jimmy Benefield 6656 Morning Dove Place Jonesboro 30236 38 Lorenzo Benn 579 Fielding Lane, S.W. Atlanta 30311 103 Kenneth Wilson Birdsong Route 1 Gordon 31031 94 Sanford D. Bishop, Jr. P.O. Box 709 Columbus 31902 30 Paul Bolster 1043 Ormewood Ave. S.E. Atlanta 30316 137 Paul S. Branch, Jr. Route 4, Box 499-A Fitzgerald 31750 70 Claude A. Bray, Jr. 617 Mayes Way Manchester 31816 34 Tyrone Brooks Station A P.O. Box 11025 Atlanta 30310 95 Thomas B. Buck, III P.O. Box 196 Columbus 31902 21-Post 2 A. L. (Al) Burruss P.O. Box 6338-A Marietta 30065 47 Joe Burton 2598 Woodwardia Rd. N.E., Atlanta 30345 138-Post 2 Roger C. Byrd 302 N. Rogers St. Hazlehurst 31539 96 Gary C. Cason 3128 College Dr. Columbus 31907 111 Don Castleberry P.O. Box 377 Richland 31825 73 G. Richard Chamberlin P.O. Box 378 Stockbridge 30281 131 Tommy Chambliss P.O. Box 2008 Albany 31702 129 George A. Chance, Jr. P.O. Box 373 Springfield 31329 89 Donald E. (Don) Cheeks 714 Westminster Court Augusta 30909 15 E. M. (Buddy) Childers 15 Kirkwood St. Rome 30161 51 Mrs. Mobley (Peggy) Childs 520 Westchester Dr. Decatur 30030 55 Betty J. Clark P.O. Box 17852 Atlanta 30316 13-Post 1 Louie Max Clark RFD 2 Danielsville 30633 23 Luther S. Colbert 495 Houze Way Roswell 30076 118 Terry L. Coleman P.O. Box 157 Eastman 31023 144 Marcus E. Collins, Sr. Route 1 Pelham 31779 4-Post 1 Carlton H. Colwell P.O. Box 850 Blairsville 30512 87 Jack Connell P.O. Box 308 Augusta 30903 43-Post 1 Barbara H. Couch 2864 W. Roxboro Rd., N.E., Atlanta 30324 141 Walter E. Cox 202 West St. Bainbridge 31717 5 John G. Crawford Route 1, Box 518 Lyerly 30730 150 Tom Crosby, Jr. 705 Wacona Dr. Waycross 31501 98 Bryant Culpepper P.O. Box 490 Fort Valley 31030 17 Bill Cummings Route 1, 508 Morgan Valley Rd. Rockmart 30153 19-Post 3 George W. (Buddy) Darden P.O. Box 997 Marietta 30061 33 J. C. (Julius C.) Daugherty, Sr. 202 Daugherty Building 15 Chestnut St., S.W. Atlanta 30314 99 Burl Davis 740

Mulberry St. Macon 31201 45 J. Max Davis 1177 W. Nancy Creek Dr., N.E. Atlanta 30319 124 Lamar W. Davis, Jr. P.O. Box 1567 Savannah 31402 29 Douglas C. Dean 356 Arthur St. S.W. Atlanta 30310 85 R. A. Dent 1120 Pine St. Augusta 30901 151 Harry Dixon 1303 Coral Rd. Waycross 31501 74 Denny M. Dobbs 125 Hardwick Dr.Almon Covington 30209 11 Bill Dover Timbrook Hollywood 30523 110 Ward Edwards P.O. Box 146 Butler 31006 49 Ewell H. (Hank) Elliott 411 Decatur Federal Bldg. Decatur 30030 84 Warren D. Evans P.O. Box 539 Thomson 30824 22 Mrs. Dorothy Felton 465 Tanacrest Dr. N.W. Sandy Springs 30328 71-Post 1 James R. (Jim) Fortune, Jr. 683 Brook Circle Griffin 30223 6-Post 2 R. L. (Shorty) Foster 4899 Tibbs Bridge Rd., S.E., Dalton 30720 27 Cynthia Fuller 742 Myrtle St., N.E., #9 Atlanta 30308 16 Ken Fuller 5 Lenox Circle Rome 30161 97 Mary Jane Galer 7236 Lullwater Rd. Columbus 31904 122 Ronald E. (Ron) Ginsberg P.O. Box 10105 14 E. State St. Savannah 31412 32 Mildred Glover 735 Lawton St. S.W. Atlanta 30310 82 John F. Godbee 401 Lane St. Brooklet 30415 43-Post 3 John W. Greer 802 Healey Building Atlanta 30303 80 Benson Ham 20 E. Main St. Forsyth 31029 31 Mrs. Grace T. Hamilton 582 University Place N.W., Atlanta 30314 130 Bob Hanner Route 1 Parrott 31777 8-Post 1 Joe Frank Harris 712 West Ave. Cartersville 30120 20-Post 2 Carl Harrison P.O. Box 1374 Marietta 30061 8-Post 2 W. G. (Bill) Hasty, Sr. Route 8, Hilton Dr. Canton 30114 50 John Hawkins 1360 Harvard Rd. N.E. Atlanta 30306 1Post 2 Forest Hays, Jr. Route 3, St. Elmo Chattanooga, TN 37409 127 Bobby L. Hill 923 West 37th St. Savannah 31401 39 Bob Holmes 2073 Cascade Rd. S.W. Atlanta 30311 116 George Hooks P.O. Box 928 Americus 31709 104 Frank Horne 612 Georgia Power Bldg. Macon 31201 133 R. S. (Dick) Hutchinson 915 Sixth Ave. Albany 31701 10 Jack Irvin, Sr. Route 1, Box 217 Baldwin 30511 20-Post 1 Johnny Isakson 5074 Hampton Farms Dr. Marietta 30067 9-Post 3 Jerry D. Jackson P.O. Box 7275 Chestnut Mountain 30502 75 Neal Jackson 316 N. Broad St. Monroe 30655 77 Wm. S. (Bill) Jackson 3907 Washington Rd. Martinez 30907 117 Ben Jessup P.O. Box 468 Cochran 31014 66-Post 1 Gerald Johnson P.O. Box 815 Carrollton 30117 72-Post 4 Rudolph Johnson 5888 Jonesboro Rd. Morrow 30260 78 William Bailey Jones P.O. Box 3933 Jackson 30233 126 Herbert Jones, Jr. 413 Arlington Rd. Savannah 31406 106 Randolph C. (Randy) Karrh P.O. Drawer K Swainsboro 30401 139 Ren D. Kemp P.O. Box 497 Hinesville 31313 65 Thomas (Mac) Kilgore 1992 Tara Circle Douglasville 30135 112 E. Roy Lambert 543 North Main St. Madison 30650 40 Dick Lane 2704 Humphries St. East Point 30344 81 Bob Lane 105 Wilton Dr. Statesboro 30458 9-Post 2 Bobby Lawson P.O. Box 53 Gainesville 30503 72-Post 1 Wm. J. (Bill) Lee 5325 Hillside Dr. Forest Park 30050 62 Hugh Logan 1328 Prince Ave. Athens 30601 142 Bobby Long 6th St., N.W. Cairo 31728 105 Jimmy Lord P.O. Box 254 Sandersville 31082 43-Post 2 Bettye Lowe 591 W. Paces Ferry Rd. N.W., Atlanta 30305 102 David E. Lucas 448 Woolfolk St. Macon 31201 56-Post 1 Wm. C. (Bill) Mangum, Jr. 4320 Pleasant Forest Dr. Decatur 30034 13-Post 3 Charles C. Mann 238 Elbert St. Elberton 30635 26 Sidney J. Marcus 845 Canterbury Rd., N.E. Atlanta 30324 60 Charles Martin 470 Hill St. Buford 30518 145 Hugh D. Matthews Route 1, Box 913 Moultrie 31768 134 T. Hayward (Mac) McCollum 5608 Spring Flats Rd. Albany 31705 12 Lauren (Bubba) McDonald, Jr. Route 2, Box 408-A Commerce 30529 35 J. E. (Billy) McKinney 765 Shorter Terrace N.W., Atlanta 30318 107 John David Miles P.O. Box 345 Metter 30439 13-Post 2 Billy Milford Route 3 Hartwell 30643 138-Post 1 Lundsford Moody P.O. Box 32 Baxley 31513 152-Post 1 James C. Moore Route 2 West Green 31567 71-Post 2 John L. Mostiler 150 Meadovista Dr. Griffin 30223 69 Edwin G. (Ed) Mullinax P.O. Drawer 1649 LaGrange 30241 18 Thomas B. Murphy P.O. Box 163 Bremen 30110 88 Sam Nicholson 1762 Davidson Dr. Augusta 30904 20-Post 3 Ken Nix 3878 Manson Ave. Smyrna 30080 121 Clinton Oliver P.O. Box 237 Glennville 30427 86 Mike Padgett Route 1, Box 5 Augusta 30906 109 Bobby E. Parham P.O. Box 606 Milledgeville 31061 149 Robert L. (Bob) Patten Route 1, Box 180 Lakeland 31635 146-Post 1 Edmond Lewis Perry Route 2 Adel Rd. Nashville 31639 2 Robert G. (Bob) Peters P.O. Box 550 Ringgold 30736 125 Bobby Phillips 9219 Melody Dr. Savannah 31406 120 L. L. (Pete) Phillips Box 166 Soperton 30457 59 R. T. (Tom) Phillips 1703 Pounds Rd. (Mountain Park, Gwinnett Co.) Stone Mountain 30087 91 W. Randolph (Randy) Phillips Route 1 Shiloh 31826 41 Greg Pilewicz 2307 Plantation Dr. East Point 30344 100 Frank C. Pinkston 773 Mulberry St. Macon 31201 135 Howard H. Rainey 913 Third Ave. E. Cordele 31015 7 Ernest Ralston P.O. Box 623 Calhoun 30701 3 Thomas P. (Tom) Ramsey III P.O. Box 1130 Chatsworth 30705 101 William C. (Billy) Randall P.O. Box 121 Macon 31202 147 Henry L. Reaves Route 2 Quitman 31643 52 Eleanor L. Richardson 755 Park Lane Decatur 30033 58 Cas M. Robinson 4720 Fellswood Dr. Stone Mountain 30083 93 Charles P. Rose 3821 Commander Dr. Columbus 31903 76 Ben Barron Ross P.O. Box 245 Lincolnton 30817 119 J. Roy Rowland 103 Woodridge Rd. Dublin 31021 64 John Russell P.O. Box 588 Winder 30680 25 John Savage 69 Inman Circle N.E. Atlanta 30309 123 Albert (Al) Scott 738 E. Victory Dr. P.O. Box 1704 Savannah 31402 37 David Scott 190 Wendell Dr. S.E. Atlanta 30315 67 J. Neal Shepard, Jr. 21 Fifth St. Newnan 30263 143 R. Allen Sherrod Route 1 Coolidge 31738 136 Earleen Sizemore Route 3 Sylvester 31791 152-Post 2 Tommy Smith Route 1 Alma 31510 42 Virlyn B. Smith 330 Rivertown Rd. Fairburn 30213 92 Calvin Smyre P.O. Box 181 Columbus 31902 1-Post 1 Wayne Snow, Jr. P.O. Box 26 Rossville 30741 46 Cathey W. Steinberg 1732 Dunwoody Place N.E., Atlanta 30324 90 David Swann 804 Camellia Rd. Augusta 30909 66-Post 2 Charles Thomas P.O. Box 686 Temple 30179 19-Post 2 Steve Thompson 4265 Bradley

