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

Metadata
Text

Collection:: Georgia Government Publications
Title:: Acts and resolutions of the General Assembly of the state of Georgia, 1981, volume I
Creator:: Georgia. General Assembly
Publisher:: Atlanta, Ga. : Georgia. General Assembly
Date of Original:: 1981
Subject:: Administrative acts--Georgia
Legislation--Georgia
Law--Georgia
Location:: United States, Georgia, 32.75042, -83.50018
Medium:: legislative acts
Type:: Text
Format:: application/pdf
Description:: Acts and resolutions of the General Assembly of the State of Georgia.
External Identifiers:: Call Number GA L407 1981 V.1
Metadata URL:: https://dlg.galileo.usg.edu/id:dlg_ggpd_y-ga-bl407-b1981-bv-p1
Digital Object URL:: https://dlg.galileo.usg.edu/do:dlg_ggpd_y-ga-bl407-b1981-bv-p1
Language:: eng
Holding Institution:: University of Georgia. Map and Government Information Library
Rights:

Received
OCT 2 0 1981
documents
UGA LIBRARIES
Compiler's Note
General Acts and Resolutions of the 1981 Session are
grouped in Volume One beginning at page 1. Proposed amend-
ments 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 Vol-
ume 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 Sec-
retary of State during 1980 are printed in Volume Two begin-
ning on page 5045. Home Rule Actions by Counties filed in the
office of the Secretary of State during 1980 are printed in Vol-
ume Two beginning on page 4929.
There are no numbered pages between 2189 and 3001.
The indexes are printed in each volume and covers the mate-
rial in both volumes. The tabular index lists matters by broad
categories; the general index is a detailed, alphabetical index
by subject matter.

ACTS AND RESOLUTIONS
OF THE
GENERAL
ASSEMBLY
OF THE
STATE OF GEORGIA
1981
Compiled and Published by Authority of the State
Volume I
Of!
lW7
mi
GEORGIA LAWS 1981
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
TABLE OF CONTENTS
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 1953-1980 5297
Proclamations Re: 1980 Proposed Constitutional Amendments 5375
iii
d
Act No.
Page Act No.
Page
ACTS BY NUMBERS, PAGE REFERENCES
Act No.
Page Act No.
Page
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
3003
3
114
116
117
119
3006
3011
3013
3016
3018
3021
3023
3027
3030
3033
3038
120
121
133
139
144
147
149
168
3041
3043
3045
3047
3050
3053
3055
3058
3060
3063
178
3065
180
3077
3080
3082
3084
3087
184
380
3090
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71 .
72 .
73 .
74
75 .
76 .
77
78
79 .
80
81
82
83 .
84
85
86
87
88
89 .
90
91
92 .
3092
383
384
3095
3097
3099
3101
388
3103
389
390
407
3104
409
3106
3110
3112
3115
3117
411
413
3120
423
425
429
430
3131
3133
3135
3138
3140
3142
3144
3152
436
444
3155
3158
3159
3162
3164
3166
3169
454
459
460
IV
Act No.
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
lltf
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
Page Act No.
Page
462
469
473
477
3171
480
486
3172
487
3174
3177
3179
3181
3184
490
3186
3189
3192
3196
3197
3199
3202
3212
3221
3223
3225
494
496
497
500
504
508
510
516
517
518
3227
521
527
3231
3243
3245
528
3247
3249
3251
3254
3257
3258
3259
143
144
145 .
146
147
148
149
150
151 .
152 .
153 .
154
155 .
156
157 .
158
159
160 .
161
162
163 .
164 .
165 .
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
3261
3262
3264
3267
529
3269
3278
3279
530
531
3280
532
3281
533
534
535
536
537
3282
538
3283
3284
539
3285
540
541
3286
3287
3298
3302
542
3304
3307
544
3308
545
3309
3310
546
547
3311
3325
3327
3343
3345
3348
3351
3354
3356
3359
V
Act No.
Page
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
Page Act No.
3363 243 3597
3366 244 3626
3369 245 3630
3371 246 3632
3374 247 3635
3377 248 3638
3379 249 3643
3381 250 3645
3383 251 3656
3387 252 3658
3418 253 3661
3428 254 3663
3442 255 3666
3444 256 3668
3446 257 3673
3450 258 3675
3452 259 3677
3464 260 3689
3467 261 3691
3470 262 3694
3472 263 3696
3474 264 552
548 265 3697
3477 266 3700
3480 267 3703
3482 268 3708
3486 269 3710
3489 270 3713
3491 271 553
3501 272 3716
3535 273 3719
3537 274 3721
3538 275 3724
3544 276 3726
3546 277 3728
3549 278 3731
3551 279 3733
3553 280 3736
3558 281 3739
3569 282 3743
3574 283 3746
3575 284 3776
3577 285 3779
3580 286 3795
3581 287 3796
3583 288 3798
3586 289 3802
551 290 3814
3591 291 3816
3594 292 3818
VI
Act No.
Page
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
595
3957
3960
3962
3964
3966
3969
3972
3977
3979
3982
3984
3987
3991
3993
3995
3997
3999
4001
4004
4006
4011
4014
4016
4018
4019
4021
4024
4027
4031
4041
4046
4059
4061
4064
4067
4069
4072
4075
4077
4079
4082
4084
4086
4088
4090
4092
4094
4098
4101
Page Act
3821 343
3825 344
3828 345
3831 346
3834 347
3846 348
3848 349
3850 350
3853 351
554 352
557 353
593 354
3857 355
3859 356
3862 357
3865 358
3868 359
3870 360
3873 361
3875 362
3877 363
3881 364
3883 365
3886 366
3894 367
3897 368
3899 369
3902 370
3904 371
3907 372
3911 373
594 374
3913 375
3915 376
3918 377
3920 378
3922 379
3925 380
3927 381
3930 382
3933 383
3935 384
3937 385
3941 386
3943 387
3945 388
3948 389
3950 390
3952 391
3955 392
vii
Act No.
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
No. Page
........................ 601
.......................... 4239
......................... 4241
........................ 602
4242
.......................... 4243
.......................... 4245
.......................... 604
.............. . 4247
......................... 4251
......................... 4253
.......................... 4255
......................... 4257
.......................... 4260
......................... 4262
......................... 4264
......................... 4267
......................... 4269
......................... 4272
......................... 4274
......................... 4277
......................... 4279
......................... 4282
......................... 4284
......................... 4287
........................ 608
........................ 610
........................ 611
.......................... 615
.......................... 617
.......................... 619
........................ 621
........................ 622
.......................... 623
.......................... 624
.......................... 625
........................ 626
.......................... 633
.......................... 634
.......................... 636
.......................... 637
.......................... 638
.......................... 639
.......................... 640
.......................... 643
.......................... 644
.......................... 649
.......................... 652
......................... 4289
.......................... 654
Page Act
4104 443
4106 444
4108 445
4111 446
4113 447
4117 448
4120 449
4122 450
4124 451
4126 452
4129 453
4131 454
4135 455
4137 456
4140 457
4143 458
4157 459
4161 460
4163 461
4166 462
4168 463
4172 464
4174 465
4176 466
4178 467
4181 468
4184 469
4186 470
4189 471
4191 472
4193 473
4196 474
4198 475
4201 476
4204 477
4206 478
4210 479
597 480
4212 481
4219 482
4221 483
4223 484
4226 485
4228 486
4230 487
4232 488
4234 489
4237 490
599 491
4238 492
viii
Act No.
Page
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
Page Act No.
655 543 766
656 544 767
657 545 769
660 546 770
662 547 774
663 548 4301
667 549 775
668 550 777
672 551 778
673 552 781
676 553 782
677 554 784
681 555 785
682 556 787
683 557 789
684 558 791
685 559 792
687 560 796
688 561 798
690 562 804
692 563 805
693 564 806
694 565 808
696 566 809
698 567 812
699 568 814
700 569 817
702 570 818
703 571 819
704 572 822
705 573 823
706 574 825
4299 575 828
710 576 829
711 577 831
713 578 833
714 579 834
717 580 836
718 581 838
726 582 840
729 583 842
730 584 844
732 585 845
733 586 846
735 587 848
753 588 849
755 589 851
756 590 852
760 591 854
763 592 855
IX
Act No.
Page
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
Page Act No.
856 643 987
857 644 991
862 645 996
865 646 4331
867 647 4335
868 648 998
870 649 1003
870 650 4339
872 651 1004
874 652 1006
875 653 4342
876 654 4344
878 655 1008
880 656 1009
883 657 1010
893 658 1016
894 659 1017
895 660 1019
896 661 1020
899 662 1022
900 663 1024
915 664 1026
916 665 1027
917 666 4346
918 667 4350
920 668 4360
921 669 4362
927 670 1029
929 671 4364
931 672 4370
935 673 1034
4302 674 1036
936 675 1232
946 676 4373
947 677 1235
951 678 1238
953 679 4376
955 680 4381
959 681 1241
960 682 1244
962 683 1254
965 684 1256
973 685 4386
976 686 4393
977 687 4404
980 688 4451
983 689 4454
4304 690 4463
985 691 4470
986 692 4502
X
Act No.
Page
693
694
695
696
697
698
699
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718
719
720
721
722
723
724
725
726
727
728
729
730
731
732
733
734
735
736
737
738
739
740
741
742
Page Act No.
1258 743 1334
4531 744 1336
1265 745 1354
4535 746 4885
4545 747 1366
4576 748 1377
4587 749 1378
1266 750 1380
4591 751 1383
4594 752 1385
4597 753 1386
4609 754 1390
4645 755 1392
4670 756 1393
4688 757 1394
4697 758 1396
4713 759 1417
4719 760 1419
4722 761 1420
4734 762 1421
4743 763 1422
1267 764 1425
4750 765 1429
4756 766 1430
4759 767 1433
4763 768 1434
4794 769 1436
4807 770 1439
4810 771 1441
4815 772 1445
4821 773 1447
4829 774 1450
4831 775 1456
4843 776 1457
4846 777 1549
4860 778 1550
4870 779 1552
4872 780 1554
4875 781 1565
1269 782 1566
1306 783 1570
1311 784 1576
1315 785 1578
1318 786 4914
1320 787 1581
1325 788 1583
1327 789 1585
1329 790 1587
1330 791 1703
1331 792 1716
XI
Act No.
Page
Page Act No.
793 1718 811 ..........
794 ...................... 1728 812 ..........
795 1739 813 ..........
796 1740 814 ..........
797 ....................... 1741 815 ..........
798 ....................... 1744 816 ..........
799 ...................... 1758 817 ..........
800 1759 818 ..........
801 1779 819 ..........
802 ...................... 1789 820 ..........
803 ...................... 1795 821 ..........
804 ....................... 1797 822 ..........
805 1798 823 ..........
806 1801 824 ..........
807 1802 825 ..........
808 ....................... 1803 826 ..........
809 ...................... 1808 827 ..........
810 ....................... 1809
RESOLUTIONS BY NUMBER
Res. No. Page Res. No.
1 ........................ 2A 28.............
2 ....................... 134 29 .........
3 ....................... 136 30 .........
4 ....................... 137 31 .........
5 ....................... 421 32 .........
6 ...................... 1458 33 .........
7 ....................... 4890 34 .........
8 ....................... 1461 35 .........
9 1469 36 .........
10 ....................... 1470 37 ...........
11 ........................ 1472 38 ...........
12 ....................... 1474 39 ...........
13 ........................ 1477 40 ...........
14 ....................... 1480 41 ...........
15 ........................ 1481 42 ...........
16 ........................ 1483 43 ...........
17 ....................... 1485 44 ...........
18 1487 45 ...........
19 ....................... 1489 46 ...........
20 ........................ 1491 47 ...........
21 ........................ 1492 48 ...........
22 ....................... 1495 49 ...........
23 ....................... 1496 50 ...........
24 ....................... 1498 51 ...........
25 ........................ 4891 52 ...........
26 4892 53 ...........
27 ........................ 4893 54 ...........
1814
1815
1826
1828
1853
1856
1857
1887
1888
1889
1892
1894
1898
1903
4918
1906
4922
Page
1499
1502
1504
1508
1510
1512
4894
1515
1517
4895
1521
4896
4897
4899
4900
1525
1528
4901
1529
1532
4903
1533
1534
4904
1536
4905
4906
XU
Res. No.
Page
Res. No.
Page
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
House Bill
Act No. House Bill
Act No.
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
xiii
151
152
161
162
163
164
167
169
179
181
182
184
185
186
187
188
189
195
196
197
198
199
200
201
202
203
204
205
206
207
208
210
211
213
215
216
217
219
220
221
227
229
230
231
235
237
241
247
Act No. House Bill Act No.
490 249 ....................... 815
221 250 .................... 820
... 7 253 511
.125 254 512
.791 257 772
. . 44 260 227
... 674 261 216
491 263 513
.791 265 10
.492 266 97
. 96 267 215
... 493 269 68
. . 90 270 58
494 271 675
495 272 ....................... Veto 12
. 496 273 676
. 222 274 514
736 275 515
223 276 516
. 22 277 517
. 23 278 773
. . . 792 279 518
8 280 519
497 281 520
819 283 821
. . . 57 286 822
. . . 67 287 739
.498 292 677
9 293 214
.499 294 213
.500 295 212
737 299 521
126 301 11
131 302 12
781 303 228
. 501 306 522
. 224 309 303
.225 310 229
.502 314 740
. 503 317 678
.738 319 523
504 323 524
.505 324 98
.226 330 525
. 506 331 679
507 332 230
. 508 333 680
. 771 338 232
509 339 66
.510 343 526
xiv
351
359
360
362
369
372
374
377
378
383
385
395
396
397
402
403
405
406
410
411
413
414
415
416
420
421
422
423
424
426
427
428
429
431
432
433
439
441
446
447
448
449
450
452
453
457
Act No. House Bill
Act No.
741 459 546
36 461 246
233 462 247
.236 465 13
237 466 14
.527 467 15
.528 468 248
. 529 469 547
. 235 470 249
.530 472 250
. 234 473 231
Veto 7 474 548
. 531 475 549
. 532 476 550
. 239 478 551
. . 99 479 59
. . 91 481 552
. 533 483 101
127 486 553
.534 488 554
.793 489 555
. 794 490 556
. 795 491 73
.796 492 74
.797 493 16
.535 494 17
. 536 495 251
. 537 496 557
. 681 497 252
. 682 498 253
. 782 499 254
. 538 500 255
. 539 502 742
. . 69 508 256
. 540 509 257
. 541 510 258
542 511 259
. 238 515 558
Veto 8 517 260
. 543 518 261
. 240 519 262
. 241 520 46
.544 521 684
.242 523 263
. 243 525 559
. 244 527 264
.100 528 60
. 245 531 560
. 545 536 685
. 683 537 92
xv
I
543
544
545
546
549
551
552
554
556
562
564
566
567
568
569
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579
581
582
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592
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598
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601
602
604
606
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613
617
618
619
620
621
624
631
No.
570
40
to 9
282
571
744
824
572
688
283
75
107
76
77
78
284
285
286
689
287
288
289
290
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292
293
294
295
296
573
108
690
574
297
298
299
691
692
41
42
43
300
301
302
62
79
80
63
109
House Bill
Act No.
61 633
265 635
561 639
266 642
. . . 267 643
... 798 651
... 562 653
563 656
564 658
268 659
799 661
785 662
269 663
... 270 664
28 665
... 29 667
30 668
.31 669
800 670
823 671
. . 565 673
. 271 675
... 272 676
686 679
. 566 680
273 681
... 274 682
... 275 683
. 567 684
. . 276 685
... 277 687
.278 688
279 693
568 699
... 102 700
103 701
104 702
. 105 703
.106 704
569 705
280 706
. 47 707
. . 687 709
32 710
33 711
... 743 712
34 713
35 714
. 39 715
281 716
ivi
721
725
726
727
729
730
734
736
738
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741
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745
746
749
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764
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766
771
772
775
776
777
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785
786
787
788
790
791
792
793
794
798
House Bill
Act No.
Act No.
745 799 332
304 800 333
37 801 334
305 804 335
306 805 336
307 806 337
308 808 338
693 809 339
801 810 699
309 811 340
576 812 700
577 815 701
578 816 82
579 818 341
93 820 342
580 821 Ill
310 822 747
110 825 343
81 827 344
313 828 345
314 829 346
311 830 347
312 831 348
315 832 826
316 834 582
581 835 349
317 836 702
318 837 350
319 838 112
320 839 351
321 840 353
694 841 352
322 850 83
323 851 583
695 852 584
746 859 354
324 860 355
325 861 356
64 862 357
696 863 358
326 864 359
327 865 360
697 866 361
698 867 362
328 868 363
329 869 364
65 872 365
825 873 366
330 874 367
331 875 113
xvn
House Bill
Act No. House Bill
Act No.
877
878
882
885
886
887
889
893
894
895
897
900
903
909
910
912
915
916
917
918
919
921
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926
929
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933
934
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964
703
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368
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585
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827
378
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84
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965
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1001 .
1002
1003
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1010
1011
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1013 .
1014
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1017
1018
1019
1020
1021
1022
1023
1024
1025
1026
1029
1031
1032
1033
1035
399
400
401
402
... 403
404
405
. . 406
407
715
408
409
.... 410
411
412
413
414
. 415
.589
... 416
... 716
417
418
85
86
... 87
88
. 89
. 419
420
421
. .. 717
114
... 423
. . 422
424
786
. 425
427
Veto 10
... 426
. 428
718
. 429
. . 430
. . . . 719
. 431
432
720
721
xviii
1036
1037
1038
1039
1040
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1046
1053
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Sena
1
590
591
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48
748
592
70
71
3
593
594
774
115
132
19
595
596
749
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49
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to 1
601
602
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777
to 2
778
802
606
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133
805
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752
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808
Act No. Senate Bill
. 722 2
. 433 3
.723 9
. 434 11
435 12
436 13
. 437 14
724 15
438 17
725 18
... 439 21
... 726 23
.. 440 26
. 441 27
... 443 29
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444 31
445 32
Veto 11 33
... 446 35
... 447 36
. . 448 39
... 727 40
... 728 41
... 449 42
450 43
.. 729 44
... 451 45
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.. 452 51
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.. 455 61
.. 456 69
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.. 731 71
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.461 84
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99
Act No. 100
101
... 783 102
xix
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Act No. Senate Bill
Act No.
611 218..........................117
816 220 633
809 222 634
.753 223 635
612 225 636
613 229 637
134 231 147
. 614 232 118
615 234 638
.135 237 639
. . 50 238 758
. . 51 240 811
. . 52 241 148
. 136 242 20
. 754 245 812
. 616 246 640
. 617 249 25
. 618 252 641
.137 257 759
.810 258 149
. 619 259 150
.138 260 151
620 261 152
621 264 153
622 265 154
Veto 3 266 155
623 267 156
124 268 157
139 269 158
. 624 270 159
. 625 271 160
. . 755 272 161
626 273 162
.140 274 163
141 275 164
142 276 165
. 627 277 166
. 628 278 167
. 629 279 168
. 630 280 169
.143 288 813
. 631 289 760
.632 290 761
144 292 119
116 295 120
145 298 814
756 300 170
146 301 762
. 757 302 171
. . 128 303 172
xx
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Act No. Senate Bill
Act No.
. . 173
. 642
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.. 763
. . 174
. . 121
. 644
. . 776
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. 645
646
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Veto 4
. 26
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436
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House Resolution
13.............
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60 ............
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64.............
657
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Res. Act No.
......25
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House Resolution
House Resolution
Res. Act No.
Res. Act No.
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
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170...........................71 CA
192...........................52
206...........................72 CA
210 ..........................73 CA
213 ........................74 CA
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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
Senate Resolution Res. Act No.
7.......................... 6
20............................ 7
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60............................10
61............................81
63............................11
66............................12
76............................13
80............................14
85 .........................15
86 .............................67 CA
95............................16
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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
1

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 succes-
sors 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.,
2-B
GENERAL ACTS AND RESOLUTIONS, VOL. I
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, con-
veyor 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 particu-
larly 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 Com-
mission 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.
GEORGIA LAWS 1981 SESSION
2-C
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 hereinbe-
fore 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 applica-
tion 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
2-D
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
Compilers Note: TheplacementofResolutionNo. 1 (House Reso-
lution 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 Commissions work.
GEORGIA LAWS 1981 SESSION
3
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 classifica-
tions 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).
4
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 commis-
sioners 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
GEORGIA LAWS 1981 SESSION
5
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 municipali-
ties 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 fifty-
four thousand (54,000) nor more than eighty thousand (80,000)
6
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 steno-
graphic 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
GEORGIA LAWS 1981 SESSION
7
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).
8
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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, regu-
late, 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
GEORGIA LAWS 1981 SESSION
9
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 Reve-
nues 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
10
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 munici-
palities 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).
GEORGIA LAWS 1981 SESSION
11
(53) An Act to regulate the publication of all legal advertise-
ments 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 reestab-
lishing 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, subdivi-
sions, 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
12
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
13
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,
14
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 barber-
ing in certain cities within the State of Georgia, approved August 17,
GEORGIA LAWS 1981 SESSION
15
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 popula-
tion 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
16
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 days
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).
GEORGIA LAWS 1981 SESSION
17
(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 govern-
ment 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 sheriffs 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 Commis-
sioners 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).
18
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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. Ill), 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).
GEORGIA LAWS 1981 SESSION
19
(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 high-
ways 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 popula-
tion 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 compen-
sation 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).
20
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 subse-
quent census shall furnish aid and relief and pensions to employees
not elected by the people and to future employees and their depen-
dents, 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).
GEORGIA LAWS 1981 SESSION
21
(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 commis-
sioners 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 popula-
tion 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 proce-
dures for changes in official organs in all counties having therein cities
having a population between 38,000 and 52,900 according to the
22
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 misdemean-
ors, 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 inhabi-
tants, 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).
GEORGIA LAWS 1981 SESSION
23
(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 days
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 depart-
ments 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
24
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 opera-
tion 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, accord-
ing to the United States census of 1930, or any future census, the
GEORGIA LAWS 1981 SESSION
25
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 proba-
tion 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).
26
GENERAL ACTS AND RESOLUTIONS, VOL. I
(160) An Act to authorize and empower the board of commis-
sioners 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 compen-
sation of special criminal bailiffs of the solicitors-general and solici-
tors 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 coroners 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).
GEORGIA LAWS 1981 SESSION
27
(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
ballot-boxes 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).
28
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 popula-
tion 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 indebt-
edness of the Highway Department, approved March 18, 1937 (Ga.
Laws 1937, p. 909).
GEORGIA LAWS 1981 SESSION
29
(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 30,622 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 Reve-
nues 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 Reve-
nues 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
30
GENERAL ACTS AND RESOLUTIONS, VOL. I
adopt and enforce zoning ordinances therein, the opening or exten-
sion 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 county 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, accord-
ing to the United States Census of 1930, for entering testimony,
approved February 12,1938 (Ga. Laws 1937-38, p. 325).
GEORGIA LAWS 1981 SESSION
31
(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).
32
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 inhabi-
tants 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 appropria-
GEORGIA LAWS 1981 SESSION
33
tion 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 par-
tially 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 perfor-
mance 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 equip-
ment 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 compen-
sation 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).
34
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 Commis-
sioners 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 municipali-
ties 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).
GEORGIA LAWS 1981 SESSION
35
(217) An Act to provide the manner in which Justices of the Peace
and Notaries Public Ex-Officio Justices of the Peace shall be compen-
sated 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
36
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 muni-
cipalities, 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 county 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
GEORGIA LAWS 1981 SESSION
37
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) inha-
bitants, 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 limita-
tions, 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).
38
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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, recrea-
tions, and entertainments during certain hours on the Lords 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).
GEORGIA LAWS 1981 SESSION
39
(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 inhabi-
tants, 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 Sheriffs 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).
40
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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
Coroners 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 pro-
ceedings 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 disburse-
ment of funds received from fines and forfeitures in criminal matters
GEORGIA LAWS 1981 SESSION
41
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, accord-
ing 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).
42
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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
GEORGIA LAWS 1981 SESSION
43
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 distribu-
tion 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
44
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
45
census of 1940, or any subsequent census, to acquire real estate by
purchase or condemnation for certain purposes; and for other pur-
poses, 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 territo-
ries upon the application of all the landowners thereof, but prohibit-
ing 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 Com-
missioners of Roads and Revenues or other authorities having control
of the expenditure of County funds in all counties of the State of
46
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Febru-
ary 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
GEORGIA LAWS 1981 SESSION
47
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 accord-
ing 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 popula-
tion 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).
48
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 employ-
ees 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 qualifica-
tion 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 compen-
sation 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 Reve-
nues 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,
GEORGIA LAWS 1981 SESSION
49
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).
50
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 popula-
tion 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 Reve-
nues, 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).
GEORGIA LAWS 1981 SESSION
51
(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 resigna-
tion, 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).
52
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 identify-
ing 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).
GEORGIA LAWS 1981 SESSION
53
(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 com-
pany 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 coroners fees and payment for jurors
in Coroners 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
54
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
55
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 coroners 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).
56
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 Reve-
nues, 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 sum-
moned 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).
GEORGIA LAWS 1981 SESSION
57
(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 coroners fees and the payment of
jurors in coroners 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
58
GENERAL ACTS AND RESOLUTIONS, VOL. I
$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 authori-
ties 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).
GEORGIA LAWS 1981 SESSION
59
(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, accord-
ing 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.-Dee. 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 days
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, accord-
ing 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.-Dee., 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).
GEORGIA LAWS 1981 SESSION
61
(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 com-
missioners 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, accord-
ing 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 electric-
ians 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 popula-
tion 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 coun-
ties 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
GEORGIA LAWS 1981 SESSION
63
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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 adver-
tisements 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, accord-
ing 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 forfei-
tures 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
GEORGIA LAWS 1981 SESSION
65
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 coroners 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, relat-
ing 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.-Dee. 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
66
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 coroners 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 accord-
ing 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).
GEORGIA LAWS 1981 SESSION
67
(428) An Act to add an additional procedure for condemnation of
property which shall be applicable to all municipalities and/or coun-
ties 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 construc-
tion and the construction of roads in municipalities having popula-
tions 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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.-
Dee. 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 compre-
hensive 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, relat-
ing to the definition of Employer and Employee for the purposes
of workmens 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
GEORGIA LAWS 1981 SESSION
69
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, accord-
ing 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 compensa-
tion payable to members of county boards of education shall not
exceed $7.50 per diem for each days actual service, approved Febru-
ary 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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.-Dee. 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, accord-
ing 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).
GEORGIA LAWS 1981 SESSION
71
(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.-Dee. 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 limita-
tion of generality, including micro equipment, in recording, in copy-
ing 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 days 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,
GEORGIA LAWS 1981 SESSION
73
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
74
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
75
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.-Dee. 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 popula-
tion 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
76
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 main-
tain 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 pur-
chasing 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).
GEORGIA LAWS 1981 SESSION
77
(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 coun-
ties 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.-Dee. 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 subsis-
tence, 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.-
Dee. Sess., p. 3195).
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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.-Dee. 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 sum-
moned 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 popula-
tion 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).
GEORGIA LAWS 1981 SESSION
79
(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 instru-
ments, 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(511) An Act adding an assistant-solicitor-general (district attor-
ney) 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.
GEORGIA LAWS 1981 SESSION
81
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 Redevelop-
ment 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 com-
monly 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 one-third 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, accord-
ing 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).
GEORGIA LAWS 1981 SESSION
83
(532) An Act to authorize counties whose population is deter-
mined 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 depos-
its 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 subdivi-
sions of the state to procure liability insurance for governmental
84
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Hous-
ing 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 perfor-
mance 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 elec-
tion 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).
GEORGIA LAWS 1981 SESSION
85
(547) An Act to amend an Act known as the Urban Redevelop-
ment 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 pro-
vides 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 accord-
ing 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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
GEORGIA LAWS 1981 SESSION
87
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 perfor-
mance 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.-Dee. 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 accord-
88
GENERAL ACTS AND RESOLUTIONS, VOL. I
ing 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 compensa-
tion 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).
GEORGIA LAWS 1981 SESSION
89
(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
90
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Redevelop-
ment Law, approved March 3, 1955 (Ga. Laws 1955, p. 354), as
amended, so as to provide that in certain counties the term munici-
pality 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
GEORGIA LAWS 1981 SESSION
91
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 municipali-
ties 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, accord-
ing 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 ordinarys 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).