Dr. Austell 30001 24 Kiliaen V. R. (Kil) Townsend 1701 Northside Dr. N.W. Atlanta 30318 128 Tom Triplett P.O. Box 9586 Savannah 31402 153 James R. (Jim) Tuten, Jr. 528 Newcastle St. Brunswick 31520 4-Post 2 Ralph Twiggs P.O. Box 432 Hiawassee 30546 53 Doug Vandiford 3201 Kensington Rd. Avondale Estates 30002 57 Clarence R. Vaughn, Jr. P.O. Box 410 Conyers 30207 146-Post 2 Monty Veazey P.O. Box 1572 Tifton 31794 113 Ted W. Waddle 113 Tanglewood Dr. Warner Robins 31093 115 Larry Walker P.O. Box 1234 Perry 31069 61 Vinson Wall 164 E. Oak St. Lawrenceville 30256 68 J. Crawford Ware P.O. Box 305 Hogansville 30230 114 Roy H. (Sonny) Watson, Jr. P.O. Box 1905 Warner Robins 31099 132 John White P.O. Box 3506 Albany 31706 44 Bruce Widener P.O. Box 88866 Dunwoody 30338 48 Betty Jo Williams 2024 Castleway Dr. N.E., Atlanta 30345 54 Rev. Hosea L. Williams 8 East Lake Dr. N.E. Atlanta 30317 6-Post 1 Roger Williams 132 Huntington Rd. Dalton 30720 19-Post 1 Joe Mack Wilson 77 Church St. Marietta 30060 72-Post 3 Jim Wood 5676 Sequoia Dr. Forest Park 30050 9-Post 1 Joe T. Wood P.O. Box 1417 Gainesville 30503 56-Post 3 Ken Workman 3383 Hyland Dr. Decatur 30032

Page 2064

MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES FOR THE TERM 1980-81 BY DISTRICTS AND

ADDRESSES District Representative Address

1-Post 1 Wayne Snow, Jr. P.O. Box 26 Rossville 30741

1-Post 2 Forest Hays, Jr. Route 3, St. Elmo Chattanooga, TN 37409 2 Robert G. (Bob) Peters P.O. Box 550 Ringgold

30736 3 Thomas P. (Tom) Ramsey III P.O. Box 1130 Chatsworth 30705 4-Post 1 Carlton H. Colwell P.O. Box 850

Blairsville 30512 4-Post 2 Ralph Twiggs P.O. Box 432 Hiawassee 30546 5 John G. Crawford Route 1, Box 518

Lyerly 30730 6-Post 1 Roger Williams 132 Huntington Rd. Dalton 30720 6-Post 2 R. L. (Shorty) Foster 4899 Tibbs

Bridge Rd., S.E., Dalton 30720 7 Ernest Ralston P.O. Box 623 Calhoun 30701 8-Post 1 Joe Frank Harris 712 West

Ave. Cartersville 30120 8-Post 2 W. G. (Bill) Hasty, Sr. Route 8, Hilton Dr. Canton 30114 8-Post 3 Wendell T.

Anderson, Sr. RFD 4 Canton 30104 9-Post 1 Joe T. Wood P.O. Box 1417 Gainesville 30503 9-Post 2 Bobby

Lawson P.O. Box 53 Gainesville 30503 9-Post 3 Jerry D. Jackson P.O. Box 7275 Chestnut Mountain 30502 10 Jack

Irvin, Sr. Route 1, Box 217 Baldwin 30511 11 Bill Dover Timbrook Hollywood 30523 12 Lauren (Bubba)

McDonald, Jr. Route 2, Box 408-A Commerce 30529 13-Post 1 Louie Max Clark RFD 2 Danielsville 30633 13-Post

2 Billy Milford Route 3 Hartwell 30643 13-Post 3 Charles C. Mann 238 Elbert St. Elberton 30635 14 John Adams

7 East Creekview Dr. Rome 30161 15 E. M. (Buddy) Childers 15 Kirkwood St. Rome 30161 16 Ken Fuller 5

Lenox Circle Rome 30161 17 Bill Cummings Route 1, 508 Morgan Valley Rd. Rockmart 30153 18 Thomas B.

Murphy P.O. Box 163 Bremen 30110 19-Post 1 Joe Mack Wilson 77 Church St. Marietta 30060 19-Post 2 Steve

Thompson 4265 Bradley Dr. Austell 30001 19-Post 3 George W. (Buddy) Darden P.O. Box 997 Marietta 30061 20-

Post 1 Johnny Isakson 5074 Hampton Farms Dr. Marietta 30067 20-Post 2 Carl Harrison P.O. Box 1374 Marietta

30061 20-Post 3 Ken Nix 3878 Manson Ave. Smyrna 30080 21-Post 1 Fred Aiken 4020 Pineview Dr., S.E. Smyrna

30080 21-Post 2 A.L. (Al) Burruss P.O. Box 6338-A Marietta 30065 22 Mrs. Dorothy Felton 465 Tanacrest Dr.

N.W. Sandy Springs 30328 23 Luther S. Colbert 495 Houze Way Roswell 30076 24 Kiliaen V. R. (Kil) Townsend

1701 Northside Dr. N.W. Atlanta 30318 25 John Savage 69 Inman Circle N.E. Atlanta 30309 26 Sidney J. Marcus

845 Canterbury Rd., N.E. Atlanta 30324 27 Cynthia Fuller 742 Myrtle St., N.E., #9 Atlanta 30308 28 Alveda King

Beal 75 Piedmont Ave., Suite 236 Atlanta 30303 29 Douglas C. Dean 356 Arthur St. S.W. Atlanta 30310 30 Paul

Bolster 1043 Ormewood Ave. S.E. Atlanta 30316 31 Mrs. Grace T. Hamilton 582 University Place N.W., Atlanta

30314 32 Mildred Glover 735 Lawton St. S.W. Atlanta 30310 33 J.C. (Julius C.) Daugherty, Sr. 202 Daugherty

Building 15 Chestnut St., S.W. Atlanta 30314 34 Tyrone Brooks Station A P.O. Box 11025 Atlanta 30310 35 J. E.

(Billy) McKinney 765 Shorter Terrace N. W., Atlanta 30318 36 G. D. Adams 532 St. Johns Ave. Atlanta 30315 37

David Scott 190 Wendell Dr. S. E. Atlanta 30315 38 Lorenzo Benn 579 Fielding Lane, S. W. Atlanta 30311 39 Bob

Holmes 2073 Cascade Rd. S. W. Atlanta 30311 40 Dick Lane 2704 Humphries St. East Point 30344 41 Greg

Pilewicz 2307 Plantation Dr. East Point 30344 42 Virlyn B. Smith 330 Rivertown Rd. Fairburn 30213 43-Post 1

Barbara H. Couch 2864 W. Roxboro Rd., N.E., Atlanta 30324 43-Post 2 Bettye Lowe 591 W. Paces Ferry Rd. N.W.,

Atlanta 30305 43-Post 3 John W. Greer 802 Healey Building Atlanta 30303 44 Bruce Widener P.O. Box 88866

Dunwoody 30338 45 J. Max Davis 1177 W. Nancy Creek Dr., N.E. Atlanta 30319 46 Cathey W. Steinberg 1732

Dunwoody Place N.E., Atlanta 30324 47 Joe Burton 2598 Woodwardia Rd. N.E., Atlanta 30345 48 Betty Jo

Williams 2024 Castleway Dr. N.E., Atlanta 30345 49 Ewell H. (Hank) Elliott 411 Decatur Federal Bldg. Decatur

30030 50 John Hawkins 1360 Harvard Rd. N.E. Atlanta 30306 51 Mrs. Mobley (Peggy) Childs 520 Westchester

Dr. Decatur 30030 52 Eleanor L. Richardson 755 Park Lane Decatur 30033 53 Doug Vandiford 3201 Kensington

Rd. Avondale Estates 30002 54 Rev. Hosea L. Williams 8 East Lake Dr. N. E. Atlanta 30317 55 Betty J. Clark P.O.

Box 17852 Atlanta 30316 56-Post 1 Wm. C. (Bill) Mangum, Jr. 4320 Pleasant Forest Dr. Decatur 30034 56-Post 2

Betty Aaron 3920 Johns Hopkins Ct. Decatur 30034 56-Post 3 Ken Workman 3383 Hyland Dr. Decatur 30032 57

Clarence R. Vaughn, Jr. P.O. Box 410 Conyers 30207 58 Cas M. Robinson 4720 Fellswood Dr. Stone Mountain 30083 59 R. T. (Tom) Phillips 1703 Pounds Rd. (Mountain Park, Gwinnett Co.) Stone Mountain 30087 60 Charles Martin 470 Hill St. Buford 30518 61 Vinson Wall 164 E. Oak St. Lawrenceville 30256 62 Hugh Logan 1328 Prince Ave. Athens 30601 63 Bob Argo P.O. Box 509 Athens 30603 64 John Russell P.O. Box 588 Winder 30680 65 Thomas (Mac) Kilgore 1992 Tara Circle Douglasville 30135 66-Post 1 Gerald Johnson P.O. Box 815 Carrollton 30117 66-Post 2 Charles Thomas P.O. Box 686 Temple 30179 67 J. Neal Shepard, Jr. 21 Fifth St. Newnan 30263 68 J. Crawford Ware P.O. Box 305 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. 683 Brook Circle Griffin 30223 71-Post 2 John L. Mostiler 150 Meadovista Dr. Griffin 30223 72-Post 1 Wm. J. (Bill) Lee 5325 Hillside Dr. Forest Park 30050 72-Post 2 Jimmy Benefield 6656 Morning Dove Place Jonesboro 30236 72-Post 3 Jim Wood 5676 Sequoia Dr. Forest Park 30050 72-Post 4 Rudolph Johnson 5888 Jonesboro Rd. Morrow 30260 73 G. Richard Chamberlin P.O. Box 378 Stockbridge 30281 74 Denny M. Dobbs 125 Hardwick Dr.-Almon Covington 30209 75 Neal Jackson 316 N. Broad St. Monroe 30655 76 Ben Barron Ross P.O. Box 245 Lincolnton 30817 77 Wm. S. (Bill) Jackson 3907 Washington Rd. Martinez 30907 78 William Bailey Jones P.O. Box 3933 Jackson 30233 79 Marvin Adams 709 Greenwood Rd. Thomaston 30286 80 Benson Ham 20 E. Main St. Forsyth 31029 81 Bob Lane 105 Wilton Dr. Statesboro 30458 82 John F. Godbee 401 Lane St. Brooklet 30415 83 Emory E. Bargeron P.O. Box 447 Louisville 30434 84 Warren D. Evans P.O. Box 539 Thomson 30824 85 R. A. Dent 1120 Pine St. Augusta 30901 86 Mike Padgett Route 1, Box 5 Augusta 30906 87 Jack Connell P.O. Box 308 Augusta 30903 88 Sam Nicholson 1762 Davidson Dr. Augusta 30904 89 Donald E. (Don) Cheeks 714 Westminster Court Augusta 30909 90 David Swann 804 Camellia Rd. Augusta 30909 91 W. Randolph (Randy) Phillips Route 1 Shiloh 31826 92 Calvin Smyre P.O. Box 181 Columbus 31902 93 Charles P. Rose 3821 Commander Dr. Columbus 31903 94 Sanford D. Bishop, Jr. P.O. Box 709 Columbus 31902 95 Thomas B. Buck, III P.O. Box 196 Columbus 31902 96 Gary C. Cason 3128 College Dr. Columbus 31907 97 Mary Jane Galer 7236 Lullwater Rd. Columbus 31904 98 Bryant Culpepper P.O. Box 490 Fort Valley 31030 99 Burl Davis 740 Mulberry St. Macon 31201 100 Frank C. Pinkston 773 Mulberry St. Macon 31201 101 William C. (Billy) Randall P.O. Box 121 Macon 31202 102 David E. Lucas 448 Woolfolk St. Macon 31201 103 Kenneth Wilson Birdsong Route 1 Gordon 31031 104 Frank Horne 612 Georgia Power Bldg. Macon 31201 105 Jimmy Lord P.O. Box 254 Sandersville 31082 106 Randolph C. (Randy) Karrh P.O. Drawer K Swainsboro 30401 107 John David Miles P.O. Box 345 Metter 30439 108 Wilbur E. Baugh P.O. Box 926 Milledgeville 31061 109 Bobby E. Parham P.O. Box 606 Milledgeville 31061 110 Ward Edwards P.O. Box 146 Butler 31006 111 Don Castleberry P.O. Box 377 Richland 31825 112 E. Roy Lambert 543 North Main St. Madison 30650 113 Ted W. Waddle 113 Tanglewood Dr. Warner Robins 31093 114 Roy H. (Sonny) Watson, Jr. P.O. Box 1905 Warner Robins 31099 115 Larry Walker P.O. Box 1234 Perry 31069 116 George Hooks P.O. Box 928 Americus 31709 117 Ben Jessup P.O. Box 468 Cochran 31014 118 Terry L. Coleman P.O. Box 157 Eastman 31023 119 J. Roy Rowland 103 Woodridge Rd. Dublin 31021 120 L. L. (Pete) Phillips Box 166 Soperton 30457 121 Clinton Oliver P.O. Box 237 Glennville 30427 122 Ronald E. (Ron) Ginsberg P.O. Box 10105 14 E. State St. Savannah 31412 123 Albert (Al) Scott 738 E. Victory Dr. P.O. Box 1704 Savannah 31402 124 Lamar W. Davis, Jr. P.O. Box 1567 Savannah 31402 125 Bobby Phillips 9219 Melody Dr. Savannah 31406 126 Herbert Jones, Jr. 413 Arlington Rd. Savannah 31406 127 Bobby L. Hill 923 West 37th St. Savannah 31401 128 Tom Triplett P.O. Box 9586 Savannah 31402 129 George A. Chance, Jr. P.O. Box 373 Springfield 31329 130 Bob Hanner Route 1 Parrott 31777 131 Tommy Chambliss P.O. Box 2008 Albany 31702 132 John White P.O. Box 3506 Albany 31706 133 R. S. (Dick) Hutchinson 915 Sixth Ave. Albany 31701 134 T. Hayward (Mac) McCollum 5608 Spring Flats Rd. Albany 31705 135 Howard H. Rainey 913 Third Ave. E. Cordele 31015 136 Earleen Sizemore Route 3 Sylvester 31791 137 Paul S. Branch, Jr. Route 4, Box 499-A Fitzgerald 31750 138-Post 1 Lundsford Moody P.O. Box 32 Baxley 31513 138-Post 2 Roger C. Byrd 302 N. Rogers St. Hazlehurst 31539 139 Ren D. Kemp P.O. Box 497 Hinesville 31313 140 Ralph J. Balkcom Route 1 Blakely 31723 141 Walter E. Cox 202 West St. Bainbridge 31717 142 Bobby Long 6th St., N.W. Cairo 31728 143 R. Allen Sherrod Route 1 Coolidge 31738 144 Marcus E. Collins, Sr. Route 1 Pelham 31779 145 Hugh D. Matthews Route 1, Box 913 Moultrie 31768 146-Post 1 Edmond Lewis Perry Route 2 Adel Rd. Nashville 31639 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 Dr. Valdosta 31601 149 Robert L. (Bob) Patten Route 1, Box 180 Lakeland 31635 150 Tom Crosby, Jr. 705 Wacona Dr. Waycross 31501 151 Harry Dixon 1303 Coral Rd. Waycross 31501 152-Post 1 James C. Moore Route 2 West Green 31567 152-Post 2 Tommy Smith Route 1 Alma 31510 153 James R. (Jim) Tuten, Jr. 528 Newcastle St. Brunswick 31520 154 Dean A. Auten 628 King Cotton Row Brunswick 31520
Page 2072

STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1980 Georgia Laws

Referendums Proposed Election Results Not Known Not Held Final Result

1953 (Jan./Feb.) 14 1 2 11

1953 (Nov./Dec.) 21 5 16 1955 17 1 1 15 1956 39 4 1 34 1957 24 1 23 1958 45 2 2 41 1959 34 1

33 1960 47 7 1 39 1961 27 1 26 1962 38 1 2 35 1963 39 1 5 33 1964 35 2 3 30 1964 Ex. Sess. 9

1 1 7 1965 23 3 20 1966 25 2 23 1967 39 2 37 1968 48 3 1 44 1969 48 3 3 42 1970 44 4 1 39

1971 43 5 38 1971 Ex. Sess. 3 3 1972 64 1 1 62 1973 21 1 2 18 1974 25 1 1 23 1975 33 1 1 31

1975 Ex. Sess. 1 1 1976 26 2 24 1977 13 13 1978 25 1 24 1979 5 5 1980 22 4 18

TOTALS 897 42 47 808

Page 2073

REFERENDUM ELECTIONS1953-1976 The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523),

provides that the results of all referendum elections which are provided for by any local or special law enacted by the

General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of

State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of

State at the same time. Georgia Laws 1953, January-February session:

County Page No. SUBJECT

Date of Election Result

Carroll 3012 Town Mt. Zion 3-21-53 For 55

Agn 30 Chatham

2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445

Agn8483 Franklin 3030

County Commissioners 11- 2-54 For1152

Agn 565 Gilmer 3103 City of Ellijay 6- 1-53 For 69

Agn

151 Gilmer 588 City of Ellijay 6- 1-53 For 69

Agn 151 Gwinnett 3187 City of Lawrenceville 6-27-53 For

55

Agn 61 Irwin 2495 Tax Commissioner 11- 2-54 For 568

Agn 694 Mitchell 2577 City of

CamillaTreasurer Not held Murray 2458 Town of Spring Place 5-19-53 For 36

Agn 48 Murray 2340 City

of Chatsworth Election Results Not Known Murray 2444 Tax Commissioner 4-21-53 For 553

Agn 261

Troup 2276 City of West Point 4- 1-53 For 250

Agn 112 Whitfield 2128 City Court of Dalton 3-26-53 For

210

Agn2613

Page 2074

Georgia Laws 1953, November-December session:

County Page No. SUBJECT Date of Election

Result

Burke 2049 County Commissioners 9- 8-54 For 1833

Agn 648 Cherokee 2668

Certain County Officerscompensation 11- 2-54 For 913

Agn 674 Clayton 2855 City of Forest Park Election

Results Not Known Clayton 2029 City of Jonesboro 12- 9-53 For 64

Agn 229 Clayton 2064 City of Lake

Tara Election Results Not Known Coweta 2040 City of Newnan 2- 6-54 For1406

Agn 603 Crisp 2407

City of Cordele 10- 5-54 City vote:

For202; Agn132

County vote:

For 23; Agn252 Decatur

2197 City of West Bainbridge 1-11-54 For 200

Agn 527 DeKalb 2578 City of Decatur 10-21-54 For 466

Agn 827 Early 2282 City of Blakely 4-19-54 For 45

Agn 82 Elbert 2987 City of Elberton 3-23-54 For 958

Agn 248 Forsyth 2674 County indebtedness Election Results Not Known Greene 2455 County Commissioners 3-

23-54 For 1637

Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For154

Agn 164 McDuffie

2584 City of Thomson 3-12-54 For 253

Agn 290 Miller 2814 City Court of Miller County Election Results

Not Known Richmond 2610 City of Augusta Election Results Not Known Richmond 2476 City of Augusta 11-

17-54 For 259

Agn 189 Sumter 2972 City of Americus 1-12-54 For 382

Agn 431 Troup 2858 City

of West Point 1-27-54 City vote:

For140; Agn 6

Outside city vote:

For 64; Agn 53 Twiggs

2570 County Commissioners 11- 2-54 For 161

Agn 626

Page 2075

Georgia Laws, 1955:

County Page No. SUBJECT Date of Election Result

Baldwin

2830 County Commissioners 4-20-55 For 1079

Agn 716 Clarke 3057 City of Athens/Clarke Countyschool

systems 5- 4-55 For 1124

Agn 564 Clayton 2781 City of Morrow 4-16-55 For 75

Agn 30 Clayton

Fulton 2884 City of College Park 5-14-55 For 46

Agn 13 DeKalb 2806 Form of government 5-18-55 (1)

Single Com.

For 750

Multiple Com.

For5013

(2) Co. Exec.

For2728

Co.

Manager

For2733 Elbert 2117 City Court of Elberton 3- 7-56 For4471

Agn 522 Fulton 2650 City of

Hapeville Election Results Not Known Gwinnett 3163 City of Lawrenceville 3-19-55 For 25

Agn 89 Hall

3038 Tax Commissioner 11-28-55 For2163

Agn 775 Hall 2627 Certain County Officerscompensation 11-28-

55 For2144

Agn 826 Houston 2093 City of Warner Robins 4- 5-55 For 234

Agn 547 Jackson 2853

City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For 582

Agn1327 Lumpkin 2892

County Commissioners 4-13-55 For 337

Agn 109 Rockdale 2428 Certain County Officerscompensation 4-16-

55 For 610

Agn 877 Tift 2344 City of Tifton 4-27-55 For 764

Agn 270 Wayne 2858 City of Jesup

4-27-55 For 383

Agn 206

Page 2077

Georgia Laws, 1956:

County Page No. SUBJECT Date of Election Result

Baldwin

2725 County Commissioners 4- 3-56 For1394

Agn1385 Baldwin (1 of 2) 2865 City of Milledgeville 7-18-56

For 107

Agn 58 Baldwin (1 of 2) 2865 City of Milledgeville 10-15-56 For 463

Agn 243 Baldwin

3003 City of Milledgeville 7-18-56 For 12

Agn 51 Banks 2056 Sheriffcompensation 3-14-56 For1054

Agn1378 Barrow 3100 City of Winder 5- 4-56 For 13

Agn 103 Carroll 2797 City Court of Carrollton 11-

6-56 For1305

Agn2344 Carroll 2877 City of Whitesburg Election Results Not Known Chattooga 2899

County Commissioner 9-12-56 For2142

Agn1167 Clayton (1 of 2) 2040 City of Forest Park Election Results

Not Known Clayton (1 of 2) 2040 City of Forest Park Election Results Not Known Clayton 2518 City of

Mountain View 3-24-56 For 341

Agn 44 Clayton Fulton 2744 City of College Park 4-28-56 For 28

Agn 22 Colquitt 2399 Certain County Officerscompensation 2-28-56 For3864

Agn2411 Colquitt 2403 Tax

Commissioner 2-28-56 For3939

Agn2540 Colquitt 2830 City of Moultrie 10-1-56 * * West Moultrie Area:

For1986; Agn169 [UNK] Colonial Heights Area: For2002; Agn159 [UNK] Crestwood Gardens Area: For2005; Agn167

[UNK] City vote: East Moultire Area: For2004; Agn165 [UNK] Tifton Highway Area: For1989; Agn173 [UNK]

Sylvester Drive Area: For1976; Agn175 [UNK] Area 1-West Moultrie Area: For99; Agn 57 [UNK] Area 2-Colonial

Heights Area: For145; Agn 83 [UNK] Area 3-Crestwood Gardens Area: For 27; Agn 87 [UNK] Area vote: Area 4-East

Moultrie Area: For 41; Agn147 [UNK] Area 5-Tifton Highway Area: For29; Agn107 [UNK] Area 6-Sylvester Drive

Area: For 78; Agn144 [UNK] DeKalb 2932 City Court of Decatur 5-16-56 For 12,520

Agn 5,846 DeKalb

(1 of 2) 3237 Multiple commission form of government 5-16-56 For 18,393

Agn 2,001 DeKalb (1 of 2) 3237

Commission Chairman 5-16-56 For:(a) 4,743

For:(b) 15,300 Fayette 2022 Tax Commissioner 2-25-56 For

292

Agn 37 Glascock 3507 Sheriffcompensation 3-14-56 For 498

Agn 227 Gwinnett 2502 Tax

Commissioner 11-6-56 For 3,383

Agn 1,641 Hall 3166 City of Lula 3-27-56 Belton vote:

For64;

Agn2

Lula vote:

For35; Agn3

Page 2079

Georgia Laws, 1956:

County Page No. SUBJECT Date of Election Result

Houston

2510 City of Warner Robins 5-8-56 For 215

Agn 30 Jackson 2887 City Court of Jefferson 9-12-56 For 972

Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For 231

Agn 580

Murray 3476 City of Chatsworth 8-25-56 For 77

Agn 109 Muscogee 2386 City of Columbus 9-12-56 City

vote:

For6179; Agn2356

Outside city vote:

For 516; Agn2070 Newton 2507 City of Covington

5-1-56 For 109

Agn 90 Richmond 2406 City of Augusta 4-18-56 For7769

Agn3734 Spalding 2412

City of Griffin 4-17-56 City vote:

For 948; Agn 595

Affected area:

For 365; Agn 400 Thomas

3159 Certain County Officerscompensation 4-24-56 For 902

Agn 939 Thomas 3510 Tax Commissioner 4-24-

56 For 876

Agn 957 Troup 2827 City of Hogansville 7-18-56 City vote:

For 216; Agn 117

Outside city vote:

For 41, Agn 159 Troup 3078 City of Hogansville 7-18-56 For 257

Agn 276 Troup

3423 City of North West Point 4-25-56 For 34

Agn 111 Walker 2995 Town of Linwood Election Results

Not Known Whitfield 2093 City of Dalton 3-15-56 For 985

Agn1831

Page 2080

Georgia Laws, 1957:

County Page No. SUBJECT Date of Election Result

Bartow

2048 City of Cartersville 3-12-57 For 1010

Agn 314 Bulloch 2877 City of Statesboro 7-26-57 Area 1:

For312; Agn14

Area 2:

For312; Agn14

Area 3:

For313; Agn13 [Illegible Text] 2003

City of Port Wentworth 3-20-57 For 422

Agn 128 Clarke 2033 City of Athens 2-27-57 For 617

Agn2112 Clarke 2036 City of Athens 2-27-57 For 714

Agn2047 Cobb 3020 City of Acworth 5- 4-57 For

73

Agn 181 Coffee 2833 City of Douglas 5-29-57 For 485

Agn 99 Colquitt 2205 City of Moultrie

3-11-57 For 25

Agn 53 Cook 3253 County Commissioners 5- 8-57 For 227

Agn 364 Dougherty

2595 City of Albany 5-20-57 For 325

Agn 720 Douglas 2358 City of Douglasville 5- 3-57 City vote:

For50; Agn 53

Affected area:

For 2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote:

For: Area 1 and 2

Outside city vote:

For: Area 2

Agn: Area 1 Gwinnett 2669 City of

Lawrenceville 3-23-57 For 27

Agn 4 Hancock 2341 City of Sparta Not held Henry 2121 County

Commissioners 4- 6-57 For 784

Agn 924 Miller 2194 County Commissioners 4- 2-57 Majority vote for $5

per meeting Pickens 2332 Town of Jasper 4-17-57 City vote:

For78; Agn 12

Outside city vote:

For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For 75

Agn 10 Polk 2185 City of Cedartown 5- 8-

57 For 656

Agn 934 Pulaski 3353 City of Hawkinsville 4-30-57 For 115

Agn 266 Spalding 2809

City of Griffin 4-30-57 For 552

Agn 317 Twiggs 3002 County Commissioners 5-22-57 For 156

Agn

174 Walker 2419 Town of Linwood 4-27-57 For 71

Agn 29 Wilkinson 2383 Town of McIntyre 5-25-57

For 49

Agn 18

Page 2082

Georgia Laws, 1958:

County Page No. SUBJECT Date of Election Result

Bacon

3378 City of Alma 7- 2-58 For 206

Agn 197 Baldwin 3302 County Commissioner 11- 4-58 For 932

Agn 717 Barrow 2338 City of Winder 6- 4-58 For 131

Agn 229 Bartow 2683 Tax Commissioner 9-10-58

For3590

Agn1254 Bartow 2866 Certain County Officerscompensation 9-10-58 For3462

Agn1356

Brooks 2859 City of Quitman 5-27-58 For 173

Agn 74 Chatham 2617 Town of Thunderbolt 1-20-59 For

291

Agn 115 Chatham 3337 City of Savannah 5-27-58 For4024

Agn2283 Chattahoochee 2554

Sheriffcompensation 11- 4-58 For 55

Agn 30 Cherokee 2437 City of Canton 5- 7-58 For 119

Agn 483

Cherokee 2661 City of Canton 5- 7-58 For 223

Agn 37 Clayton 3022 City of Mountain View Election

Results Not Known Clayton 3397 City of Forest Park Election Results Not Known Clayton Fulton 2309 City of

College Park 5-19-58 For 2

Agn 0 Clayton Fulton 2363 City of College Park 5-14-58 For 10

Agn 0

Clayton Fulton 2721 City of College Park 6- 3-58 For 738

Agn 340 Clayton Fulton 2453 City of College

Park 5-19-58 For 2

Agn 0 Clayton Fulton 2854 City of College Park 5-14-58 For 0

Agn 0 Clayton

Fulton 3212 City of East Point 7-16-58 For 63

Agn 28 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For

53; Agn 1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For 31; Agn27 DeKalb 3318 City of

Chamblee 5-10-58 City area vote:

For 41; Agn 1

Affected area:

For 91; Agn41 Dodge 2207

County Commissioners 3-18-58 For571

Agn2997 Early 2829 City of Blakely 8-12-58 For59

Agn96

Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1-City vote:

For227; Agn15

Outside city:

For143; Agn54

Parcel #2-City vote:

For229; Agn15

Outside city:

For39; Agn40

Parcel #3-City vote:

For230; Agn14

Outside city:

For24; Agn28 Fannin 3353 City of Blue Ridge

5-17-58 For162

Agn282 Franklin 2644 City of Carnesville 4-22-58 For33

Agn21 Gordon 2131 City

of Calhoun 3-26-58 City vote:

For234; Agn75

County vote:

For203; Agn256 Hall 2279 City

of Gainesville 4-1-58 For925

Agn169 Haralson 2820 City of Bremen Not Held Henry 3127 Certain

County Officerscompensation 5-21-58 For346

Agn206 Henry 3132 City of Stockbridge 4-30-58 City vote:

For61; Agn75

Outside City:

For16; Agn116 Henry 3198 City of Hampton 4-30-58 City vote:

For92; Agn3

Outside City:

For37; Agn9 Henry 3367 City of McDonough Election Results Not

Known Jasper 2921 City of Monticello 6-3-58 City vote:

For147; Agn107

Outside City:

For15; Agn50 Jeff Davis 3288 County Commissioners 4-19-58 For1025

Agn901 Lowndes 2624 City of

Valdosta 4-14-58 For907

Agn243 Newton 2269 City of Covington 7-9-58 For151

Agn460 Polk

2468 Town of Van Wert 9-10-58 For7

Agn57 Pulaski 2826 Tax Commissioner 11-4-58 For 222

Agn

235 Putnam 2980 City of Eatonton 6-11-58 For 42

Agn 257 Tift 2696 City of Tifton (2 elections held) 4-

30-58 City vote:

For669; Agn43

Outside City:

For333; Agn286 Tift 2930 City of Tifton 5-7-

58 Election Results Not Known Ware 2763 City of Manor 5-17-58 For 19

Agn 100 Wilkes 2091 County

Commissioners 11-4-58 For 749

Agn 98 White 3224 County Commissioners Not held

Page 2086

Georgia Laws, 1959:

County Page No. SUBJECT Date of Election Result

Bartow

2782 City of Cartersville 4-29-59 For 79

Agn 154 Bartow 2793 City of Cartersville 4-29-59 For 3

Agn 21 Bartow 2797 City of Adairsville 5-12-59 For 77

Agn 120 Bartow 2907 City of White (Sec. 2) (2

elections held) 5-16-59 County Election, Sec. 2:

For7; Agn36

City Election:

For27; Agn45

Bartow 2920 City of Kingston 5-16-59 For 49

Agn 2 Catoosa 2161 County Commissioners 3-28-59 For 718

Agn2430 Chattooga 2809 City of Summerville 5-23-59 For 160

Agn 462 Cherokee 2494 Certain County

Officerscompensation 4-4-59 For1522

Agn 509 Clayton Fulton 2499 City of College Park 5-18-59 For 14

Agn 38 Clayton Fulton 2508 City of College Park 5-18-59 For 0

Agn 0 Clayton Fulton 2516 City of

College Park 5-18-59 For 5

Agn 0 Clayton Fulton 2521 City of College Park 5-18-59 For 3

Agn 0

Cobb Douglas 3142 City of AustellParcel #2 8-18-59 For 7

Agn 8 Cobb Douglas 3142 City of AustellParcel

#3 8-4-59 For 2

Agn 11 Cobb Douglas 3142 City of AustellParcel #1 8-25-59 For 5

Agn 49 Cobb

Douglas 3142 City of AustellParcel #4 8-11-59 For 14

Agn 15 Colquitt 2396 City of Norman Park 5-25-59

For 50

Agn 81 Dougherty 2091 County Commissioners 4-12-60 For 755

Agn 417 Dougherty 3064

City of Albany 6-8-59 For1413

Agn 710 Douglas 2871 City of Lithia Springs 4-8-59 For 241

Agn 569

Elbert 2627 County Commissioners 4-8-59 For 804

Agn 436 Elbert 2621 Tax Commissioner 4-8-59

For1041

Agn 203 Elbert 2624 Certain County Officerscompensation 4-8-59 For1014

Agn 228

Emanuel 2592 City of Twin City 5-4-59 For 200

Agn 162 Gwinnett 3161 City of Dacula 5-9-59 For 82

Agn 45 Habersham 2178 City of Cornelia 4-13-59 For 102

Agn 91 McDuffie 2568 Certain County

Officerscompensation 6-30-59 For 502

Agn 75 Meriwether Talbot 2534 City of Manchester 4-1-59 For 109

Agn 30 Newton 2780 City of Oxford 5-1-59 For 30

Agn 36 Polk 2171 City of Cedartown 5-19-59 City

vote:

For387; Agn 75

County vote:

For 86; Agn291 Polk 2732 Certain County

Officerscompensation 3-16-60 For4388

Agn1624 Toombs 2010 County Commissioners 4-8-59 For1510

Agn 827 Turner 2575 County Commissioners Not Held Union 2053 County Commissioners 3-17-59 For 810

Agn1629

Page 2089

Georgia Laws, 1960:

County Page No. SUBJECT Date of Election Result

Banks

3035 County Commissioners 9-14-60 For1197

Agn 767 Berrien 3301 City of Nashville 11-8-60 For 466

Agn 418 Bibb 3223 Macon-Bibb County 6-1-60 City vote:

For4598; Agn4288

Outside City vote:

For1902; Agn7368

Payne City vote:

For 37; Agn 55 Chatham 2273 Town of Thunderbolt 1-17-61 For

151

Agn 283 Chattooga 2715 Town of Trion 5-5-60 For 53

Agn 25 Clarke 2234 City of Athens 4-

13-60 For276

Agn 522 Cobb 2127 City of Smyrna Election Results

not known Coweta 3020 City

of Newnan 4-30-60 For 320

Agn 146 Douglas Cobb 2118 City of Austell 3-26-60 For 27

Agn 38

Dodge 2608 Town of Rhine 4-27-60 For146

Agn4 DeKalb 3158 City of Decatur Election results Not

Known Emanuel 2360 County Commissioners 11-8-60 For877

Agn2080 Evans 2251 City of Claxton 5-5-

60 Proposed Area:

For32; Agn62

Within City vote:

For379; Agn107 Franklin 2143 County

Commissioner Advisory Board 3-9-60 For2296

Agn1038 Fulton Clayton 2849 City of College Park 5-14-60

For6

Agn0 Fulton Clayton 2854 City of College Park 5-16-60 For21

Agn15 Greene 3089 Tax

Commissioner 4-28-60 For801

Agn823 Greene 3093 Certain County Officerscompensation 4-28-60 For822

Agn835 Henry 3297 City of McDonough 5-18-60 Inside City vote:

For61; Agn35

Outside City vote:

For41; Agn83 Houston 2605 Tax Commissioner 11-8-60 For4059

Agn959, Jefferson 2913 Town of Avera

Election Results Not Known Lamar 2294 Certain County Officerscompensation 5-11-60 For131

Agn193

Liberty 2237 County Commissioners 3-30-60 For1096

Agn573 Lowndes 3125 City of Valdosta 4-15-60

For87

Agn656 McIntosh 2888 Clerk Superior Court Election Results Not Known McIntosh 2893 Sheriff

Election Results Not Known McIntosh 2899 Tax Commissioner Election Results Not Known McIntosh 2904

Ordinary Election Results Not Known Mitchell 2301 City of Camilla 4-27-60 City of Camilla

For 45;

Agn15

Mitchell County

For8; Agn1 Morgan 2518 Certain County Officerscompensation 3-15-60

For1894

Agn332 Murray 3180 City of Spring Place Not Held Polk 2111 City of Cedartown 3-22-60