GEORGIA LAWS 1981 SESSION
93
(603) An Act to fix the fees of the superior court clerk for
recording certain instruments in certain counties, 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 Redevelop-
ment Law, approved March 3, 1955 (Ga. Laws 1955, p. 354), as
94
GENERAL ACTS AND RESOLUTIONS, VOL. I
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).
GEORGIA LAWS 1981 SESSION
95
(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 stenog-
rapher-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 trans-
ferral 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 inhabi-
tants, approved March 4,1966 (Ga. Laws 1966, p. 164), as amended by
GEORGIA LAWS 1981 SESSION
97
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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 perma-
nent 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
GEORGIA LAWS 1981 SESSION
99
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 commis-
sioners 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 neces-
sary traveling expenses incurred when on county business, approved
April 28,1969 (Ga. Laws 1969, p. 3913).
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(646) An Act to require the chairman of the boards of commis-
sioners 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 municipali-
ties 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 Redevelop-
ment Law, approved March 3, 1955 (Ga. Laws 1955, p. 722), as
amended, so as to provide that in certain counties the term munici-
pality 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).
GEORGIA LAWS 1981 SESSION
101
(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
sheriffs 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 municipal-
ity, 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 popu-
lation 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).
GEORGIA LAWS 1981 SESSION
103
(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 commis-
sioners 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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).
GEORGIA LAWS 1981 SESSION
105
(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, accord-
ing 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 subdi-
visions 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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, pursu-
ant 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 coun-
ties, 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).
GEORGIA LAWS 1981 SESSION
107
(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 connec-
tion 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. Sess., 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 connec-
tion with the holding of inquests in counties having a population of
GEORGIA LAWS 1981 SESSION
109
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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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.-Dee.
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 coun-
ties 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).
GEORGIA LAWS 1981 SESSION
111
(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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(723) An Act to fix the compensation of the probate judges in
certain counties, and to provide for the employment and compensa-
tion of personnel within such probate judges 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 Decen-
nial 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 muni-
cipality located wholly within certain counties may not rezone or
otherwise change zoning status of land which it has heretofore
GEORGIA LAWS 1981 SESSION
113
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 author-
ities in each county of this State having a population of not less than
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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 WORKERS 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 Systems rules and regulations to members and other
GEORGIA LAWS 1981 SESSION
115
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 Systems 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Publi-
cation 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 pro-
posed 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.
GEORGIA LAWS 1981 SESSION
117
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 91 A-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 amend-
ment 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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. Deter-
mination 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 author-
ity 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.
GEORGIA LAWS 1981 SESSION
119
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, municipal-
ity, or other political subdivision to defer an employees compensa-
tion, 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, munici-
pality, or other political subdivision to defer an employees compen-
sation, 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved 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 pro-
vide 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 immedi-
ately following Section 16 to read as follows:
Section 16A. The State Personnel Board is authorized to con-
tract with the Georgia Cooperative Services for the Blind, Inc., a
GEORGIA LAWS 1981 SESSION
121
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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 circum-
stances; 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 inter-
vention; 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 ade-
quate 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 reli-
able 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.
GEORGIA LAWS 1981 SESSION
123
Section 2. Code Title 93, relating to the Public Service Commis-
sion, 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 Com-
mission.
(2) Electric utility means any retail supplier of electricity
whose rates are fixed by the Commission.
(3) Person means any individual, partnership, trust, pri-
vate or public corporation, municipality, county, political subdivi-
sion, public authority, cooperative, association, or public or pri-
vate 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 commissions preparation of
rate cases.
(3) Schedule and coordinate all in-house, reactive, regular,
and engineering audits.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Direct all utility personnel and preparation of that
section of the Commissions 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 informa-
tion 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 Commissions 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.
GEORGIA LAWS 1981 SESSION
125
(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 staffs 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 compensa-
tion 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 appropria-
tions 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 Com-
mission determination of the rates of an electric utility.
(5) When it will not interfere with the sections partici-
pation 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.
GEORGIA LAWS 1981 SESSION
127
(2) The section shall be deemed a party to any proceeding to
consider rates in which it participates, except that it lacks stand-
ing 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 Sec-
tions 93-307.3 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 sepa-
rately to reflect estimated operations during the 12 months following
the utilitys 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 construc-
tion 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
the rate base. In the event an electric utility transfers partial or
total ownership of any electric plant after the same has com-
menced commercial operation, the rate payers contribution to the
cost of construction shall be reduced in proportion to the remain-
ing 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 utilitys 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 utilitys contributions to the cost of construction from
the gross proceeds of the transfer.
93-307.4. Utility rate making; tax accounting. For purposes of
determining a utilitys 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 utilitys 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 princi-
ples 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 experi-
ence 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:
GEORGIA LAWS 1981 SESSION
129
(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 partys 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 Commis-
sion 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 applica-
tion 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 inter-
vention, and shall set forth with particularity the facts pertaining to
his interest and the grounds upon which his application for inter-
vention 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
persons 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.
GEORGIA LAWS 1981 SESSION
131
(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 proceed-
ing.
(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 Com-
mission. 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 pro-
hibit 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 auditors list, either party may
petition the Superior Court of Fulton County to select within 30 days
of filing such an auditors 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 utilitys
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
departments 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 other-
wise. All gas and electric utilities shall cooperate fully with the
department in developing and implementing its program. Nothing in
this section shall limit the Commissions authority to order regulatory
alternatives which assist low or fixed income ratepayers.
GEORGIA LAWS 1981 SESSION
133
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:
134
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
135
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 effi-
ciency 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 proce-
dures 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 Congres-
sional Delegation.
Approved February 27,1981.
136
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 dis-
tinct 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 govern-
ments 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 perfor-
mance 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
GEORGIA LAWS 1981 SESSION
137
the Congress of the United States, or at such other time as may be
mutually agreed upon, Georgias 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 convoca-
tion 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 Constitu-
tion 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 secu-
ring amendments to the Constitution; and
WHEREAS, one of these two constitutionally mandated methods,
that of convening a constitutional convention, has never been
utilized; and
138
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, this disuse is primarily attributable to reluctance
caused by the absence of established procedures whereby a constitu-
tional convention is to be applied for, called, convened, and con-
cluded; 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 constitu-
tional conventions.
BE IT FURTHER RESOLVED that this constitutional amend-
ment should:
(1) Stipulate uniform procedures whereby states can adopt reso-
lutions 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 Congresss 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 con-
vention from the states, according to population, for filling vacancies
and for the appointment of voters at the convention;
GEORGIA LAWS 1981 SESSION
139
(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 Congres-
sional 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
140
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 impor-
tance 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 reason-
able cost to the consumer while maintaining the ability of public
utilities to furnish their products and services. It is further recog-
nized that the Georgia Public Service Commission has been estab-
lished for the purpose of regulating public utilities and the rates
which they charge the consumer and that the Commission is responsi-
ble for representing the public interest. The General Assembly is
aware, however, that the Public Service Commission must be fur-
nished 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 Georgias 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 Consum-
ers Utility Counsel which shall be attached for administrative pur-
poses only, as that term is defined in Section 3 of the Executive
GEORGIA LAWS 1981 SESSION
141
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 Coun-
sel 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 addi-
tion 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 unlaw-
ful 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, corpora-
tions, 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 employ-
ment, 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 jurisdic-
tion over utilities.
142
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) The Consumers Utility Counsel may also appear in the same
representative capacity in similar administrative proceedings affect-
ing 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, correspon-
dence, 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 affirma-
tively 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 appli-
cable 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.
GEORGIA LAWS 1981 SESSION
143
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, accoun-
tants, 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 administra-
tive 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.
144
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 subsec-
tion (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.
GEORGIA LAWS 1981 SESSION
145
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
(2) Nonresident hunting license
(3) Nonresident hunting license
(4) Archery license
(5) Resident big game license
(6) Nonresident big game license
(7) Nonresident shooting
preserve hunting license
Season
Season
10-day
Season
Season
Season
$ 6.50
36.00
21.00
4.50
5.50
36.00
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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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
(2) Nonresident fishing license
(3) Nonresident fishing license
(4) Resident trout stamp
(5) Nonresident trout stamp
(6) Nonresident trout stamp
Season
Season
5-day
Season
Season
5-day
$ 5.50
12.50
5.50
3.50
10.50
3.50
Section 7. In the event any section, subsection, sentence, clause
or phrase of this Act shall be declared or adjudged invalid or unconsti-
tutional, 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 uncon-
stitutional 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.
GEORGIA LAWS 1981 SESSION
147
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 number-
ing 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 LOO
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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 owners 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 owners 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 unconsti-
tutional, 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 uncon-
stitutional 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.
GEORGIA LAWS 1981 SESSION
149
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 manage-
ment; 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 hear-
ings; 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 nurs-
ing 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) Long-term care facility or facility means any inter-
mediate care home, skilled nursing home, or intermingled home
now or hereafter subject to regulation and licensure by the depart-
ment.
(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 residents legal guardian or conser-
vator, 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.
GEORGIA LAWS 1981 SESSION
151
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 residents need for self-determina-
tion. 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 28-19A, to resolve complaints related to
residents 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 quar-
terly 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 acknowledg-
ment of the receipt of such explanation by the resident, his guardian,
or representative shall be made a part of the residents file. In
addition, each facility shall post written notices in conspicuous loca-
tions 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
readable by residents and shall describe residents rights, the griev-
ance procedure, and enforcement provisions provided by this chapter.
88-1907B. Rights of citizenship. Each resident shall be encour-
aged 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 reason-
ably assist residents to obtain voter registration forms, applica-
tions 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 residents 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 admis-
sion, each resident shall be permitted to use tobacco and to consume
alcoholic beverages subject to the facilitys 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 residents
GEORGIA LAWS 1981 SESSION
153
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 discrim-
ination by the facility through its refusing admission or continued
residency on the basis of the residents or applicants 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 residents room or the
residents portion of the room. The staff may not enter a resi-
dents 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 residents care
plan.
(2) The right to a private room and a personal sitter if the
resident pays the difference between the facilitys charge for such
a room and/or sitter and the amount reimbursed through Medi-
care or Medicaid.
(3) The right to private visits with the residents 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 residents 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
that telephones are accessible for confidential and private com-
munications, 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, tele-
phone calls, or visitation by anyone.
(6) The right to respect and privacy in his medical, personal,
and bodily care program. Each residents case discussion, consul-
tation, examination, treatment, and care shall be confidential and
shall be conducted in privacy. Those persons not directly involved
in the residents care must have the residents permission to be
present.
(7) The right to receive confidential treatment of residents
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 residents transfer to
another health care facility or during Medicare, Medicaid, licen-
sure, medical care foundation, or peer review survey, or as other-
wise 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 residents 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 residents financial
affairs, either wholly or partially, subject to the following conditions:
(1) Such authorization must be in writing and maintained
in the residents files.
(2) Residents funds shall be expended by the facility only
with prior written consent or upon the immediate request of the
resident or guardian.
GEORGIA LAWS 1981 SESSION
155
(3) The resident, his guardian, or representative shall be
given any portion or all of the residents funds upon the request of
the resident or guardian.
(4) A current written record of all financial arrangements
and transactions involving the residents funds shall be main-
tained 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 corpora-
tions 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 facilitys 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 facilitys basic daily or monthly rate.
(3) A statement disclosing the facilitys name and business
address and the name and business address of the administrator of
the facility. Upon request an applicant or resident shall be fur-
nished 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 proce-
dures shall be permitted during ordinary business hours.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Upon a residents 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 residents 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 ade-
quate and appropriate. Care, treatment, and services shall be pro-
vided 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 residents personal dignity and
privacy.
(5) With the goal of the residents 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:
GEORGIA LAWS 1981 SESSION
157
(1) To choose the residents physician. The physician so
chosen shall inform the resident in advance whether or not the
physicians fees can be paid from public or private benefits to
which the resident is entitled and shall provide such documenta-
tion as may be required by law or regulation.
(2) To participate in the overall planning of the residents
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 residents medical records, and the residents
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 residents medical
records by the residents 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 tele-
phone number of the residents physician.
(5) To have any significant change in the residents health
status reported to persons of his choice by the facility within a
reasonable time.
(6) To obtain from the residents physician or the physician
attached to the facility a complete and current explanation con-
cerning the residents 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 pharma-
ceuticals 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 persons choice of pharmacy, pharmacist,
or both. Subject to the residents 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 restrict-
ion. 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 immedi-
ate 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 reason-
able 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,
GEORGIA LAWS 1981 SESSION
159
except by reorder of the attending physician after personal exami-
nation 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 autho-
rization 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 residents 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 resi-
dent will threaten the health or safety of the resident or others and
documents that determination in the residents 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
not reasonably expected to endanger the resident to a greater
extent than remaining in the facility and documents that determi-
nation in the residents 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 residents care.
(3) Nonpayment of allowable fees has occurred. The con-
version of a resident from private pay status to Medicaid eligibil-
ity 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 residents 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 repre-
sentative regarding available community resources and informing the
appropriate state or social service organization.
(d) The facility must notify the resident, guardian or representa-
tive, 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;
GEORGIA LAWS 1981 SESSION
161
(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 availa-
bility 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 residents 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 residents records. Upon such discharge and, if
required, notice to the department, the facility is relieved from any
further responsibility for the residents care, safety, or well-being.
(h) Whenever allowed by the residents 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
residents home or other living situation less restrictive than the
facility. Upon the request of the resident, guardian, or representa-
tive, the facility shall provide him with information regarding avail-
able 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
living placement, provided that the resident has continued to pay the
facility or third-party payment is provided for the period of the
residents 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 88-1908B(b), 88-
1908B(c), 88-1914B(b)(6), and 88-1908B(d) may be suspended as a
result of medical contraindication determined by the residents phy-
sician 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 residents 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 residents 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.
GEORGIA LAWS 1981 SESSION
163
(c) Each resident shall be permitted to voice complaints and
recommend changes in policies, procedures, and services to the
administrator, his designee, or the residents 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)(l), 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 residents family, guardian, or representa-
tive shall not be coerced by any means into giving contributions.
When free will contributions are made by the resident or residents
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 residents representatives and representa-
tives 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 residents 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 residents 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.
164
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 represen-
tative 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
complainants 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 referees 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.
GEORGIA LAWS 1981 SESSION
165
(f) The facility shall maintain a central file of documents per-
taining to grievances, such file to be confidential except that any
resident, guardian, or representative may review any document per-
taining 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 attorney-client 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 proceed-
ing 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), 88-1907B(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 residents request, or as necessary due to the residents medical
condition. Where residents of a facility allege a common complaint,
the department may at residents request schedule a single hearing. If
166
GENERAL ACTS AND RESOLUTIONS, VOL. I
the department finds no violations of this chapter, the resident and
facility will be so informed. If a violation has occurred, the depart-
ment shall order the facility to correct such violation; and upon
failure to correct such violation within a reasonable time, the depart-
ment 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 prohib-
ited 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 viola-
tions;
GEORGIA LAWS 1981 SESSION
167
(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 misde-
meanor 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 unconsti-
tutional, 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 uncon-
stitutional 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.
168
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Bal-
dwin, 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 .
(2) Greene County . .
(3) Hancock County .
(4) Jasper County . ..
(5) Jones County
(6) Morgan County ..
(7) Putnam County ..
(8) Wilkinson County
$ 150.00 per month
100.00 per month
100.00 per month
100.00 per month
150.00 per month
100.00 per month
150.00 per month
100.00 per month
GEORGIA LAWS 1981 SESSION
169
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
170
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Union-Recorder, 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 advertise-
ment as follows: January 9,16, 23,1981.
GEORGIA LAWS 1981 SESSION
171
/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 Herald-Journal a newspaper in which the Sheriffs
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.
172
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
173
/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
174
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
175
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
176
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
177
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.
178
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Georgia, 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 supple-
ments 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.
GEORGIA LAWS 1981 SESSION
179
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 supplemen-
tary 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 newspa-
per 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
180
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Sub-
stances 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 Sub-
stances Act, as amended, particularly by an Act approved March 31,
1980 (Ga. Laws 1980, p. 1288), is hereby amended by adding immedi-
GEORGIA LAWS 1981 SESSION
181
ately 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 distri-
bute any object or materials of any kind which aforesaid person or
corporation intends to be used for the purpose of planting, propagat-
ing, 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, con-
taining, concealing, injecting, ingesting, inhaling, or otherwise intro-
ducing 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;
182
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Descriptive materials accompanying the object or mate-
rials;
(4) National and local advertising or promotional materials
concerning the object or materials;
(5) The appearance of, and any writing or other representa-
tions appearing on, the object or materials;
(6) The manner in which the object or materials are dis-
played 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, com-
pounding, converting, producing, processing, preparing, testing, ana-
lyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the
human body marijuana or a controlled substance.
GEORGIA LAWS 1981 SESSION
183
(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 unconsti-
tutional, 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 uncon-
stitutional 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.
184
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 appro-
priations for the fiscal year 1980-81; to make lan-
guage and other changes; to provide an effective
date; to repeal conflicting laws; and for other pur-
poses.
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 strik-
ing 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
GEORGIA LAWS 1981 SESSION
185
Operations............................
Total Funds Budgeted..................
State Funds Budgeted..................
Budget Unit Object Classes:
Operations............................
For compensation, expenses, mileage, allow-
ances, travel and benefits for members, officials,
committees and employees of the General Assem-
bly 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 Uni-
form 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 organi-
zations, upon approval of the Legislative Services
Committee; for membership in the Marine Fisher-
ies Compact and other Compacts, upon approval of
the Legislative Services Committee; for the main-
tenance, repair, construction, reconstruction, fur-
nishing and refurbishing of space and other facili-
ties for the Legislative Branch; for the Legislative
Services Committee, the Office of Legislative
Counsel and the Office of Legislative Budget Ana-
lyst; 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 Assem-
bly; for equipment, supplies, furnishings, repairs,
printing, services and other expenses of the Legis-
lative 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.
$ 13,550,000
$ 13,550,000
$ 13,550,000
$ 13,550,000
186
GENERAL ACTS AND RESOLUTIONS, VOL. I
The Legislative Services Committee shall seek
to determine ways to effect economies in the
expenditure of funds appropriated to the Legisla-
tive Branch of Government. The Committee is
hereby authorized to promulgate rules and regula-
tions relative to the expenditure of funds appropri-
ated 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 pro-
grams 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 appro-
GEORGIA LAWS 1981 SESSION
187
priation shall be increased by the amount of
$12,000 per annum for each additional Emeritus
position established during the fiscal year. Pro-
vided, 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.-Dee. Session, pp. 478-481.
Provided, however, that the sum of $10,500
shall be allocated for the cost of Georgias pro rata
share for the operation of the National Center for
State Courts.
Total Positions Budgeted 56
Section 4. Superior Courts.
Budget Unit: Superior Courts..................$ 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 mile-
age 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 appropria-
tion 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 addi-
tional District Attorney Emeritus position estab-
lished during the fiscal year.
188
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
Section 5. Court of Appeals.
Budget Unit: Court of Appeals .............
For the cost of operating the State Court of
Appeals, including salaries and retirement contri-
butions of judges and employees of the Court and
for the Emeritus Judges of the Court. Provided,
however, that the listed appropriation shall be
increased by the amount of $12,000 per annum for
each additional Emeritus position established
during the fiscal year.
Total Positions Budgeted
Section 6. Administrative Office of
the Courts and Judicial
Administrative Districts.
Budget Unit: Administrative Office
of the Courts and Judicial
Administrative Districts ......
Administrative Office of the
Courts ..............................
Institute for Continuing
Judicial Education ....................
430
2,121,527
58
1,025,100
484,734
120,000
GEORGIA LAWS 1981 SESSION
189
Judicial Administrative
Districts.................................$ 420,366
Total Funds Budgeted........................$ 1,025,100
State Funds Budgeted........................$ 1,025,100
Total Positions Budgeted 43
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 Administra-
tive 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 Qualifica-
tions 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
190
GENERAL ACTS AND RESOLUTIONS, VOL. I
For the cost of operating the Council of Juve-
nile Court Judges.
Total Positions Budgeted 3
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
GEORGIA LAWS 1981 SESSION
191
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
192
GENERAL ACTS AND RESOLUTIONS, VOL. I
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....................................S 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
GEORGIA LAWS 1981 SESSION
193
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
194
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
195
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
196
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Ser-
vices from user agencies shall not exceed the maxi-
mum amounts listed below for each service activ-
ity:
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 autho-
rized for all State employees, or unless there is a
corresponding fund availability, with prior budget-
ary 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.
GEORGIA LAWS 1981 SESSION
197
Provided, it is the intent of this General Assem-
bly that the Department shall not purchase, lease,
or lease-purchase any additional computer hard-
ware 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
198
GENERAL ACTS AND RESOLUTIONS, VOL. I
Utilities..................................$ 3,620,000
Facilities Renovations
and Repairs..............................$ -0-
Total Positions Budgeted 419
Authorized Motor Vehicles 39
The Authority is authorized to increase the
amount budgeted for Facilities Renovations and
Repairs by such amounts as are approved for other
Agencies or Authorities of the State by the Office
of Planning and Budget, and by such amounts as
are received from other sources for renovations or
repairs.
Provided that of the above appropriation
$300,000 is designated and committed for a Public
Safety Training Academy, the location to be
approved by no less than eleven (11) members of
the Fiscal Affairs subcommittees of the House of
Representatives and the State Senate.
Section 14. Department of Agriculture.
A. Budget Unit: Department of
Agriculture .......................$ 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
GEORGIA LAWS 1981 SESSION 199
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
200
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
201
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
202
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
203
Travel...................................S 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.....................8 550,000
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
204
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 rela-
tive to Regular Operating Expenses, $50,000 is
designated and committed for livestock and
poultry shows relating to research and promoting.
Provided, that of the above appropriation, the
Department is authorized and directed to notify
dairy farmers of milk-sample test results after each
test.
GEORGIA LAWS 1981 SESSION
205
Provided, that of the above appropriation
relating to Repairs to Major and Minor Markets,
no expenditure shall be made without prior
approval of the Georgia Building Authority (Mar-
kets).
B. Budget Unit: Georgia Agrirama
Development Authority.............$ -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
206
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
207
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
208
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
209
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
210
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
211
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
LEA A 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.
212
GENERAL ACTS AND RESOLUTIONS, VOL. I
Provided, further, that the State Crime Com-
mission 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
GEORGIA LAWS 1981 SESSION
213
Grants to Housing Sponsors................$ 275,000
Total Positions Budgeted 53
Authorized Motor Vehicles 23
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
214
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 .........................$ -0-
Real 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
GEORGIA LAWS 1981 SESSION
215
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
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
216
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
217
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
218
GENERAL ACTS AND RESOLUTIONS, VOL. I
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. Governors 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
GEORGIA LAWS 1981 SESSION
219
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
220
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
221
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........................S 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
8
222
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Multi-
handicapped ............................$ 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
GEORGIA LAWS 1981 SESSION
223
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
224
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
225
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 Multi-
handicapped ............................$ 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
226
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
227
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
228
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
229
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
Provided, that none of the State funds appro-
priated above may be expended to initiate or com-
mence 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 Retire-
ment System and Teachers Health Insurance
applicable to such salary.
Provided, further, that for kindergarten pro-
grams, 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 aver-
age daily attendance, except in the case of men-
tally, physically or emotionally handicapped child-
ren, 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 rela-
tive 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
230
GENERAL ACTS AND RESOLUTIONS, VOL. I
transportation services, local systems may elect to
use transportation allotments to employ aides or
certificated instructional personnel on a reimburs-
able 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 insur-
ance where eligible.
Provided, that of any State Funds appropri-
ated 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, rela-
tive 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 units 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 con-
tained 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.
GEORGIA LAWS 1981 SESSION
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 accord-
ance with State Board policy, may use additional
instructional units earned in grades 1 - 2 to
employ either certificated or licensed instructional
personnel in those grades. Funding for licensed
instructional personnel shall include salaries as
provided for in APEG Section 10b(2) and Section
15 (M&O).
Provided, that of the above appropriation for
$880,000 for Staff Development, $88,000 is desig-
nated and committed to fund a State level staff
development program specifically for Special Edu-
cation Teachers (Section 5) utilized in programs
for intellectually gifted students, and to assist in
the development of a State program plan for gifted
students by the State Superintendent of Schools.
Provided, that of the above appropriations rel-
ative to Sections 5, 7, 10, 20, 21, and 21(c)(2) of
APEG for salaries, funds may be moved between
said Sections by an amendment to the annual
operating budget during the month of June with
the prior approval of the Office of Planning and
Budget.
intent of this General Assembly
the staffing oTthe-Cialrict Agricultu
Economics offices of thej3tat=nrbe m$ljrtai]
at the minimupa_&feaffmg level which
as oUlrT7l979.

Provided, that of the above appropriation rela-
tive to Compensatory Education, $12,746,747 is
designated and committed for a compensatory
education program for students in grades 3
232
GENERAL ACTS AND RESOLUTIONS, VOL. I
through 8 and shall be used for remedial purposes
only. Provided, however, where a local system
Compensatory Education Plan justifies the need,
the State Board of Education may approve usage
of these funds for remedial purposes in grades 1
and 2.
It is the intent of this General Assembly that,
relative to the teachers index salary schedule,
beginning teachers are to receive the same salary as
those with one year of experience.
Section 20. Employees Retirement System.
Budget Unit: Employees Retirement
System...........................$ -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..................................S 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
GEORGIA LAWS 1981 SESSION
233
Postage....................................$ 31,250
Total Positions Budgeted 28
Authorized Motor Vehicles 1
Section 21. Forestry Commission.
Budget Unit: Forestry Commission...............$ 19,520,070
1. Reforestation Budget:
Personal Services .........................$ 582,630
Regular Operating Expenses ................$ 554,730
Travel.....................................S 3,800
Motor Vehicle Equipment Purchases .........$ 10,000
Publications and Printing..................$ 1,377
Equipment Purchases .......................$ 44,000
Computer Charges ..........................S 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
234
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
235
Capital Outlay.............................$ 131,500
Total Positions Budgeted 868
Authorized Motor Vehicles 751
Provided, that to the extent that Federal Funds
are realized in excess of the amounts of such funds
contemplated in the Cooperative Forest Protec-
tion, Cooperative Forest Management, Insect and
Disease, Forest Incentive and Public Service
Employment Programs in the Field Services Activ-
ity of this Act, the Office of Planning and Budget is
authorized and directed to use the first $500,000 of
such excess funds to supplant State Funds appro-
priated herein. Provided further that such
supplantation shall not be implemented if so doing
would cause any portion of the anticipated Federal
Funds not to be realized. This provision shall not
apply to project grants.
It is the intent of this General Assembly that
the Forestry Commission have authority to control
the application of the Contractual Research funds
in the above appropriation.
Section 22. Georgia Bureau of Investigation.
Budget Unit: Georgia Bureau of
Investigation.....................$ 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
236
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION 237
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
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 $500,000 of
such excess funds to supplant State Funds appro-
priated herein. Provided further that such
supplantation shall not be implemented if so doing
would cause any portion of the anticipated Federal
Funds not to be realized. This provision shall not
apply to project grants.
Provided that of the five (5) new positions for
the Forensic Sciences Division, one (1) position
238
GENERAL ACTS AND RESOLUTIONS, VOL. I
shall be designated for the Columbus Branch
Crime Lab.
Section 23. Georgia State Financing
and Investment Commission.
Budget Unit: Georgia State
Financing and
Investment Commission.............$ -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 pro-
ceeds for the following projects for the Department
GEORGIA LAWS 1981 SESSION
239
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:
$ 42,372,728
$ 5,000,000
$ 225,000,000
Provided that no bonds shall be issued for the
Georgia Public Safety Training Center until pre-
liminary 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 $225,000,000 in General Obligation Bonds for
the Advanced Construction - Interstate Program:
1. ) If, in the opinion of a majority of the
members of the Georgia State Financing and
Investment Commission, ninety percent principal
reimbursement by the U. S. Department of Trans-
portation is not assured, no bonds shall be sold to
fund such projects.
2. ) If in the opinion of Georgia State Financ-
ing and Investment Commission, prior to the con-
tractual obligation of the bond proceeds the Fed-
eral highway program is extended in such a
manner that the Interstate construction program
could proceed without delay, using current Federal
funds rather than bond proceeds, then, to the
extent that such bonds are not contractually obli-
gated on valid construction projects, the proceeds
of the bonds shall be used for the purchase of ten
percent matching contracts as they accrue, and for
repayment or defeasement of these or other State
bonds.