For74

Agn50 Pulaski 2991 Clerk Superior Court 9-14-60 For798

Agn962 Pulaski 2995 Tax

Collector 9-14-60 For803

Agn952 Pulaski 2998 Ordinary 9-14-60 For805

Agn949 Pulaski 3001

Sheriff 9-14-60 For810

Agn953 Pulaski 3009 Tax Receiver 9-14-60 For777

Agn952 Rabun 2417

City of Clayton 5-25-60 For46

Agn160 Rockdale 2028 City of Conyers 3-2-60 For134

Agn283

Stewart 2051 County Commissioner and Advisory Board 3-16-60 For418

Agn297 Walton 2056 Certain

County Officerscompensation 3-9-60 For3092

Agn918 Walton 2063 County Commissioners 3-9-60 For2748

Agn1117 Walton 2067 Tax Commissioner 3-9-60 For3181

Agn900 Wayne 2202 County Commissioners

3-4-60 For458

Agn1672 Whitfield 2003 County Commissioner 3-2-60 For955

Agn1042 Whitfield

2007 Certain County Officerscompensation 3-2-60 For1272

Agn746 Whitfield 2019 Tax Commissioner 3-2-

60 For1227

Agn806

Page 2093

Georgia Laws, 1961:

County Page No. SUBJECT Date of Election Result

Appling

2197 City of Baxley 4-18-61 For514

Agn292 Bartow 2782 City of Cartersville 6-10-61 For6

Agn44

Bartow 3382 City of Cartersville 6-10-61 For29

Agn20 Bartow 3469 City of Cartersville 6-10-61 For205

Agn159 Bibb 2441 City of Macon 5-24-61 City vote:

For1560; Agn445

Outside City vote:

For12, 269;

Agn9037 Carroll 3118 City of Carrollton 5-20-61 For267

Agn764 Chatham 2969 City

of Savannah 5-10-61 City of Savannah:

For9176; Agn1679

Zone No. 1:

For886; Agn759

Zone No. 2:

For123; Agn277 Chatham 3072 Civil Service System 4-20-61 For137

Agn144

Chattooga 2658 City of Summerville 5-27-61 For338

Agn241 Colquitt 3041 City of Moultrie Not held

Early 2245 City of BlakelyNorth City Limits 6-13-61 For61

Agn56 Early 2260 City of BlakelySouth City

Limits 6-14-61 For35

Agn56 Forsyth 2252 City of Cumming 4-1-61 City vote:

For108; Agn26

Outside City vote:

For41; Agn142 Gwinnett 2583 City of Norcross 5-20-61 City vote:

For45; Agn25

Outside City vote:

For21; Agn43 Gwinnett 3156 City of Suwanee 4-29-61 For56

Agn15 Laurens

2598 City of Dublin 8-2-61 For1077

Agn463 Meriwether 2760 City of Manchester 5-3-61 For614

Agn322 Meriwether 3058 Board of County Commissioners 5-31-61 For860

Agn320 Meriwether 3223

County Treasurer 5-31-61 For680

Agn493 Meriwether 3416 Tax Commissionercompensation 5-31-61

For940

Agn243 Meriwether 3456 Certain County Officerscompensation 5-31-61 For938

Agn254

Monroe 2994 City of Forsyth 10-4-61 For668

Agn245 Murray 3403 City of Spring Place 6-24-61 For24

Agn19 Pike 2704 City of Zebulon 5-6-61 For52

Agn1 Polk 2931 City of Rockmart 12-2-61 See below *

* Result: City of RockmartFor: 669; Agn: 174 Ward 1 For: 22; Agn: 36 Ward 2 For: 0; Agn: 17 Ward 3 For: 0; Agn: 0

Ward 4 For: 6; Agn: 69 Ward 5 For: 0; Agn: 1 Sumter 3251 City of Americus 5-9-61 For331

Agn954

Troup 2650 City of West Point 4-26-61 For143

Agn224

Page 2096

Georgia Laws, 1962:

County Page No. SUBJECT Date of Election Result

Bryan

2505 City of Richmond Hill 4- 4-62 For 153

Agn 119 Chatham 2707 Town of Pooler 4-26-62 For 110

Agn 114 Clarke 2677 City of Athens 5-23-62 For 643

Agn 521 Clarke 2751 City of Athens 4-25-62 For

1228

Agn1361 Clayton Fulton 2592 City of College Park 5- 5-62 For 32

Agn 37 Clayton Fulton

2599 City of College Park 6- 1-62 For 214

Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For

4

Agn 160 Columbia 2713 City of Martinez 9-12-62 For 85

Agn 573 Emanuel 2359 Board of

County Commissioners 11-6-62 For 450

Agn 484 Fulton 2473 City of East Point 5- 9-62 For 1

Agn 3

Fulton 2854 City of East Point 5- 9-62 For 1

Agn 6 Fulton 2861 City of East Point 5- 9-62 For 6

Agn 31 Fulton 3130 City of East Point 5- 9-62 For 25

Agn 22 Gwinnett 2364 Pinball machines 11- 6-62

For 1737

Agn 638 Henry 2403 Town of Locust Grove 4-25-62 For 20

Agn 27 Jackson 2620 City of

Jefferson Not held Jackson 2624 City of Commerce 12- 5-62 Inside City:

For385; Agn108

Outside

City:

For 58; Agn237 Laurens 2528 Town of Dudley 3-28-62 For 29

Agn 4 Laurens 3052 County

Treasurer Not Held Meriwether 2244 City of Manchester 3-28-62 For 234

Agn 66 Meriwether 2396 City

of Manchester 3-28-62 For 251

Agn 47 Meriwether 2422 City of Manchester 3-28-62 For 224

Agn

67 Meriwether 2603 City of Manchester 3-28-62 For 231

Agn 76 Meriwether 2613 City of Manchester 3-

28-62 For 227

Agn 57 Mitchell 2158 City of Camilla 4-24-62 For 15

Agn 0 Murray 2576 City of

Chatsworth 6-23-62 For 143

Agn 183 Muscogee 2164 Columbus-Muscogee Board of Commissioners 4-11-62

Muscogee County:

For6612; Agn9103

City of Columbus:

For5563; Agn6032 Newton 3072 City

of Covington 4-25-62 For 550

Agn 167 Oglethorpe 3202 City Court of Lexington 11- 6-62 For 392

Agn 180 Putnam 2440 Certain County Officerscompensation 11- 6-62 For 626

Agn 129 Putnam 3048 Tax

Commissioner 11- 6-62 For 548

Agn 184 Terrell 2537 City of Dawson 7-11-62 Ext. 1Defeated

Ext.

2Ratified Terrell 3186 City of Dawson Election Results Not Known Upson 2074 City of Thomaston 4- 3-62 For

577

Agn 543 Warren 2981 Clerk Superior Court attend Court of Ordinary 11- 6-62 For 281

Agn 313

Washington 3038 City of Tennille 5- 2-62 In proposed area:

For 13; Agn44

In City Tennille:

For139; Agn58 Wayne 3110 Board of County Commissioners 11- 6-62 For 664

Agn 449 Wilkinson 2847

Town of McIntyre 4- 7-62 For 70

Agn 21

Page 2099

Georgia Laws, 1963:

County Page No. SUBJECT Date of Election Result

Baker

2928 Tax Collector and Tax Receivercompensation 4-25-63 For 581

Agn 343 Baldwin 3035 Civil and

Criminal Court of Baldwin County 5-28-63 For 142

Agn 346 Bartow 2066 Sheriff's Deputies and

Jailerscompensation 4-10-63 For 721

Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-

10-63 For 545

Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For 666

Agn1230 Bartow 2078 County Commissioner clerical helpcompensation 4-10-63 For 532

Agn1343 Bartow

2082 Deputy Tax Commissionercompensation 4-10-63 For 511

Agn1356 Bartow 2086 Sheriffequipment 4-

10-63 For 714

Agn1172 Berrien 2627 Town of Enigma 6- 4-63 For 15

Agn 0 Bleckley 2382 Tax

Commissioner 6- 5-63 For 209

Agn 436 Cherokee 2016 City of Canton 5- 1-63 For 45

Agn 29

Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of

County Commissioners 1- 8-64 For2123

Agn4100 Colquitt 2203 City of Moultrie Election Results Not

Known DeKalb 3457 City of North Atlanta 7-11-63 For(1) 508

For(2) 55

For(3) 842 Dougherty 3630

City of Albany 7-29-63 For1034

Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City:

For243; Agn44

Outside City:

For81; Agn41 Fulton 2887 City of East Point Not Held Glynn 3249

City of Brunswick 10-1-63 For798

Agn570 Hall 3552 Board of County Commissioners 9-3-63 For1421

Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1669

For Sec. 2624 Houston 3330

City of Warner Robins 5-7-63 For1127

Agn776 Irwin 2602 Tax Commissioner 5-28-63 For91

Agn279

Jackson 2575 City of Commerce Not Held Meriwether 2332 City of Warm Springs Not Held Muscogee 2731

City of Columbus 6-5-63 For3254

Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For333

Agn669 Pulaski [Illegible Text] Tax Commissioner 6-18-63 For354

Agn321 Screven 2835 City of Sylvania

6-4-63 For160

Agn79 Talbot 2185 Board of County Commissioners 5-22-63 For239

Agn295 Telfair

2482 City of McRae 5-1-63 For130

Agn3 Thomas 3402 City of Boston 5-20-63 For45

Agn126

Thomas 3405 City of Boston 5-20-63 For52

Agn127 Turner 2471 County Commissioner 4-24-63 For249

Agn603 Walton 2600 Tax Equalization Program 7-24-63 For1715

Agn1838 Ware 2237 Board of County

Commissioners 5-30-63 For1727

Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63

For1304

Agn119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281

Agn130

Page 2102

Georgia Laws 1964, January-February session:

County Page No. SUBJECT Election Date of Result

Appling 2681 Certain County Officerscompensation 6-17-64 For2543

Agn 848 Brooks 2776 City of Quitman

Election Results Not Known Chatham 2288 Town of Pooler 4-15-64 For 124

Agn 61 Cherokee 2351 City

of Woodstock Not held Cherokee 2431 City of Canton 4-8-64 For 174

Agn 394 Colquitt 2305 City of

Moultrie 10-20-64 For1174

Agn 613 Cook 2093 County Commissioners 3-4-64 For2003

Agn1612

Dodge 2954 City of Empire 6-2-64 For 55

Agn 71 Fulton 2478 City of Union City 5-8-64 For 214

Agn 279 Fulton 2988 City of Alpharetta * * (Repealed by Ga. L. 1964, Ex. Sess., p. 2342) Gwinnett 2733

City of Suwanee 5-11-64 For 90

Agn 4 Hancock 2088 Certain County Officerscompensation 4-22-64 For 251

Agn 64 Harris 2939 Town of Pine Mountain 4-29-64 Inside:

For 61

Agn 43

Outside:

For 0

Agn 7 Hart 2028 Board of Finance 9-9-64 Question A: 1,246

Question B: 873

Page 2103

Georgia Laws 1964, January-February session:

County Page No. SUBJECT Date of Election Result

McDuffie 2095 Board of County Commissioners 4-1-64 For 971

Agn1720 McDuffie 2104 Tax

Commissioner 4-1-64 For 985

Agn1708 McDuffie 2107 Sheriff and Deputiescompensation 4-1-64 For 982

Agn1705 Meriwether 2154 Town of Greenville Election Results Not Known Meriwether 2412 City of Woodbury

4-22-64 For 110

Agn 30 Monroe 2542 Board of County Commissioners Not held Murray 2672 County

Commissionerscompensation 9-9-64 For1868

Agn1763 Peach 2627 Board of County Commissioners 4-29-64

(3 questions)

For 509

Agn 502

For 692

For 93 Pickens 2066 Board of County

Commissioners 3-4-64 For1822

Agn 144 Pickens 2078 City of Jasper 3-21-64 Inside City:

For 43

Agn 3

Outside City:

For 9

Agn 0 Thomas 2497 SheriffCompensation 4-29-64 For1685

Agn 639 Tift 2208 City of Tifton 4-22-64 For 281

Agn 216 Tift 2361 City of Tifton 4-22-64 For 136

Agn 368 Tift 2900 Board of County Commissioners 5-13-64 For1992

Agn1290 Tift 3069 Board of County

Commissioners 5-13-64 For2592

Agn 738 Walker 2014 Ordinarycompensation 2-18-64 For4695

Agn

285 Walker 2018 Tax Commissioner 2-18-64 For4673

Agn 251 Walker 2024 Clerk Superior

Courtcompensation 2-18-64 For4655

Agn 298 Walker 2643 Fire Prevention Districts 2-15-65 For 246

Agn 41 Fire District Commissioners 3-22-65 For 3 member board 81 votes for each candidate Ware 2455 Tax