Expansion of Georgia Ports
Authority Facilities........
Georgia Public Safety Training
Genter .....................
Advance Construction of the
Interstate System.............
240
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 24. Office of the Governor.
A. Budget Unit: Governors Office .............$ 4,302,577
1. Governors Office Budget:
Cost of Operations.........................$ 1,400,425
Mansion Allowance..........................$ 40,000
Governors 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 Emer-
gency Fund for meeting expenses deemed emer-
gencies 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 appropria-
tion 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
GEORGIA LAWS 1981 SESSION
241
State Funds Budgeted......................$ 284,854
Total Positions Budgeted 15
Budget Unit Object Classes:
Cost of Operations........................$ 1,400,425
Mansion Allowance.........................$ 40,000
Governors 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-
242
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
243
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
244
GENERAL ACTS AND RESOLUTIONS, VOL. I
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. Governors 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-
GEORGIA LAWS 1981 SESSION
245
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
'I'ravel..................................$ 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. Consumers Utility Counsel Budget:
Personal Services ........................$ 258,029
Regular Operating Expenses ...............$ 10,413
Travel....................................$ 7,000
Motor Vehicle Equipment Purchases ........$ -0-
Publications and Printing.................$ 630
246
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
Provided, however, that of the above appropri-
ation relative to Art Grants - State Funds,
$1,142,806 is designated and committed for Grants
to Counties, Cities and non-profit organizations of
the State of Georgia.
Section 25. Grants to Counties and
Municipalities.
Budget Unit: Grants to Counties and
Municipalities.......................$ 6,800,000
1. Grants to Counties.............................$ 2,600,000
Total Funds Budgeted..........................$ 2,600,000
State Funds Budgeted..........................$ 2,600,000
GEORGIA LAWS 1981 SESSION
247
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 distri-
buted and disbursed to the various counties and
municipalities on a quarterly basis, such payments
to be made on the last day of each calendar quar-
ter.
Section 26. Department of Human
Resources.
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
248
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted.....................$ 8,272,751
Total Positions Budgeted 527
Authorized Motor Vehicles 7
General Administration and Support Functional
Budgets
Commisioners Office
Child Care Licensing
Laboratory Improvement
Child Support Recovery
Contract Management
Public Affairs
Office of Administrative
Appeals
Health Care Facilities
Regulations
Administrative Policy,
Coordination
and Direction
Personnel
Total Funds State Funds Pos.
$ 676,896 $ 676,896 21
$ 1,179,957 $
$ 449,169 $
$ 2,175,055 $
$ 1,184,641 $
$ 294,904 $
$ 757,502 $
$ 1,785,683 $
1,057,267 58
303,702 19
543,764 101
177,641 9
294,904 12
757,502 22
455,758 69
$ 79,759 $ 79,759 3
$ 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
GEORGIA LAWS 1981 SESSION
249
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
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.....................................S 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
250
GENERAL ACTS AND RESOLUTIONS, VOL. I
Financial Management Functional Budgets
Budget Administration $
Accounting Services $
Auditing Services $
Indirect Cost $
Undistributed $
Total $
Pos.
833,784 35
2,263,000 128
1,531,714 59
(1,610,000) 0
-0- $ -0- 0
4,628,498 $ 3,018,498 222
Total Funds State Funds
833,784 $
2,263,000 $
1,531,714 $
-0- $
3. Special Programs:
Personal Services .........................$ 1,943,292
Regular Operating Expenses ................$ 67,325
Travel.....................................S 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
GEORGIA LAWS 1981 SESSION
251
State Economic
Opportunity Office
Special Programs Functional Budgets
Total Funds State Funds Pos.
76,373 8
District Programs,
Directors Office
Child Development
Administration
Child Development
Contracts - Foster Care
Special Projects
Child Development
Contracts - Day Care
Child Development
Contracts - Home
Management
Child Development
Contracts - Outreach
Information and Referral
Troubled Children Benefits
Mental Health/Mental
Retardation Advisory
Council
Council on Family Planning
Council on Aging
Developmental Disabilities
Council on Maternal
and Infant Health
277,840 $
633,898 $
1,029,520 $
267,605 $
492,000 $
612,685 $
317,405 $
520,275 $
48,155 $
72,559 $
49,016 $
235,965 $
82,445 $
490,898 25
-0-
16,900
492,000
$ 19,158,613 $ 2,814,717
591,015 $ 106,850
94,405
207,905
520,275
48,155
7,260
49,016
-0-
82,445
44
0
0
252
GENERAL ACTS AND RESOLUTIONS, VOL. I
Undistributed
Total
$ -0- $
$ 24,388,996 $
-0- 0
5,007,199 92
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.
Directors Office $
Employees Health $
Primary Health Care $
Health Program
Management $
423,503 $ 273,503 7
225,520 $ 140,520 9
334,852 $ 231,416 13
382,209 $ 299,240 18
GEORGIA LAWS 1981 SESSION
253
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
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
254
GENERAL ACTS AND RESOLUTIONS, VOL. I
Indirect DOAS Services Funding...........$ -0-
Agency Funds ............................$ 11,472,788
State Funds Budgeted.....................$ 12,677,169
Total Positions Budgeted 286
Authorized Motor Vehicles 4
Physical Health - Family Health Functional Budgets
Total Funds State Funds Pos.
Family Health Management $ 6,121,099 $ 295,614 28
Cancer Control
Crippled Children
Immunization
Maternal Health
Sexually Transmitted
Diseases
Infant and Child Health
Diabetes
Chronic Disease
Coordination,
Education, Prevention
Malnutrition
Stroke and Heart Attack
Prevention
Family Planning
Epidemiology
$ 3,180,157
$ 4,356,205
$ 460,705
$ 213,885
$
184,130 $
3,809,483 $
248,306 $
1,300,617 $
498,818 $
428,962 $
138,705 $
791,450 $
700,595 $
2,953,357
2,253,505
-0-
213,885
184,130
3,710,146
62,841
1,300,617
-0-
-0-
132,025
49,169
700,595
6
64
24
6
7
12
11
22
8
16
6
13
8
GEORGIA LAWS 1981 SESSION
255
Dental Health $ 61,980 $ 61,980 3
Community Tuberculosis
Control $ 939,305 $ 759,305 25
Crippled Children - SSI $ 724,555 $ -0- 27
Undistributed $ -0- $ -0- 0
Total $ 24,149,957 $ 12,677,169 286
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
256
GENERAL ACTS AND RESOLUTIONS, VOL. I
Laboratory Services
Emergency Health
Undistributed
Total
$ 2,901,343 $ 2,502,700 137
$ 585,844 $ 517,544 19
$ -0- $ -0- 0
$ 4,021,898 $ 3,554,955 175
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
GEORGIA LAWS 1981 SESSION
257
Title XX Funds..............................$ 1,100,000
State Funds Budgeted........................$ 31,555,011
Total Positions Budgeted 581
Authorized Motor Vehicles 2
Physical Health - Local Services Functional Budgets
Total Funds State Funds Pos.
$ 6,402,895 $ 6,027,082 236
$ 21,856,537
Minimum Foundation
Grant-In-Aid to Counties
17,918,696
0
Stroke and Heart
Attack Prevention
Family Planning
Sickle Cell, Vision
and Hearing
Sexually Transmitted
Diseases
High Risk Pregnant Women
and Their Infants
Newborn Follow-Up
Care
$ 732,194 $
$ 5,722,925 $
$ 331,565 $
$ 870,729 $
$ 3,884,240 $
235,285 $
789,935 $
250,000 $
District Dental $
Teenage Pregnancy Prevention $
District Crippled Children $ 1,920,230 $
Mental Retardation Projects $ 190,100 $
443,914 20
489,209 192
331,565
93,855
3,811,240
235,285
789,935
250,000
1,164,230
-0-
15
26
19
12
18
0
33
0
258
GENERAL ACTS AND RESOLUTIONS, VOL. I
Malnutrition $ 19,998,414 $ -0- 10
Undistributed $ -0- $ -0- 0
Total $ 63,185,049 $ 31,555,011 581
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........................$ -0-
Telecommunications.........................$ 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
GEORGIA LAWS 1981 SESSION 259
Program Coordination $ 1,848,332 $ 1,343,827 66
Undistributed $ -0- $ -0- 0
Total $ 5,264,840 $ 3,146,258 139
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.............$ 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 ............................S 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
260
GENERAL ACTS AND RESOLUTIONS, VOL. I
Grants to Fulton County
for 24-hour Emergency
Social Services
Legal Services
AFDC - F amily F oster Care
AFDC - Institutional
Foster Care
Specialized Foster Care
Child Welfare -
Family Foster Care
Adoption Supplement
Non-AFDC Institutional
Foster Care
Liability Insurance
Emergency Shelter Care
Day Care
Psychiatric, Psychological
and Speech Therapy
Maternity Care
Return of Runaways -
County
Homemaking Projects
Undistributed
Total
$ 146,079
$ 334,750
$ 2,353,877
$ 819,500
$ 50,000
$ 3,967,025
$ 158,240
$ 149,025
$ 15,400
$ 80,000
$ 725,000
$ 120,000
$ 230,000
$ 5,000
$ 891,247
$ -0-
$ 10,795,143
$ 146,079
$ 147,250
$ 782,430
$ 272,400
$ 27,500
$ 2,267,345
$ 158,240
$ 149,025
$ 15,400
$ 20,000
$ 305,000
$ 30,000
$ 230,000
$ 1,250
$ 116,912
$ -0-
$ 4,743,831
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
GEORGIA LAWS 1981 SESSION
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
262
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted.......................$ 1,278,670
Total Positions Budgeted 41
Authorized Motor Vehicles 176
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........................$ -0-
Telecommunications.........................$ 25,290
Per Diem, Fees and Contracts...............$ 458,390
Utilities..................................$ -0-
Postage....................................S 3,645
E.S.R.P. Case Services.....................$ 150,000
Grants for Nephrology Centers..............$ 337,831
Total Funds Budgeted.......................$ 2,752,543
Indirect DO AS Services Funding............$ 100,000
Agency Funds ..............................$ 1,799,131
GEORGIA LAWS 1981 SESSION
263
State Funds Budgeted......................$ 853,412
Total Positions Budgeted 55
Vocational Rehabilitation - Program
Direction and Support Functional Budgets
Total Funds State Funds Pos.
Program Direction and
Support
Grants Management
Undistributed
Total
$ 1,680,212 $
$ 1,072,331 $
$ -0- $
$ 2,752,543 $
355,673 44
497,739 11
-0- 0
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
264
GENERAL ACTS AND RESOLUTIONS, VOL. I
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-
GEORGIA LAWS 1981 SESSION
265
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
Roosevelt Warm Springs Rehabilitation Institute -
Functional Budgets
Administration
Rehabilitation Services
Instruction
Independent Living
Family Involvement
Research/Training
Undistributed
Total
Total Funds State Funds Pos.
$ 3,528,200 $ 3,478,200 131
(1,283,397) 231
(135,000) 16
4,057,820
370,865
324,520
91,755
79,690
-0-
$ 8,452,850
324,520 21
5,260 8
79,690 5
-0- 0
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
266
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
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
GEORGIA LAWS 1981 SESSION
267
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...................................$ -()-
Postage.....................................S 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 ................................$ -()-
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
268
GENERAL ACTS AND RESOLUTIONS, VOL. I
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....................................$ ()
Motor Vehicle Equipment
Purchases ..............................$ -()-
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
GEORGIA LAWS 1981 SESSION 269
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
20. Family and Children Services -
Program Direction and Support
Budget:
Personal Services ..........................$ 5,986,813
Regular Operating Expenses .................8 190,554
Travel......................................$ 310,572
Motor Vehicle Equipment
Purchases ................................$ -0-
Publications 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.
Directors Office
$ 471,840 $
172,560 12
270
GENERAL ACTS AND RESOLUTIONS, VOL. I
Standards and Procedures
Training
Management Development
Administrative Support
Food Stamp
$ 431,035 $
$ 767,537 $
$ 1,717,421 $
$ 2,717,507 $
$ 2,792,029 $
District Program Operations $ 2,360,445
Special Services
Eligibility Determination
Undistributed
Total
$ 1,088,152 $
$ 224,033 $
$ -0- $
$ 12,569,999 $
183,230 9
120,978 13
830,128 79
602,360 20
208,522 22
1,155,121 101
642,305 47
120,769 12
-0- 0
4,035,973 315
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...................................S 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
GEORGIA LAWS 1981 SESSION
271
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
272
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
Provided, that of the above appropriation,
$100,000 is designated and committed for the pur-
chase of clotting factor for the Hemophilia Pro-
gram 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.
GEORGIA LAWS 1981 SESSION
273
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 wel-
fare 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
1
2
3
4
5
6
7
8
9
10
11
Standards
of Need
$ 106
161
193
227
260
282
305
324
341
365
390
Maximum Monthly
Amount
$ 90
137
164
193
221
240
259
275
290
310
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.
274
GENERAL ACTS AND RESOLUTIONS, VOL. I
Provided, however, it is the intent of this Gen-
eral Assembly that no additional group homes or
community treatment centers be started with Fed-
eral funds without prior approval by the General
Assembly of Georgia.
Provided, however, it is the intent of this Gen-
eral 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 relat-
ing 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 (Mater-
nal and Child Health - A and B) funds above the
amounts anticipated in this appropriation shall be
used to improve and expand Physical Health pro-
grams 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.
GEORGIA LAWS 1981 SESSION
275
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 $5,000) to the Georgia Building Authority
for the purpose of maintaining the grounds at the
Roosevelt Warm Springs Hospital.
To purchase, lease or otherwise acquire or
reimburse for the purchase or lease of equipment,
or purchase or reimburse for the purchase of drugs
and medical treatment of persons with Cystic
Fibrosis over the age of 21. Funds shall be
expended to those persons qualifying who are not
otherwise covered by any other private or publicly
funded program and are determined to need sup-
port from the State.
It is the intent of this General Assembly that
the State shall provide no more than 50 percent of
Mercer Medical Colleges total operating cost. Pro-
vided further, quarterly expenditure reports and
certified annual audits shall be provided to the
State Auditor and General Assembly on a timely
basis.
B. Budget Unit: State Health Planning
and Development...................$ 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
276
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted........................$ 1,090,265
Indirect DO AS 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
GEORGIA LAWS 1981 SESSION
277
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
278
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
279
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
280
GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges ..........................$ 108,000
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 120,440
Per Diem, Fees and Contracts...............$ 245,590
Utilities..................................$ 738,000
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
GEORGIA LAWS 1981 SESSION
281
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
282
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
283
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 ............................$........................dl-
l-teal Estate Rentals........................$ 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
284
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
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
GEORGIA LAWS 1981 SESSION
285
Project Rescue $ 225,190
Drug Abuse Contracts $ 779,895
Project ARC $ 120,000
Community Mental Health
Center Services $ 48,310,181
Uniform Alcoholism
Projects $ 1,537,656
Undistributed $ -0-
Total $ 105,671,899
14. Community Youth Services Budget:
Personal Services ..................
Regular Operating Expenses .........
Travel..............................
Motor Vehicle Equipment Purchases
Publications and Printing...........
Equipment Purchases ................
Computer Charges ...................
Real Estate Rentals.................
Telecommunications..................
Per Diem, Fees and Contracts........
Utilities ..........................
Postage.............................
Child Care Benefits.................
Total Funds Budgeted................
State Funds Budgeted...............
Total Positions Budgeted
Authorized Motor Vehicles
76,390
228,165
120,000
13,897,149 21
1,537,656
-0-
47,770,078 418
6,267,716
404,329
288,447
14.000
2,670
10.000
-0-
243,500
155,030
-0-
25,700
14,800
15,000
7,441,192
7,441,192
388
19
Community Youth Services Functional Budgets
Total Funds State Funds Pos.
Group Homes $ 403,383 $ 403,383 22
10
286
GENERAL ACTS AND RESOLUTIONS, VOL. I
Community Detention $
Day Centers $
Community Treatment
Centers $
Court Services $
Runaway Investigations $
Interstate Compact $
Undistributed $
Total $
15. Regular Operating Expense
Reserve Budget:
Regular Operating Expense
Total Funds................
State Funds................
540,059 $
464,146 $
1,405,892 $
4,255,146 $
313,433 $
59,133 $
-0- $
7,441,192 $
.................$ 2(K)000
.................$ 200,000
540,059 15
464,146 24
1,405,892 82
4,255,146 227
313,433 15
59,133 3
-0- 0
7,441,192 388
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
GEORGIA LAWS 1981 SESSION
287
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
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 Bene-
fits, the Department is authorized to increase the
maximum monthly payments to service providers
288
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 situ-
ations 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 Per-
sonnel Services at Central State Hospital, the
Department of Human Resources is authorized to
adjust Merit System pay grades for security atten-
dants 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 Cen-
ters 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 Depart-
ment 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
GEORGIA LAWS 1981 SESSION
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
290
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
T ravel....................................$ 18,000
Motor Vehicle Equipment Purchases $ 8,500
Publications and Printing..................$ 48,000
GEORGIA LAWS 1981 SESSION
291
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
292
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
293
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
294
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
It is the intent of this General Assembly that to
the extent that gross income from operations
exceeds the amount contemplated in this Appro-
priations 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 appropria-
tions bill, such repayments to begin no later than
Fiscal 1980. Provided, further, that such payments
in any year shall not exceed the net operating
revenues derived from the operation of the parking
GEORGIA LAWS 1981 SESSION
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 pay-
ments 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
296
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION 297
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
Section 29. Department of Law.
Budget Unit: Department of Law................$ 3,649,217
Attorney Generals 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-
298
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
For the cost of operating the Department of
Law provided that the compensation of all Assis-
tant Attorneys General, Deputy Assistant Attor-
neys 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 appro-
priated 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 appropri-
ation relative to regular operating expenses,
$38,000 is designated and committed for Court
Reporter Fees.
GEORGIA LAWS 1981 SESSION
299
Section 30. Department of
Medical Assistance.
Budget Unit: Medicaid Services.................$ 175,671,693
1. Commissioners 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.......................8 668,276
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
300
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
301
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
Provided, however, the Department is autho-
rized 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
302
GENERAL ACTS AND RESOLUTIONS, VOL. I
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-
GEORGIA LAWS 1981 SESSION
303
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
304
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
305
8. Commissioners 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
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.
306
GENERAL ACTS AND RESOLUTIONS, VOL. I
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-
GEORGIA LAWS 1981 SESSION
307
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
308
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
309
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
310
GENERAL ACTS AND RESOLUTIONS, VOL. I
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-
GEORGIA LAWS 1981 SESSION
311
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 Com-
mission, 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 municipal-
ities 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 autho-
rized 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.
312
GENERAL ACTS AND RESOLUTIONS, VOL. I
Provided, however, that of the above appropri-
ation 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
GEORGIA LAWS 1981 SESSION
313
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
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
314
GENERAL ACTS AND RESOLUTIONS, VOL. I
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........................S -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
GEORGIA LAWS 1981 SESSION
315
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 ...............................$ .().
Publications and Printing..................$ -0-
Equipment Purchases .......................$ 114,466
Computer Charges ..........................$ -0-
Real Estate Rentals........................$ -0-
316
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
317
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 - Womens 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
318
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION 319
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 - Mens 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
320
GENERAL ACTS AND RESOLUTIONS, VOL. I
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-
GEORGIA LAWS 1981 SESSION
321
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
322
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
323
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
324
GENERAL ACTS AND RESOLUTIONS, VOL. I
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-
GEORGIA LAWS 1981 SESSION
325
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
326
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Years
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
GEORGIA LAWS 1981 SESSION
327
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 Years
Appropriations.........................$ 84,000
Capital Outlay...........................$ 468,725
Total Positions Budgeted 66
Authorized Motor Vehicles 16
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
328
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
329
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
330
GENERAL ACTS AND RESOLUTIONS, VOL. I
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-
GEORGIA LAWS 1981 SESSION
331
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
332
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted......................$ -()-
Total Positions Budgeted 3
13. Georgia Public Safety
Training Facility Budget:
Personal Services ........................$ -()-
Regular Operating Expenses ...............$ -0-
Travel....................................$ -()-
Motor Vehicle Equipment Purchases $ -0-
Publications and Printing.................$ -0-
Equipment Purchases ......................$ -()-
Computer Charges .........................$ -0-
Real Estate Rentals.......................$ -()-
Per Diem, Fees and Contracts..............$ -0-
Capital Outlay............................$ -0-
Total Funds Budgeted......................$ -ID-
State Funds Budgeted......................$ -ID-
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
Provided, that the Director of the Department
of Public Safety is hereby authorized to pay dues
for Georgias portion of the cost of the membership
in the Vehicle Equipment Safety Compact, the
American Association of Motor Vehicle Adminis-
GEORGIA LAWS 1981 SESSION
333
trators, and the International Association of Chiefs
of Police (State and Provincial Police).
Provided, however, that of the above appropri-
ation for Conviction Reports, payment for convic-
tion 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 Stan-
dards and Training Activity of this Act, the Office
of Planning and Budget is authorized and directed
to supplant State Funds appropriated herein. Pro-
vided 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 here-
inafter authorized to develop and establish speci-
fications 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
334
GENERAL ACTS AND RESOLUTIONS, VOL. I
Departmental Operations Budget:
Payments to Employees
Retirement System......................$
Employer Contributions ..................$
Total Funds Budgeted.....................$
State Funds Budgeted.....................$
Budget Unit Object Classes:
Payments to Employees
Retirement System......................$
Employer Contributions ..................$
Section 36. Public Service Commission.
Budget Unit: Public Service
Commission.......................$
1. Administration Budget:
Personal Services .......................$
Regular Operating Expenses ..............$
Travel...................................$
Motor Vehicle Equipment Purchases .......$
Publications and Printing................$
Equipment Purchases .....................$
Computer Charges ........................$
Real Estate Rentals......................$
Telecommunications.......................$
Per Diem, Fees and Contracts $
Total Funds Budgeted.....................$
State Funds Budgeted.....................$
Total Positions Budgeted
2. Transportation Budget:
Personal Services .......................$
Regular Operating Expenses ..............$
Travel...................................$
Motor Vehicle Equipment Purchases .......$
Publications and Printing................$
Equipment Purchases .....................$
Computer Charges ........................$
Real Estate Rentals......................$
Telecommunications.......................$
Per Diem, Fees and Contracts.............$
Total Funds Budgeted.....................$
147,335
11,218,100
11,365,435
11,365,435
147,335
11,218,100
3,233,212
679,904
15,825
13,225
-0-
850
850
-0-
64,275
27,200
500
802,629
802,629
26
829,721
119,556
47,175
-0-
5,650
20,200
-0-
40,268
19,500
3,500
1,085,570
GEORGIA LAWS 1981 SESSION
335
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
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
336
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 desig-
nated and committed to guarantee payment of
lease rental contracts as a first charge on such
funds.
Provided, none of the funds herein appropri-
ated 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 commit-
ments 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.
GEORGIA LAWS 1981 SESSION
337
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 educa-
tional and general or plant purposes until made
available by written approval of the Office of Plan-
ning 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 avail-
able 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 Repre-
sentatives.
Provided, that revenue from student fees which
exceeds the original budget estimates of student
fees by $2,000,000 shall not be available for opera-
tions 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 Univer-
sity System generating such income.
Provided, that from the above appropriated
amount for Capital Outlay, $5,000,000 is specifi-
cally appropriated for renovations and improve-
ments of physical plant facilities.
338
GENERAL ACTS AND RESOLUTIONS, VOL. I
Provided, further, it is the intent of this Gen-
eral Assembly that the 1 1/2% Personal Services
continuation factor incorporated into the Resident
Instruction appropriation in this Appropriations
Act be utilized to provide 2 1/2% merit-type
increases.
2. Marine Resources Extension
Center Budget:
Personal Services:
Educ., Gen., and Dept. Svcs. ...........$ 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
GEORGIA LAWS 1981 SESSION
339
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
340
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
341
Less Agency Funds:
Departmental Income.........................$ ()
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-
342
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 con-
tracts with medical schools for a student precep-
torship program. Provided, further, that each stu-
dent 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
GEORGIA LAWS 1981 SESSION
343
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
344
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
Provided, that of the above appropriation rela-
tive to Grants to Junior Colleges, payments are to
be based on a rate of $739 per EFT student.
Furthermore, 50 quarter credit hours shall be used
in the calculation of an equivalent full-time stu-
dent.
It is the intent of the General Assembly that the
State shall provide no more than 50 percent of The
School of Medicine at Morehouse Colleges total
operating cost. Provided, further, quarterly
expenditure reports and certified annual audits
shall be provided to the State Auditor and General
Assembly on a timely basis.
Section 38. Department of Revenue.
Budget Unit: Department of Revenue.............$ 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-
GEORGIA LAWS 1981 SESSION
345
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.....................................8 -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,
$4,134,000 is designated and committed for use in
contracting with the Department of Offender
Rehabilitation for the production of at least
4,300,000 motor vehicle tags, and for this purpose
only.
Any such contract may provide for partial,
advance payment from the Department of Reve-
nue to Georgia Correctional Industries during tag
346
GENERAL ACTS AND RESOLUTIONS, VOL. I
production, but in no case shall the total amount
paid for such tags exceed the amount herein appro-
priated, provided the advances made are for ser-
vices to be rendered within the same fiscal year.
3. Property Tax Budget:
Personal Services .........................$ 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
GEORGIA LAWS 1981 SESSION 347
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
348
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 DO AS 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-
GEORGIA LAWS 1981 SESSION
349
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
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
12
350 GENERAL ACTS AND RESOLUTIONS, VOL. I
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
Occupational Certification 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
GEORGIA LAWS 1981 SESSION
351
Librarians
Marriage and Family Counselors
Medical Examiners
Nursing Home Administrators
Board of Nursing
Dispensing Opticians
Optometry
Occupational Therapy
Pest Control
Pharmacy
Physical Therapy
Podiatry
Polygraph Examiners
Practical Nursing
Private Detective
Psychologists
Recreation
Sanitarian
Speech Pathology
Used Car Dealers
Used Car Parts
$ 2,882
$ 24,032
$ 743,681
$ 22,011
$ 493,142
$ 33,521
$ 19,442
$ 8,036
$ 32,234
$ 208,429
$ 26,905
$ 9,692
$ 20,351
$ 158,624
$ 183,393
$ 44,090
$ 13,172
$ 12,766
23,307
$ 69,459
$ 41,383
$
352
GENERAL ACTS AND RESOLUTIONS, VOL. I
Veterinary $ 31,881
Wastewater $ 26,030
Well Water $ 10,726
Administration $ 237,964
Investigative $ 61,668
Total $ 4,335,587
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
GEORGIA LAWS 1981 SESSION
353
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
354
GENERAL ACTS AND RESOLUTIONS, VOL. I
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-
GEORGIA LAWS 1981 SESSION 355
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
356
GENERAL ACTS AND RESOLUTIONS, VOL. I
Real Estate Commission Functional Budget
Cost of
State Funds 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
GEORGIA LAWS 1981 SESSION
357
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
358
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 appropri-
ated 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 educa-
tional fields of study; (b) an amount not to exceed
$100,000 is designated and committed for the pur-
pose 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 pro-
viding 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 cancella-
ble loans to students who are to become agricul-
tural 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 Chap-
ter 32-37.
Provided, that the above appropriated amount
relative to Tuition Equalization Grants provides
for payment of grants of $600 per academic year,
GEORGIA LAWS 1981 SESSION
359
and for payment of grants for the 1980 summer
school quarter or semester, to undergraduate stu-
dents attending private colleges in Georgia as pro-
vided for in Article 5 of Code Chapter 32-37.
Provided, that the above appropriated amount
relative to North Georgia College ROTC Grants
provides for payment of grants to eligible students
as provided for in Article 6 of Code Chapter 32-37.
Provided, that the above appropriated amount
relative to Law Enforcement Personnel Depen-
dents Grants provides for payment of grants to
eligible students as provided for in Article 7 of
Code Chapter 32-37.
Provided, that the above appropriated amount
relative to Payment of Interest and Fees is desig-
nated and committed for the purpose of enabling
the Georgia Higher Education Assistance Corpora-
tion to make state interest subsidy payments to
lenders as provided for in Code Section 32-3314,
and loan discount fee payments to lenders as pro-
vided for in Code Section 32-3315.