Commissioner Not held Whitfield 2175 Board of County Commissioners 3-20-64 For3817

Agn2807

Wilkinson 2314 Tax Commissioner 11-3-64 For 933

Agn 863

Page 2105

Georgia Laws 1964, Extra Session:

County Page No. SUBJECT Date of Election Result

Baker 2096 Sheriffcompensation 7-15-64 For 464

Agn 529 Barrow 2347 City of Winder 9-9-64 For 507

Agn 372 Cobb 2075 Board of County Commissioners 7-8-64 For7297

Agn2791 Cobb 2179 City of

Elizabeth Election Results Not Known Dooly 2052 City of Byromville Not held Fulton 2342 City of Alpharetta

8-22-64 For 57

Agn 104 Troup 2256 City of Hogansville 9-2-64 For 200

Agn 410 Troup 2350

Small Claims and Committal Court of LaGrange Election Results Not Known Worth 2116 City of Sylvester 12-2-64

For 216

Agn 32

Page 2106

Georgia Laws, 1965:

County Page No. SUBJECT Date of Election Result

Appling

3142 Certain County Employeescompensation 11-8-66 For589

Agn556 Appling 3361 Providing for an annual

audit 11-8-66 For733

Agn326 Baldwin 2306 City of Milledgeville 6-2-65 For544

Agn462 Baldwin

2316 Board of County Commissioners 4-7-65 For801

Agn1878 Brooks 3226 City of Quitman Election

Results Not Known Chatham 3181 Isle of Hope Election Results Not Known Crisp 2167 City of Cordele 4-28-65

For828

Agn1198 Decatur 2819 City of Bainbridge 4-7-65 For1148

Agn688 Decatur 3245 Small

Claims Court of Decatur County 6-16-65 For447

Agn472 Dooly 2582 City of Unadilla 7-20-65 For56

Agn115 Echols 3160 City of Statenville 7-14-65 For72

Agn75 Fulton Clayton 3391 City of College Park

4-30-66 * * Sec. 1 For3; Agn67 Sec. 2 For0; Agn7 Sec. 3 For0; Agn12 Sec. 4 For0; Agn6 Sec. 5 For8; Agn43 Sec. 6

For5; Agn12 Sec. 7 For6; Agn31

Page 2107

Georgia Laws, 1965:

County Page No. SUBJECT Election Date of Result

Habersham 2727 City of Cornelia 5-12-65 For92

Agn123 Houston 2650 City Court of Warner Robins 6-22-

65 For1847

Agn1657 Jackson 3408 City of Jefferson Election Results Not Known Liberty 3342 Town of

Allenhurst 5-10-65 For51

For0 Madison 3068 Certain County Officerscompensation 6-16-65 Eff. 1-1-66

For1384

Eff. 1-1-67

For422 McDuffie 2480 Coronercompensation 5-12-65 For105

Agn58

Putnam 2862 County Commissionerscompensation 6-16-65 For183

Agn199 Thomas 2680 Creation of Fire

Protection Districts 6-16-65 Fire Dist. No. 1

For226

Agn49

Fire Dist. No. 2

For116

Agn46

Fire Dist. No. 3

For364

Agn535 Tift 2541 * * Each of these acts has an effective date of

January 1, 1966. Ordinarycompensation 6-16-65 For953

Agn353 Tift 2608 * Clerk Superior

Courtcompensation 6-16-65 For952

Agn381 Tift 2705 * Tax Commissionercompensation 6-16-65 For943

Agn361

Page 2108

Georgia Laws, 1966:

County Page No. SUBJECT Election Date of Result

Appling

2754 Board of County Commissioners 11-8-66 For728

Agn479 Atkinson 2107 County Court of Atkinson

County 11-8-66 For1004

Agn704 Bartow 2144 City of Adairsville 4-2-66 For167

Agn48 Bartow

2454 City of Adairsville 4-2-66 For210

Agn105 Bryan 2466 City Court of Pembroke 9-14-66 For368

Agn1148 Bulloch 2316 City of Statesboro 11-8-66 For265

Agn183 Fulton DeKalb 3337 City of Atlanta 5-

11-66 Sandy Springs

For-2504 Agn-5173

Adamsville

For-198 Agn-151 Floyd 3129 Floyd School

District 4-12-66 For1459

Agn3759 Habersham 2404 City of Cornelia 4-27-66 For150

Agn115

Habersham 2625 City of Cornelia 4-27-66 For149

Agn114 Habersham 3102 City of Cornelia 4-27-66

For144

Agn118 Habersham 3144 City of Cornelia 4-27-66 For157

Agn105 Hall 3305 Board of

County Commissioners 11-8-66 For4842

Agn4335 Irwin 2472 Tax Commissioner 4-27-66 For184

Agn387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 City of Denton 4-6-66 For162

Agn58

Meriwether 2266 Certain County Officerscompensation 11-8-66 For1495

Agn2994 Meriwether 2521 Town

of Luthersville 5-7-66 For40

Agn19 Meriwether 3318 City of Woodbury 5-11-66 For27

Agn6

Meriwether 3403 City of Greenville 5-4-66 For24

Agn19 Miller 2867 City of Colquitt Not held Miller

3372 Small Claims Court of Miller County 5-4-66 For180

Agn153 Pike 3170 City of Zebulon 4-30-66 For89

Agn14 Stephens 2628 County Commissioners 11-8-66 For1443

Agn1554 Wayne 3099 City of Jesup 5-25-

66 For1083

Agn603

Page 2110

Georgia Laws, 1967:

County Page No. SUBJECT Date of Election Result

Banks

2538 County Board of Education 6-28-67 For333

Agn219 Banks Habersham 2610 Town of Baldwin Not

held Barrow 3326 City of Statham 5-19-67 For185

Agn93 Ben Hill 2987 City of Fitzgerald Board of

Education 6-13-67 For179

Agn507 Bulloch 3483 City of Statesboro 7-28-67 For490

Agn111

Bulloch 2997 Town of Brooklet 9-1-67 For33

Agn3 Catoosa 2207 Board of County Commissioners 4-15-67

For1139

Agn3373 Catoosa 2225 County Board of Education 4-15-67 For1426

Agn2993

Chattahoochee 2530 County Board of Education Not held Clarke 2929 County Board of Education 6-7-67 For663

Agn570 Clarke 3215 City of Athens Not Held Cook 2507 County Board of Education 8-16-67 For584

Agn135 Crisp 2691 County Board of Education 9-14-67 For266

Agn32 Dooly 2467 City of Vienna 6-20-

67 For12

Agn9 Dooly 2922 County Board of Education 6-20-67 For807

Agn173 Echols 3491 City

of Statenville 5-15-67 For62

Agn106 Floyd 2163 City of Rome 4-26-67 For333

Agn794 Gordon

2898 Fire Protection Services 6-21-67 For286

Agn111 Henry 2595 City of Stockbridge 5-13-67 Inside City

For101

Agn87

Outside City

For43

Agn475 Houston 2606 City of Warner Robins 4-25-67

For2292

Agn680 Houston 3241 County School Superintendent 11-7-67 For1001

Agn2317 Houston

3244 County Board of Education 11-7-67 For2559

Agn757 Lowndes 2118 Town of Dasher 4-11-67 For59

Agn5 McDuffie 2169 Deputy Sheriffcompensation 4-26-67 For1069

Agn539 Meriwether 2011 City of

Greenville 4-3-67 For41

Agn0 Murray 2458 City of Chatsworth 5-31-67 For 154

Agn 19 Newton

2405 County Board of Education 5- 3-67 For 1258

Agn 598 Newton 2784 Board of County Commissioners

5- 3-67 For 1301

Agn 540 Pike 2448 Tax Commissioner 9- 6-67 For 454

Agn 52 Pike 3152 County

Board of Education 9- 6-67 For 441

Agn 65 Polk 2718 County Board of Education 11- 5-68 For 3306

Agn1245 Pulaski 3463 Pulaski County/City of Hawkinsvilleschool merger 11- 7-67 Pulaski County

For 249

Agn 482

City of Hawkinsville

For 466

Agn 236 Randolph 2243 Tax Commissionercompensation

4-26-67 Proposition #1

For 1109

Proposition #2

For 782 Stephens 3005 County Board of

Education 5- 2-67 For 709

Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11- 5-68 For 1097

Agn 88 Thomas 2115 City of Thomasville 3-28-67 For 841

Agn 398 Turner 2694 City of Sycamore 5-26-

67 For 162

Agn 51 Union 3064 Sheriffcompensation 6-28-67 For 235

Agn 790 Whitfield 2277 City

of Dalton 4-19-67 For 516

Agn 607

Page 2113

Georgia Laws, 1968:

County Page No. SUBJECT Date of Election Result

Atkinson

2882 Board of County Commissioners 4-17-68 For 591

Agn 216 Bacon 3542 Tax Commissioner 6-11-68

For 400

Agn 321 Banks Habersham 2400 Town of Baldwin Election Results Not Known Berrien 2241

Board of County Commissioners Not Held Bibb 2835 County Board of Education 11- 5-68 For 14,736

Agn

7,193 Bleckley 2278 City of Cochran 6-19-68 For 351

Agn 781 Candler 2446 County Board of Education

5- 7-68 For 296

Agn 467 Carroll 2256 County School Superintendent 4-24-68 For 250

Agn 1,341

Carroll 2841 County Board of Education 4-24-68 For 547

Agn 1,087 Charlton 2342 City of Folkston 9-11-

68 For 118

Agn 145 Charlton 2984 Town of Homeland Election Results Not Known Chatham 2636 Board

of Education of City of Savannah and Chatham County/City of Savannahschool merger 11- 5-68 For 11,874

Agn11,276 Chattahoochee 2717 County Board of Education 7-12-68 For 4

Agn 20 Cherokee 3751

Cherokee County School System 11-5-68 For2,042

Agn 1,755 Coffee 2177 County Board of Education 4-24-

68 For 546

Agn 1,101 Coffee 2181 County Commissioners 4-24-68 For 508

Agn 1,100 Colquitt

2130 City of Moultrie 4-23-68 For 540

Agn 715 Columbia 2708 County Board of Education 9-11-68 For

2,048

Agn 320 Decatur 2565 County Board of Education 5- 1-68 For 971

Agn 1,104 Decatur 2756

City of Bainbridge 6- 5-68 For 292

Agn 137 Douglas 2262 County School Superintendent 5-21-68 For 189

Agn 1,025 Douglas 3764 County Board of Education 5-21-68 For 498

Agn 686 Echols 3514 County Board

of Education 11-5-68 For 457

Agn 38 Emanuel 2487 County Board of Education 4-24-68 For 405

Agn

633 Evans 3722 City of Daisy Election Results Not Known Glynn 2914 Brunswick-Glynn County Charter

Commission 10-14-69 For 2846

Agn6761 Gordon 2030 Board of County Commissioners 5-15-68 For 723

Agn 1,212 Grady 2120 County Board of Education 5-14-68 For 2,249

Agn 717 Gwinnett 2003 Board of

County Commissioners 4-10-68 For Part I4,315

For Part II1,413 Henry 3375 Board of County Commissioners

5-28-68 For 756

Agn 1,272 Irwin 2822 Tax Commissioner 5-28-68 For 191

Agn 547 Jefferson 3421

County Board of Education 11- 5-68 For 8,029

Agn 1,420 Jenkins 2960 Board of County Commissioners 6-

10-68 For 559

Agn 179 Jenkins 2965 County Board of Education 6-10-68 For 448

Agn 298 Macon

2663 Tax Commissioner 5- 1-68 For 189

Agn 261 Miller 2529 County Board of Education 5-14-68 For 667

Agn [Illegible Text] Paulding 2381 County Board of Education 7- 3-68 For 233

Agn 19 Pierce 2761

County Board of Education 11- 5-68 For 812

Agn 1,377 Rabun 2272 Board of County Commissioners 4-9-68

For1,205

Agn1,144 Sumter 2065 County Board of Education 5-21-68 For 626

Agn 483 Tift 2023

City of Tifton 4-3-68 For 408

Agn 310 Toombs 3424 County Board of Education 5-29-68 For 65

Agn

772 Walker 2152 City of Lookout Mountain 5-9-68 For 299

Agn 252 Walker 2235 County Board of

Education 5-9-68 For1,155

Agn 887 Walton 2974 County Board of Education 6-18-68 For1,709

Agn265 Wayne 3361 County Board of Education 9-11-68 For1,140

Agn614 Whitfield 3065 City of Varnell

5-23-68 For41

Agn5 Wilkes 3462 Town of Rayle 5-17-68 For43

Agn4

Page 2117

Georgia Laws, 1969:

County Page No. SUBJECT Date of Election Result

Bartow

2929 City of Cartersville 6-19-69 For180

Agn277 Bibb 3331 Board of Elections 9-17-69 Inside City Limits

For5892

Agn2086

Outside City Limits

For514

Agn295 Butts 2456 County Board of

Education 5-22-69 For422

Agn566 Camden 3543 Tax Commissioner Not Held Candler 2230 City of

Metter 5-6-69 For326

Agn86 Charlton 2665 County Board of Education 7-15-69 For143

Agn287

Chatham 2584 City of Garden City Election Results Not Known Cherokee 2829 County Board of Education 6-17-

69 Sec. 1

For1600

Agn718

Sec. 2

For624

Agn1657 Clarke 3028 County Board of

Education 7-15-69 For1722

Agn1738 Cobb 2475 Cobb County School District 5-14-69 For773

Agn179 Colquitt 2559 County Board of Education 6-4-69 For1071

Agn1265 Coweta 2784 City of Newnan

7-2-69 For113

Agn584 Crisp 3806 City of Cordele 6-18-69 For299

Agn245 DeKalb 2501 City of

Doraville 5-24-69 Tract No.1

For15

Agn130

Tract No. 2

For40

Agn103

Effingham 3964 City of Guyton 6-4-69 For128

Agn179 Fannin 2637 Tax Commissioner 11-3-70 For1399

Agn1396 Fannin 2641 Board of County Commissioners 11-3-70 For1419

Agn1376 Fulton 4098 City of

Fairburn 7-28-69 Sec. 1Vickers Rd.

For3

Agn2

Sec. 2Bohannon Rd.

For8

Agn1

Gwinnett 3960 City of Lawrenceville 5-21-69 Inside city limits:

For289

Agn127

Outside city

limits:

For22

Agn198 Gilmer 2606 City of Ellijay 6-25-69 For139

Agn288 Hall 2346 City of

Murrayville 6-11-69 For81

Agn104 Houston 3647 City of Warner Robins 6-17-69 For1512

Agn2064

Houston 3920 City of Warner Robins 10-14-69 City vote:

For2134

Agn694

County vote:

For38

Agn205 Houston 3927 City of Warner Robins Election Results Not Known Jackson 2987 City of

Jefferson 7-21-69 For88

Agn171 Laurens 2270 City of Dublin 5-28-69 For121

Agn106 Lincoln

3352 County Treasurer 11-3-70 For601

Agn742 Muscogee 3356 City of Columbus 6-25-69 For15,707

Agn7,761 Muscogee 3571 Muscogee County Charter Commission 5-27-70 City of Columbus:

For12,379

Agn2,778

Muscogee County:

For12,508

Agn2,989 Pickens 3066 County School Superintendent

7-2-69 For52

Agn885 Putnam 2670 Sheriffcompensation 6-12-69 For282

Agn409 Putnam 3126 Tax

Commissionercompensation Not Held Putnam 3130 Ordinarycompensation 6-12-69 For372

Agn328

Putnam 3594 Clerk Superior Courtcompensation 6-12-69 For283

Agn408 Putnam 3598 Board of County

Commissionerscompensation 6-12-69 For218

Agn470 Putnam 3900 Coronercompensation 6-12-69 For290

Agn403 Pulaski 3915 City of Hawkinsville 10-14-69 City of Hawkinsville:

For271

Agn82

Pulaski County:

For35

Agn162 Spalding 3687 Small Claims Court of Spalding County 7-29-69 For795

Agn447 Seminole 2590 Small Claims Court of Seminole County 6-4-69 For221

Agn175 Stewart 2264

County Board of Education 5-14-69 For91

Agn12 Telfair 3641 County Board of Education 8-26-69 For277

Agn437 Thomas 3562 Town of Meigs Not Held Tift 2674 City of Tifton 6-25-69 City Area:

For645

Agn578

Proposed Area:

For433

Agn499 Toombs 3241 City of Lyons 6-25-69 For3

Agn0 Toombs 3244 City of Lyons 6-25-69 For2

Agn34 Washington 2467 City of Sandersville Elections

Results Not Known Whitfield 2529 City of Cohutta 5-28-69 For84

Agn11 Walker 4014 City of Rossville

7-5-69 For118

Agn293

Page 2121

Georgia Laws, 1970:

County Page No. SUBJECT Date of Election Result

Baldwin

2951 County Board of Education 11-3-70 For2525

Agn1630 Banks Jackson 3000 Town of Maysville 6-10-

70 For57

Agn51 Bryan 3191 City of Richmond Hill 5-26-70 For84

Agn154 Bulloch 2790 County

Board of Education 6-10-70 For903

Agn698 Calhoun 2361 Sheriff Personnel 4-23-70 For121

Agn120

Camden 3278 Tax Commissioner 11-3-70 For648

Agn476 Carroll 2856 City of Temple Election Results

Not Known Carroll 3362 Town of Bowdon 5-20-70 For49

Agn114 Charlton 3270 County Board of

Education 5-19-70 For293

Agn307 Charlton 3274 County Commissioners 5-19-70 For272

Agn328

Chatham 2018 Town of Thunderbolt 4-14-70 For306

Agn29 Chatham 2080 City of Savannah Beach-Tybee

Island 4-6-70 For339

Agn205 Clarke 2985 County School District Tax 11-3-70 For9185

Agn3707

Coffee 2441 County Board of Education 4-30-70 For1469

Agn1409 Colquitt 2579 County Commissioners 5-

19-70 For1285

Agn773 Colquitt 2582 County Board of Education 5-19-70 For1463

Agn595 Elbert

2321 County Treasurer 11-3-70 For1589

Agn1228 Emanuel 2150 County School Superintendent 4-7-70

For383

Agn1701 Emanuel 2153 County Board of Education 4-7-70 Proposal # 11389

Proposal # 2539

Proposal # 3173 Gordon 2657 County Board of Education 9-9-70 For1798

Agn868 Habersham 3091 City

of Cornelia 5-20-70 For166

Agn42 Habersham 3094 City of Cornelia 5-20-70 For121

Agn88

Houston 2965 County Board of Education 5-12-70 For1682

Agn1073 Jackson 3407 City of Commerce

Election Results Not Known Jackson 3415 City of Commerce Election Results Not Known Lanier 2709 County

Board of Education 11-3-70 For election: 289

For Appointment: 240 Liberty 2053 City of Hinesville 3-26-

70 For520

Agn402 Meriwether 3039 City of Woodbury 5-12-70 Inside City:

For83

Agn60

Outside City:

For3

Agn32 Mitchell 2239 County Board of Education 6-16-70 For482

Agn156

Mitchell 2632 County School Superintendent 6-16-70 For287

Agn350 Monroe 3030 County Board of

Education 11-3-70 For815

Agn503 Murray 2365 City of Chatsworth 5-9-70 For133

Agn260 Peach

2647 County Board of Education 6-10-70 For544

Agn198 Pulaski 2880 Fire Protection Districts 5-19-70

For142

Agn140 Spalding 2651 City of Griffin 11-3-70 For2117

Agn1510 Stephens 2643 Board of

County Commissioners 5-5-70 For822

Agn1743 Stephens 2436 County Board of Education 5-5-70 For1136

Agn1466 Tattnall 2033 City of Glennville 3-24-70 For269

Agn123 Thomas 3369 Board of County

Commissioners 5-26-70 For920

Agn2460 Troup Harris 3476 City of West Point 5-27-70 Troup County

For11

Agn0

Harris County

For15

Agn0

City West Point

For83

Agn3

Walton 2292 City of Social Circle Election Results Not Known Wayne 2067 City of Jesup Not held Wayne

3251 Wayne County Hospital Authority 11-3-70 For807

Agn1113 Washington 3104 County Board of

Education 6-3-70 For439

Agn537

Page 2124

Georgia Laws 1971, January/February session:

County Page No. SUBJECT Date of Election Result

Berrien 3044 County Board of Education 5-19-71 For 395

Agn 219 Bibb 3926 County Board of Education

11- 2-71 * * County vote: For: 1,707 Agn: 2,369 City vote: For: 3,263 Agn. 2,961 * Ga. L. 1971, ex. sess. p.

2136 supersedes, this Act Bleckley 3995 City of Cochran 7-21-71 For 115

Agn 289 Brooks 2892 County

Board of Education 6- 9-71 For 215

Agn 526 Brooks 3278 City of Quitman 6-15-71 For 82

Agn 259

Burke 3328 City of Waynesboro 6-15-71 For 74

Agn 16 Butts 3762 County Board of Education Not Held

Clarke 2042 Consolidation of City-County Government 5-24-72 See Below * Clarke 2691 County Board of

Education Not Held Coweta 2003 City of Newnan 5-12-71 For 335

Agn 1,427 Decatur 2649 County

Board of Education 4-29-71 For 766

Agn 496 Decatur 2667 Small Claims Court of Decatur County 4-29-71

For 173

Agn 547 Gilmer 3471 County Board of Education 6-16-71 Agn 107

Agn 90 Glynn 3550

City of Brunswick 6-15-71 For 102

Agn 266 Grady 2967 County School Superintendent 7-20-71 For 625

Agn 1,049

Page 2125

Georgia Laws 1971, January/February session:

County Page No. SUBJECT Date of Election Result

Gwinnett 3613 City of Duluth 6- 7-71 For 1

Agn 35 Gwinnett 4042 City of Duluth 6- 7-71 For 1

Agn

46 Gwinnett 4047 City of Duluth 6- 7-71 For 6

Agn 73 Harris 2804 City of Shiloh Not Held Heard

2029 County Commissioner 5-19-71 For 675

Agn 713 Houston 3580 City of Warner Robins 2-29-72 For

694

Agn 734 Jones 3396 County Board of Education 5-26-71 For 656

Agn 543 Lamar 2710 County

Board of Education, etc. 5-14-71 For 999

Agn 540 Lee 3976 City of Leesburg 7- 6-71 Present City limits

For 14

Agn 72

Proposed City limits

For 1

Agn 14 Mitchell 2017 City of Pelham 4-21-71

For 408

Agn 26 Monroe 3071 County Commissioners 11- 7-72 For 540

Agn 1,319 Monroe 3381

County Commissioners 11- 7-72 For 572

Agn 1,324 Murray 2120 County Board of Education Not Held

Newton 2881 County Board of Education 6-16-71 For 285

Agn 137 Pierce 2492 Ordinary 11-7-72 For 768

Agn 540 Pierce 2496 Sheriff 11- 7-72 For 813

Agn 477 Pierce 2888 County CommissionerChrm. 11- 7-72

For 683

Agn 642 Pike 3686 City of Zebulon 6-19-71 For 52

Agn 23 Polk 3708 City of Rockmart

10- 2-71 For 586

Agn 254 Polk 3770 City of Aragon 6-2-71 For 133

Agn 85 Richmond 2123

Richmond County/City Augusta 5-25-71 Richmond County

For5,834

Agn10,779

City of Augusta

For6,415

Agn 6,481 Stephens 3118 County Board of Education, etc. 6-22-71 For1,403

Agn1,855

Telfair 3448 Board of County Commissioners 7-20-71 For 441

Agn 700 Tift 2722 County Board of

Education 6-9-71 For1,430

Agn 404 Tift 2795 County CommissionersChrm. 6-9-71 For1,663

Agn 273

Turner 2021 Personnel for Sheriff 4-27-71 For 427

Agn 915 Wayne 2678 Sheriff and Clerk Superior Court

11- 7-72 Sec. 1:

For1,324

Agn 931

Sec. 2:

For1,456

Agn 898 Wayne 2715

County Board of Education 8- 8-72 For 403

Agn 1,730 Bibb 2136 Board of Public Education 11-2-71

For10,399

Agn 4,022 DeKalb 2154 City of Doraville 12- 1-71 Agn 441

For 127 Haralson 2200

County Board of Education 1-12-72 For 284

Agn 1,043

Page 2128

Georgia Laws 1972, January/February session:

County Page No. SUBJECT Date of Election Result

Appling 2615 Small Claims Court Appling County 8-8-72 * * Inside Macon For Agn. City of Macon-Bibb 9,578

12,101 City of Macon-Jones 3 3 ----- ----- 9,581 12,104 For1,309

Agn708 Baldwin 3325 County Board of

Education 11-7-72 * For2,708

Agn2,010 Baldwin 3685 City of Milledgeville 6-28-72 Sec. 1, Area 1

For3

Agn10

Sec. 2, Area 2

For13

Agn65

Sec. 3, Area 3

For1

Agn50

Sec. 4, Area 4

For30

Agn78

Sect. 5, Area 6

For35

Agn155

Sec. 6, Area 7

For16

Agn20 Bibb 2211 City of Macon-Bibb County Government 5-17-72 * City of Macon

* *

County of Bibb For Agn. City of Macon-Bibb 9,578 12,101 Outside City Limits 597 3,395 Payne City 2 35 ----- -----

10,177 15,531 Bibb County Brantley 3141 Board of County Commissioners 8-8-72 * For1,387

Agn921

Brantley 3144 Salary increase for county officers 8-8-72 * For940

Agn1,377

Page 2129

Georgia Laws 1972, January/February session:

County Page No. SUBJECT Date of Election Result

Brantley 3145 Salary of deputy sheriffs 8-8-72 * * Ga. L. 1973, p. 2268 changed date of election. For1,262

Agn1,059 Brantley 3147 Certain county officers compensation 8-8-72 * For1,220

Agn983 Brantley 3148

Clerk Superior Court Salary 8-8-72 * For841

Agn1,396 Brantley 3710 City of Nahunta 12-5-73 Election

Results not known Camden 3138 Certain county officers salary 78-5-73 Demo.

For701

Agn1,109

Rep.

For0

Agn1 Camden 3705 Create Board of County Commissioners 8-8-72 * Demo.

For679

Agn1,070

Rep.

For1

Agn0 Camden 3714 Compensation of Tax Commissioner 8-

8-72 * Demo.

For654

Agn1,114

Rep.

For0

Agn1 Camden 3717 County Board of

Education 8-8-72 * Demo.

For683

Agn1,050

Rep.

For1

Agn0 Camden 3770

Small Claims Court of Camden County 8-8-72 * Demo.

For926

Agn801

Rep.

For1

Agn0 Chatham 3019 Savannah-Chatham County government 4-10-73 Not held * City of Savannah

Chatham County Chatham 3098 Savannah-Chatham County Board of Education 5-9-72 For20,074

Agn7,595

Chatham 3116 Savannah-Chatham County Board of Education 5-9-72 For8,296

Agn19,097 Chattooga 2043

Abolish State Court Chattooga County 8-8-72 * Demo.

For2,455

Agn2,274

Rep.

For2

Agn2 Decatur 3288 Board of County Commissioners 5-23-72 For668

Agn2,687 Dodge 2329 City of

Eastman 4-27-72 For474

Agn1,117 Dodge 3339 County Board of Education 8-8-72 * For914

Agn858 Douglas 3997 County Board of Education 5-16-72 For400

Agn620 Elbert 2479 Board of County

Commissioners 8-8-72 * For1,583

Agn3,036 Fayette 3438 Board of County Commissioners 11-7-72 *

For668

Agn3,138 Fayette 3435 Abolish office of county treasurer 11-7-72 * For1,499

Agn2,210

Floyd 3300 Abolish State Court Floyd County 11-7-72 * For6,911

Agn4,674 Forsyth 2065 Board of county

commissioners 4-19-72 For551

Agn386 Gwinnett 4058 County Board of Education 5-17-72 For989

Agn924 Habersham 2382 City of Demorest Election Results Not Known Harris 3468 Board of County

commissioners 8-8-72 * For1,410

Agn616 Heard 2113 Board of county commissioners 5-3-72 For756

Agn732 Henry 2090 State Court of Henry County 4-19-72 For570

Agn1,943 Henry 2104 Board of County

Commissioners 4-19-72 For407

Agn2,070 Houston 2399 County Board of Education 8-8-72 * For2,853

Agn6,462 Jeff Davis 2760 County Board of Education 8-8-72 * For829

Agn511 Laurens 4099 County

Board of Education 8-8-72 * For3,185

Agn1,103 Lowndes 2696 Ordinarycompensation 11-7-72 *

For3,533

Agn1,995 Lowndes 2701 Tax Commissionercompensation 11-7-72 * For3,622

Agn1,885

Lowndes 2706 Clerk Superior Courtcompensation 11-7-72 * For3,463

Agn2,254 McDuffie 2538 County

Board of Education 6-8-72 For305

Agn61 McIntosh 2849 City of Darien 6-16-72 City of Darien

For86

Agn62

Dist. No. 271

For7

Agn73

Total:

For93

Agn135

McIntosh 2852 City of Darien 11- 7-72 * Not Held Macon 2322 Board of county commissioners 4-26-72 For 608

Agn 882 Madison 2547 County Board of Education 11- 7-72 * For 1,060

Agn 1,785 Madison 2972 Appt.

of county school superintendent 11- 7-72 * For 921

Agn 2,145 Peach 3212 Appt. of county school

superintendent 5-17-72 For 688

Agn 2,648 Peach 3910 City of Fort Valley 6-14-72 For 440

Agn 1,351

Pike 3003 County Board of Education 5-16-72 For 402

Agn 142 Pulaski 3244 Board of County

Commissioners 5-23-72 For 399

Agn939 Putnam 2678 County Board of Education 8-8-72 * For1,262

Agn831 Putnam 3833 City of Eatonton 6-13-72 For118

Agn28 Spalding 2418 Griffin-Spalding County Bd.

of Education 5-30-72 For452

Agn121 Telfair 4102 County Board of Education 6-20-72 For564

Agn365 Thomas 3343 Create Board of County Commissioners 5-16-72 For1,885

Agn3,278 Tift 2908 City

of Tifton 5-3-72 For247

Agn498 Treutlen 2340 County Board of Education 5-9-72 For688

Agn233

Treutlen [Illegible Text] Board of County Commissioners 5-9-72 For715

Agn221 Walker 2647 County Board

of Education 11-7-72 * For6,373

Agn2,129 Walton 3006 City of Social Circle 5-31-72 For51

Agn49

Whitfield 4017 City of Tunnell Hill 5-16-72 For114

Agn159 Wilcox 2495 Appt. of County School

Superintendent 5-10-72 For177

Agn1,042 Wilkinson 3312 Appt. of County School Superintendent 11-7-72 *

For348

Agn901 Wilkinson 333 County Board of Education 11-7-72 * For654

Agn608

Date of

State-wide Primary Election 8-8-72. Date of General Election 11-7-72.

Page 2134

Georgia Laws 1973, January/February session:

County Page No. SUBJECT Election Date of Result

Appling 3569 County Board of Education-compensation 8-13-74 * * Date of State Wide Primary ElectionAugust 13,

1974. Yes: 791 No: 1033 + + The results of this election were certified to the Office of Secretary of State, in error,

and have appeared in Georgia Laws 1974-1977 as follows: Yes533; No45. An amended return was certified to the Office

of Secretary of State on May 3, 1978 as it now appears. Appling 3677 City of Baxley 9-29-73 Yes45

No588

Brantley 3631 City of Nahunta Election Results Not known Chatham 2268 Savannah-Chatham County government

6-12-73 Ga. L. 1973, p. 2268 changed date of the election as set out in Ga. L. 1972 p. 3019 Chatham County

For3,157

Agn6,666

City of Savannah

For12,039

Agn4,090 Chatham 3693 City Savannah

Beach 6-2-73 Yes 21

No 29 Clarke 2356 City of Athens 5-31-73 For1,818

Agn1,591 Clarke 2367

City of Athens 5-31-73 For2,430

Agn1,057 Clarke 2387 City of Athens 5-31-73 For 648

Agn 682

Clarke 2467 Clarke County Commissioners 8-14-73 Yes1,809

No1,125 Clarke 3374 Clarke County Board of

Education 8-13-74 * Not Held Cherokee 3207 County Board of Education 7-17-73 Yes 412

No 52 Cook

2300 Cook County Commissioners 5-22-73 For 758

No 735 Greene 3853 Greene County Board of Education

8-13-74 * Not Held Habersham 3809 Habersham County Board of Education 11-6-73 For1,326

Agn1,465

Lowndes 3837 City of Twin Lakes 6-20-73 Yes 37

No 191 Marion 3827 County School Superintendent 11-

5-74 ** ** Date of General ElectionNovember 5, 1974. Yes: 184 No: 331 Miller 2776 State Court of Miller

County # # This 1973 Act repealed by Georgia Laws 1974, p. 3171 11-5-74 ** See Below # Montgomery 2550

Montgomery County Board of Education 6-5-73 Yes 225

No 256 Pulaski 2573 Pulaski County Board of

Education 5-15-73 Yes 808

No 191 Stewart 3152 City of Lumpkin 6-12-73 Yes 97

No 173 Sumter

2127 Sumter County Board of Education 4-24-73 Yes 322

No 228

Page 2136

Georgia Laws 1974, January/February session:

County Page No. SUBJECT Date of Election Result

Banks 3798 Create office of Tax Commissioner 8-13-74 * * Date of General Primary 8-13-74. Yes: 1628 No: 671

Bibb 2028 Abolish Board of Water Commissioners of City of Macon 11-5-74 # # Date of General Election 11-5-74.

Not Held Bibb 3074 Macon-Bibb County Water Sewerage Authority 5-14-74 For: 2049 Agn: 198 Brooks 3088

Change in Commissioner Districts 11-5-74 # Yes: 741 No. 567 Carroll 2791 City of Carrollton 6-11-74 Yes: 215

No. 66 Chatham 2088 City of Savannah 4-16-74 Yes: 192 No. 883 Chatham 2305 City of Savannah Beach-Tybee

Island 4-1-74 Results Not Known Cherokee 2534 Board of County Commissioners 11-5-74 # Yes: 2989 No: 1995

Cobb 3516 Cobb County School District Board 11-5-74 # Yes: 18,039

No: 14,541 Fayette 2982 City of

Fayetteville 11-5-74 # Yes: 302 No: 507 Fayette 3848 Abolish office of Treasurer 11-5-74 # Yes: 1928 No: 1616

Fayette 3030 Town of Tyrone 5-23-74 Yes: 77 No: 29 Fulton 2497 City of East Point 8-13-74 * Yes: 3378 No:

2852 Heard 2347 Town of Centralhatchee re-created 6-8-74 Yes: 9 No: 2 Long 2878 Board of Education members

compensation 8-13-74 * Yes: 311 No. 303 Lowndes 2311 Town of Dasher 6-1-74 Yes: 31 No: 31 Newton 2978

City of Covington 12-4-74 Yes: 368 No: 674 Richmond 2105 1. Consolidation of City of Augusta and Richmond

County government 5-14-74 City Vote

(3 elections held on same date) Yes: 4833 No: 2928

County Vote

Yes: 5801 No: 7106 2. Election of Sheriff for Richmond City Yes: 11,431

3. Election of Board of

Public Safety of Richmond County Yes: 6,575 Stephens 2037 Choice of 5 types of government for the County 4-9-

74 Ques. 1 122 votes

Ques. 2 396 votes ** ** Effective Question is No. 2.

Ques. 3 108 votes

Ques. 4 98 votes

Ques. 5 248 votes Troup 2203 City of Hogansville 6-5-74 Inside City

Yes: 57 No: 33

Outside City

Yes: 13 No: 43 Upson 2023 County Board of Education created 4-9-74 Yes: 594 No: 111

Wilkes 3510 Appoint county school superintendent 11-5-74 # Yes: 739 No: 1274 All counties 186 The Common

Day of Rest Act 11-5-74 # Yes: 434,559 No: 363,947

***Common Day of Rest Act results tabulated infra.