Provided, that from any of the above appropri-
ated amounts any available funds may be utilized
by the Georgia Higher Education Assistance Cor-
poration for the purpose of making timely pay-
ments of interest and special allowances to lenders
as provided for in Code Section 32-3313 and Code
Section 32-3710.
Section 41. Soil and Water Conservation
Committee.
Budget Unit: Soil and Water
Conservation Committee...........$ 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-
360
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
361
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
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
362
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
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
GEORGIA LAWS 1981 SESSION
363
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.......................S 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
364
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted.....................
Total Positions Budgeted
Appropriation of State funds in the foregoing
Department of Transportation budgets shall be in
conformity with and pursuant to Article III, Sec-
tion 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 pre-
ceding 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 addi-
tional appropriations and/or balances appropri-
ated 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 equip-
ment 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
$ 11,737,777
321
GEORGIA LAWS 1981 SESSION
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. Pro-
vided, further, that in order to meet the require-
ments 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 Pro-
gram not to exceed the amount of State Motor Fuel
Tax Revenues actually paid into the Fiscal Divi-
sion of the Department of Administrative Services
and constitutionally appropriated to the Depart-
ment of Transportation.
For lease rental obligations of the Department
of Transportation to the Georgia Highway Author-
ity and the Georgia Building Authority in accord-
ance 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 Depart-
ment 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 Adminis-
trative Services in the same proportional basis to
each county as the proportion of each countys
366
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 govern-
ing 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 com-
pare 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
GEORGIA LAWS 1981 SESSION
367
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 sepa-
rately from all other appropriations to the Depart-
ment 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 govern-
ing 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 Con-
stitution, and file the same with the Fiscal Division
of the Department of Administrative Services. At
the request of the Governor or the Office of Plan-
ning 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 munici-
palities on a quarterly basis, such payments to be
made on the last day of each quarter.
368
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION 369
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
For the general administrative expenses of air-
port 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 Trans-
portation 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 Trans-
portation is authorized to utilize State Airport
370
GENERAL ACTS AND RESOLUTIONS, VOL. I
Development Funds to finance a maximum of 10%
of an individual airport project when matching
both FAA and Local Funds, and 50% of an indi-
vidual airport project when matching Local Funds
only with no Federal Fund participation. Pro-
vided, further, that the Department of Trans-
portation 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 $850,000 of the above allocation
for harbor maintenance payments is designated
and committed for payment for harbor mainte-
nance and improvements at Savannah.
Provided, further, that the Department of
Transportation is authorized and directed to
transfer to Personal Services from other object
classes such funds as are required to fund the
increased Personal Services costs contemplated in
this Act, subject only to approval by the Office of
Planning and Budget.
Section 44. Department of Veterans Service.
Budget Unit: Department of Veterans
Service............................$ 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
GEORGIA LAWS 1981 SESSION
371
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 ......................$ -()-
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
372
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
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
GEORGIA LAWS 1981 SESSION
373
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
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 Obliga-
tion Debt Sinking Fund, $4,661,000 is specifically
appropriated for the purpose of financing expan-
sion of Georgia Ports Authority facilities through
the issuance of not more than $42,372,728 in prin-
cipal amount of General Obligation Debt.
Provided, that from the above appropriated
amount for the State of Georgia General Obliga-
tion 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 princi-
pal amount of General Obligation Debt.
374
GENERAL ACTS AND RESOLUTIONS, VOL. I
Provided, that from the above appropriated
amount for the State of Georgia General Obliga-
tion 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 appropri-
ations 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 Agricul-
ture, 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 Depart-
ment of Human Resources. Provided, further, the
Office of Planning and Budget is hereby autho-
rized to transfer funds from this section to the
Departments 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 collec-
tions.
Section 48. In addition to all other appropri-
ations 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.
GEORGIA LAWS 1981 SESSION
375
Section 50. The Federal General Revenue
Sharing contemplated in this Act shall be applied
to the appropriations of the Department of Educa-
tion and Regents, University System of Georgia for
the line item Teacher Retirement. The propor-
tion 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, com-
mission and authority receiving appropriations in
this Act shall develop and enforce stringent regula-
tions 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 Gen-
eral 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 pro-
cedures to control usage of long-distance, GIST
and credit card telephone calls, in order to mitigate
the States 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 fol-
lows, 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
376
GENERAL ACTS AND RESOLUTIONS, VOL. I
Second, to further supplant State funds to the
extent necessary to maintain the effective match-
ing ratio experienced in the immediately preceding
fiscal year, which such supplanted State funds
shall thereupon be removed from the annual oper-
ating 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 fea-
sible; and that at the end of this fiscal year, said
Office of Planning and Budget provide written
notice to the members of the Appropriations Com-
mittees of the Senate and House of Representa-
tives 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 appropria-
tion 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 appropri-
ations, there is hereby appropriated as needed, a
specific sum of money equal to each refund autho-
rized by law, which is required to make refund of
taxes and other monies collected in error, farmer
gasoline tax refund and any other refunds specifi-
cally 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 autho-
rized under this Act shall be used to continue
programs currently funded by 100% Federal
funds.
GEORGIA LAWS 1981 SESSION
377
G^ion 56. Provided further that no Sta;
funds in uTfs--am)ropriation shall be pal
behalf of Georgia'isdjgent Leg!
affiliates, nor shall an^gtatl7acilitJ
available for theirjiseflnduding
the Georgia-Interactive Statewide TTec'
catipns'Network either directly or indirectly.
it iiu
Section 57. In accordance with the require-
ments of Article IX, Section VI, Paragraph la of
the Constitution of the State of Georgia, as
amended, there is hereby appropriated payable to
each department, agency, or institution of the
State sums sufficient to satisfy the payments
required to be made in each year, under lease
contracts now in existence or as provided for in this
Appropriations Act between any department,
agency, or institution of the State, and any author-
ity created and activated at the time of the effec-
tive 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 insuffi-
cient in any year to make the required payments in
full, there shall be taken from other funds appro-
priated to the department, agency or institution
involved, an amount sufficient to satisfy such defi-
ciency 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 appropria-
tions made and authorized under this Act shall be
according to the programs and activities as speci-
378
GENERAL ACTS AND RESOLUTIONS, VOL. I
fied in the Governors 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 trans-
ferred for use in initiating or commencing any new
program or activity not currently having an appro-
priation 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 Subcom-
mittees in a meeting called to consider said trans-
fers. 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, commis-
sion, 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 operat-
ing budget containing any such allocation until
such shall be submitted and approved in the same
manner and under the same conditions provided
hereinbefore for transfers.
Section 59. Wherever in this Act the term
Budget Unit Object Classes is used, it shall mean
GEORGIA LAWS 1981 SESSION
379
that the object classification following such term
shall apply to the total expenditures within the
Budget Unit, and shall supersede the object classi-
fication 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 specifi-
cally 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 appropri-
ations 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 ...............................
Section 63. This Act shall become effective
upon its approval by the Governor or upon its
becoming law without his approval.
$3,217,056,705.
380
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 provi-
sions 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 defini-
tion; to provide for collection and distribution of the tax; to provide
for the expenditure of proceeds from such tax only in the unincorpo-
rated 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:
GEORGIA LAWS 1981 SESSION
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
13
382
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 unincor-
porated 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.
GEORGIA LAWS 1981 SESSION
383
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:
384
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 proceed-
ings 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 specifi-
cally 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
GEORGIA LAWS 1981 SESSION
385
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, munici-
pal 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, certifi-
cates, 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 subdivi-
sion, 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 obliga-
tions 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 municipal-
ity 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
386
GENERAL ACTS AND RESOLUTIONS, VOL. I
authority or public corporation created by the Georgia Constitu-
tion 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 Gen-
eral 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 issu-
ance of any such bonds; provided, however, the interest rate or rates
to be borne by any bonds issued by counties or municipal corpora-
tions 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 govern-
ing 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);
GEORGIA LAWS 1981 SESSION
387
(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 Assem-
bly 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 applica-
tion 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.
388
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 conflict-
ing 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 91A-1022, 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.
GEORGIA LAWS 1981 SESSION
389
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 emer-
gency 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 Manage-
ment 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 Man-
agement.
390
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 refer-
ences and functions relating to civil defense to emergency man-
agement 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 (form-
erly 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
GEORGIA LAWS 1981 SESSION
391
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 reim-
bursable 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Unem-
ployment 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
GEORGIA LAWS 1981 SESSION
393
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 contrib-
uted 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 eligibil-
ity 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 begin-
ning 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 begin-
ning 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 termi-
nate 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),
(1), (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
GEORGIA LAWS 1981 SESSION
395
(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 employ-
ment earned by the individual for being so employed is not less
than the product of four multiplied by the individuals 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
individuals capabilities; except that, if the individual furnishes evi-
dence satisfactory to the Commissioner that such individuals pros-
pects for obtaining work in his customary occupation within a reason-
ably 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 individuals weekly benefit amount for his ben-
efit year, plus
(B) the amount (if any) of supplemental unemploy-
ment 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 (1);
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
396
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 satisfac-
tion 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:
GEORGIA LAWS 1981 SESSION
397
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 satisfac-
tion 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 Tribu-
nals. 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 deter-
mined 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.
398
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 testi-
mony 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 consid-
ered by it. Provided, however, nothing herein shall preclude the
Commissioner from making the original documents, papers and tran-
scripts 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; pro-
vided, 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 subsec-
tion (i) of Section 6 the following:
Workmens,
and inserting in lieu thereof the following:
Workers,
so that when so amended subsection (i) of Section 6 shall read as
follows:
GEORGIA LAWS 1981 SESSION
399
(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 Reviews 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 Commis-
sioner 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.
400
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 instru-
mentality 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 base-
period employers 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; Pro-
vided, 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.,
GEORGIA LAWS 1981 SESSION
401
so that when so amended subparagraph (R) 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 attribut-
able 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 individuals 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 experi-
ence 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 employers 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
402
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
403
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 (1) 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 employers 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 estab-
lished 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 states 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 (1) of Section 11 shall read as
follows:
(1) Reciprocal Arrangements. The Commissioner shall partici-
pate in any arrangements for the payment of compensation on the
basis of combining an individuals 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
404
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) applying the base period of a single State law to a claim
involving the combining of an individuals 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 states 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 contribu-
tions, interest and penalties due and unpaid by the seller or trans-
feror, 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,
GEORGIA LAWS 1981 SESSION
405
interest or penalties are due. If the seller or transferor shall fail to pay
such contributions within the 30 days as specified, then the pur-
chaser, transferee, successor or assigns, shall pay the money so
withheld to the Agency, and should the purchaser, transferee, succes-
sor or assigns fail to do so, it shall become liable for such contribu-
tions, 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 States unemployment compensation fund is reim-
bursed 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 subsec-
tion (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:
406
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 Immigra-
tion 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 Immigra-
tion 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 experi-
ence 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
GEORGIA LAWS 1981 SESSION
407
(whether or not such separation is temporary) resulting directly
from a reduction in force, the discontinuance of a plant or opera-
tion, 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; pro-
vided, 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 conflict-
ing 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
408
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
409
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 Reorganiza-
tion 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:
410
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 retrans-
ferred 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. 68-251(a), 68-627(a)), are transferred to the Depart-
ment 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 partys attorneys of record
to examine or cross-examine witnesses, except with the consent of the
witness.,
GEORGIA LAWS 1981 SESSION
411
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
412
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 here-
under, 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 allow-
ance 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 retire-
ment 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. Pro-
vided, however, that on and after the effective date of this Amend-
ment, increases in retirement allowances granted to such retired
public schoolteachers by a county, municipal or local board of educa-
tion 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
GEORGIA LAWS 1981 SESSION
413
monthly retirement allowances paid to such retired public school-
teachers 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 Retire-
ment 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 (form-
erly 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.
414
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 individualsweekly benefit amountshall 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 Qualifying
Benefit Wages In
Amount Base Period
$ 175.00 - 299.99
300.00 - 324.99
325.00 - 349.99
350.00 374.99
$12
13
14
15
$ 432
468
504
540
375.00 - 399.99
400.00 - 424.99
425.00 - 449.99
450.00 - 474.99
16
17
18
19
576
612
648
684
475.00 - 499.99
500.00 - 524.99
525.00 - 549.99
550.00 - 574.99
20
21
22
23
720
756
792
828
575.00 - 599.99
600.00 - 624.99
625.00 - 649.99
650.00 - 674.99
24
25
26
27
864
900
936
972
GEORGIA LAWS 1981 SESSION
415
675.00 -
700.00 -
725.00 -
750.00 -
775.00 -
800.00 -
825.00 -
850.00 -
875.00 -
900.00 -
925.00 -
950.00 -
975.00 -
1,000.00 -
1.025.00
1.050.00
1.075.00
1.100.00
1.125.00
1.150.00
1.175.00
1.200.00
1.225.00
1.250.00
1.275.00
1.300.00
1.325.00
699.99
724.99
749.99
774.99
799.99
824.99
849.99
874.99
899.99
924.99
949.99
974.99
999.99
1.024.99
1.049.99
1.074.99
1.099.99
1.124.99
1.149.99
1.174.99
1.199.99
1.224.99
1.249.99
1.274.99
1.299.99
1.324.99
1.349.99
1,350.00 and over
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
1,008
1,044
1,080
1,116
1,152
1,188
1,224
1,260
1,296
1,332
1,368
1,404
1,440
1,476
1,512
1,548
1,584
1,620
1,656
1,692
1,728
1,764
1,800
1,836
1,872
1,908
1,944
1,980
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, increas-
416
GENERAL ACTS AND RESOLUTIONS, VOL. I
ing 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, increas-
ing 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
GEORGIA LAWS 1981 SESSION
417
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
1.750.00
1.775.00
1.800.00
1.825.00
1.850.00
1.875.00
1.900.00
1.925.00
1.950.00
1.975.00
2,000.00
2.025.00
2.050.00
2.075.00
2.100.00
2.125.00
2.150.00
2.175.00
2.200.00
2,225.00
- 1,749.99
- 1,774.99
- 1,799.99
- 1,824.99
- 1,849.99
- 1,874.99
- 1,899.99
- 1,924.99
- 1,949.99
- 1,974.99
- 1,999.99
- 2,024.99
- 2,049.99
- 2,074.99
- 2,099.99
- 2,124.99
- 2,149.99
- 2,174.99
- 2,199.99
- 2,224.99
and over
$70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
$2,520
2,556
2,592
2,628
2,664
2,700
2,736
2,772
2,808
2,844
2,880
2,916
2,952
2,988
3,024
3,060
3,096
3,132
3,168
3,204
3,240
Provided, however, to be effective April 1,1976, and effective with
benefit years beginning on and after April 1, 1976, an individuals
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 toted 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 individuals weekly benefit
418
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 individualsweekly benefit amountshall 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 individuals 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, custom-
ers, patients, bystanders or the eventual consumer of products; or
GEORGIA LAWS 1981 SESSION
419
(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 employers 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 Commissioners determi-
nation 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 employ-
ment 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, custom-
ers, patients, bystanders or the eventual consumer of products; or
(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 employers records after the
beginning of employment.
420
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 States 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.
GEORGIA LAWS 1981 SESSION
421
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 PROP-
ERTY 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 PROP-
ERTY, 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
422
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Trans-
portation 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 Technol-
ogies Corporation upon such terms and conditions as the Department
GEORGIA LAWS 1981 SESSION
423
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
424
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Agen-
cies, 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 recog-
nized by the board,
GEORGIA LAWS 1981 SESSION
425
(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 profes-
sional 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 facili-
ties 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 INSURANCE-
EMPLOYEE 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
426
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 adminis-
tration and the States 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 Employ-
ees 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 attor-
neys of the superior courts of Georgia;
(7) A person who works full time and receives his compensa-
tion in a direct payment from a county board of health or the
county boards of health comprising a health district or the county
GEORGIA LAWS 1981 SESSION
427
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 compensa-
tion 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, inter-
mittent, 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
428
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 States 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 Depart-
ment 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.
GEORGIA LAWS 1981 SESSION
429
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 trans-
portation 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.,
430
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 ATTORNEYS 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.
GEORGIA LAWS 1981 SESSION
431
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
432
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
433
/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
434
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
435
/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
436
GENERAL ACTS AND RESOLUTIONS, VOL. I
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:
GEORGIA LAWS 1981 SESSION
437
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 Janu-
ary, 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
438
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
/si 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 Janu-
ary, 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.
GEORGIA LAWS 1981 SESSION
439
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 Janu-
ary, 1981 session of the General Assembly of Georgia, a bill to amend
an act creating and establishing the office of Assistant District
440
GENERAL ACTS AND RESOLUTIONS, VOL. I
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).
GEORGIA LAWS 1981 SESSION
441
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the Janu-
ary, 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).
442
GENERAL ACTS AND RESOLUTIONS, VOL. I
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the Janu-
ary, 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.
GEORGIA LAWS 1981 SESSION
443
/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 Janu-
ary, 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
444
GENERAL ACTS AND RESOLUTIONS, VOL. I
Sworn to and subscribed before me,
this 17th day of February, 1981.
Is/ 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 Consor-
tium 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 forego-
ing; 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.
GEORGIA LAWS 1981 SESSION
445
Section 2. Purpose. The Middle Georgia Consortium, Inc., shall
be the agency of the Middle Georgia Consortium for the administra-
tion 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 Consor-
tium, Inc., shall be an independent entity under the laws and regula-
tions of the United States, the State of Georgia, and their agencies for
all purposes, including its relationship to the United States Depart-
ment 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 legisla-
tion.
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 require-
ment for further legislation.
Section 7. Validation of past acts of the Middle Georgia Consor-
tium, 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, con-
firmed, 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.
15
446
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
447
/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.
448
GENERAL ACTS AND RESOLUTIONS, VOL. I
/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
GEORGIA LAWS 1981 SESSION
449
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
450
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
451
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.
la/ 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
452
GENERAL ACTS AND RESOLUTIONS, VOL. I
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).
GEORGIA LAWS 1981 SESSION
453
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
454
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.-Dee. 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
GEORGIA LAWS 1981 SESSION
455
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.-Dee. 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
456
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 pre-
vented 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 employ-
ment 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,
GEORGIA LAWS 1981 SESSION
457
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 11a 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 subsec-
tion (b) of Section 12 the following:
458
GENERAL ACTS AND RESOLUTIONS, VOL. I
$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 subsec-
tion (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.
GEORGIA LAWS 1981 SESSION
459
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 AMENDED
EBENEZER 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:
460
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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, extend-
ing 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
GEORGIA LAWS 1981 SESSION
461
on local election days; to provide an effective date; to repeal conflict-
ing 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 prop-
erty 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.
462
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved March 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 consid-
ered 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
GEORGIA LAWS 1981 SESSION
463
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 Represen-
tatives, the Commissioner of the Georgia Department of Trans-
portation, the Commissioner of the Georgia Department of Agricul-
ture, 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 Gover-
nor 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 author-
ity shall have perpetual existence. Any change in name or composi-
tion 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, construc-
tion, 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
464
GENERAL ACTS AND RESOLUTIONS, VOL. I
Georgia. The design, construction, operation, or management of a
hazardous waste facility or facilities shall apply to all real prop-
erty, structures, and facilities of every kind and character neces-
sary 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 Manage-
ment 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 develop-
ment 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 nec-
essary 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, construc-
tion, 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 obliga-
tion 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.
GEORGIA LAWS 1981 SESSION
465
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 fran-
chises 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 instru-
ments 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;
466
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 condi-
tions as the United States of America or such agency or instru-
mentality 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, depart-
ments, 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, opera-
tion, 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 responsibili-
ties 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 depart-
ment or agency of this state, to enter into contracts or agreements
GEORGIA LAWS 1981 SESSION
467
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 construc-
tion 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 govern-
ing 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 countys 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.
468
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 author-
ity 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.
GEORGIA LAWS 1981 SESSION
469
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
470
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 fore-
closed; 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 disburse-
ment 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 pur-
poses., 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 anyones 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
GEORGIA LAWS 1981 SESSION
471
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 manufacturers 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 knowl-
edge 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 manufacturers 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
472
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 jurisdic-
tional 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 subsec-
tion (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 disburse-
ment 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 pur-
poses., 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, high-
ways 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
GEORGIA LAWS 1981 SESSION
473
$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 disburse-
ment 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 pur-
poses., 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 unconsti-
tutional, 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 uncon-
stitutional 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
474
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 commis-
sioner 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 con-
flicting 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 inspec-
tion by the following:
GEORGIA LAWS 1981 SESSION
475
(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 manufacturers 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
476
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 inspec-
tion 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 manufacturers 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.
GEORGIA LAWS 1981 SESSION
477
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 Indemni-
fication 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 provi-
sions relating to time of applications for indemnification; to provide
procedures in connection with applications for indemnification sub-
mitted 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:
16
478
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Indemni-
fication 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 con-
cluded 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 desig-
nated beneficiaries or any other persons eligible for indemni-
fication 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 administer-
ing this Act; and
GEORGIA LAWS 1981 SESSION
479
(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 subse-
quent 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 indemni-
fication 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.
480
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 indebt-
edness 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 applicabil-
ity 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,
GEORGIA LAWS 1981 SESSION
481
p. 345), as amended by an Act approved March 20, 1980 (Ga. Laws
1980, p. 585), is hereby amended by striking paragraph (1) of subsec-
tion (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 persons
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 para-
graph (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
482
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 bor-
rower of liability for the repayment of the indebtedness, or (C) one-
half of 1 percent of the principal amount of the indebtedness out-
standing 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 instru-
ment 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 second-
ary 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:
GEORGIA LAWS 1981 SESSION
483
(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
lenders 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
484
GENERAL ACTS AND RESOLUTIONS, VOL. I
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:
GEORGIA LAWS 1981 SESSION
485
(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:
(1) 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 indebt-
edness, 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.
486
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 candi-
dates for municipal elections, as amended, so as to provide that the
governing authority of each municipality may choose to pay addi-
tional 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 munici-
palities;
(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
GEORGIA LAWS 1981 SESSION
487
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 South-
western 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 compensa-
tion, 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
488
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 forego-
ing; 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 continu-
ing 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 quali-
fied. 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
GEORGIA LAWS 1981 SESSION
489
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 disagree-
ment 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 find, 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.
490
GENERAL ACTS AND RESOLUTIONS, VOL. I
WAYCROSS JUDICIAL CIRCUITADDITIONAL JUDGE.
No. 107 (House Bill No. 662).
AN ACT
To provide for one additional judge of the superior courts of the
Way cross 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 Way cross
Judicial Circuit to provide facilities, office space, supplies, equip-
ment, 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 appoint-
ment 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
GEORGIA LAWS 1981 SESSION
491
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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
493
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 Judi-
cial 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.
494
GENERAL ACTS AND RESOLUTIONS, VOL. I
MOUNTAIN JUDICIAL CIRCUITADDITIONAL JUDGE.
No. 119 (Senate Bill No. 292).
AN ACT
To add one additional judge of the superior court for the Moun-
tain 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 forego-
ing; 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
GEORGIA LAWS 1981 SESSION
495
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 Constitu-
tion 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
496
GENERAL ACTS AND RESOLUTIONS, VOL. I
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, relat-
ing to qualifications of constables, in its entirety and substituting in
lieu thereof a new Code Section 24-803 to read as follows:
GEORGIA LAWS 1981 SESSION
497
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 AMENDED
REAPPORTIONMENT 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
498
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 elec-
tion or appointment, continuance in office and limitation thereof for
the members of the Municipal Governing Authority, except as autho-
rized 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 contigu-
ous territory, and the boundary lines of said district shall be the
center lines of streets or other well-defined boundaries;
GEORGIA LAWS 1981 SESSION
499
(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 reason-
ably 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 municipal-
ity 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.
500
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 qualifi-
cations, 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 govern-
ing authority of the counties comprising the Conasauga Judicial
Circuit to provide courtrooms, facilities, office space, supplies, equip-
ment, 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:
GEORGIA LAWS 1981 SESSION
501
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
502
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 ail such matters relating to the
manner of fixing, arranging for, and disposing of the business of said
GEORGIA LAWS 1981 SESSION
503
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, sup-
plies, 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.
504
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 allow-
ance 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 addi-
tional 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 continu-
GEORGIA LAWS 1981 SESSION
505
ing 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 hereto-
fore enacted by the counties of said circuit for the present judge shall
also be applicable to the additional judge provided for by this Act.
506
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 estab-
lished 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.
GEORGIA LAWS 1981 SESSION
507
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 authori-
ties 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 neces-
sary 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.
508
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 forego-
ing; to provide an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1981 SESSION
509
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 Constitu-
tion 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.
17
510
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
511
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, cor-
poration, 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
dealers 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 drivers 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 drivers 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 depart-
ment 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 deter-
GEORGIA LAWS 1981 SESSION
513
mined 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 Agricul-
ture 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 Depart-
ment of Agriculture is required by this Act, whether or not the person
has so registered or obtained such a license or permit, the Commis-
sioner 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 situa-
tion 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.
GEORGIA LAWS 1981 SESSION
515
(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 per-
manent 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
Aves 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 Depart-
ment 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 resi-
dents 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.
GEORGIA LAWS 1981 SESSION
517
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
518
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 11 A. 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
GEORGIA LAWS 1981 SESSION
519
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 notwith-
standing, the minimum annual salary of each judge of the probate
court in the State of Georgia shall be fixed according to the popula-
tion of the county in which he serves as determined by the United
States Decennial Census of 1970 or any future such census; provided,
however, that, in the event the population of a county according to the
United States Decennial Census of 1980 or any future such census is
less than its population according to the United States Decennial
Census of 1970, the population bracket under which any such county
falls for the purposes of this Section shall be determined according to
the United States Decennial Census of 1970. Each such judge of the
probate court shall receive an annual salary, payable in equal monthly
installments from the funds of his county, of not less than the amount
fixed in the following schedule:
Population Minimum Salary
0 - 5,999
6,000 - 11,999
12.000 - 19,999
20.000 - 29,999
30.000 - 39,999
40.000 - 49,999
50.000 - 99,999
100.000 - 199,999
200.000 and above
7,900.00
11.770.00
13.420.00
15,000.00
17.820.00
19.440.00
20.640.00
26.950.00
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
520
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 con-
strued 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
GEORGIA LAWS 1981 SESSION
521
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 compensa-
tion 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:
522
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 com-
prising said circuit shall pay that proportion of said district attorneys
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 Northeast-
ern 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 com-
prising 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 3aid
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.
GEORGIA LAWS 1981 SESSION
523
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 pub-
lished 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.
524
GENERAL ACTS AND RESOLUTIONS, VOL. I
/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.
GEORGIA LAWS 1981 SESSION
525
/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.
526
GENERAL ACTS AND RESOLUTIONS, VOL. I
/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
GEORGIA LAWS 1981 SESSION
527
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 members
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 benefi-
ciary shall not include the estate of the member, notwithstanding the
provisions of paragraph (16) of Section 2 of this Act.
528
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 govern-
ment, March 1 of the year in which exemption from taxation is
sought, a written application and schedule with the tax receiver or tax
GEORGIA LAWS 1981 SESSION
529
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.
530
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 not-
withstanding, 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 incur-
red 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
GEORGIA LAWS 1981 SESSION
531
more according to the United States decennial census of 1970 or any
future such census, so as to change the provisions relative to popula-
tion; 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 loca-
tions 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 53-201(a), relative to issuance of marriage
licenses in all counties having a population of 600,000 or more
532
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 mar-
riage 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
GEORGIA LAWS 1981 SESSION
533
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 accord-
ing 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 91 A-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 coun-
ties having a population of 600,000 or more according to the census; to
534
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
535
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
536
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
537
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 trans-
port 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.
538
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 91A-1450 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 conflict-
ing 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.
GEORGIA LAWS 1981 SESSION
539
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 disposi-
tion 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 conflict-
ing 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 disposi-
tion 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.
540
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 elec-
tion 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 elec-
tion 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.
GEORGIA LAWS 1981 SESSION
541
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 conflict-
ing 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 approved by
the Governor or upon its becoming law without his approval.
18
542
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 6,1981.
DEVELOPMENT AUTHORITIES LAW AMENDED
BOARDS 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 subsec-
tions 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
GEORGIA LAWS 1981 SESSION
543
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.
544
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 decen-
nial 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 decen-
nial 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.
GEORGIA LAWS 1981 SESSION
545
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 munici-
palities of county voters registration list in counties having a popula-
tion 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.
546
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 exemp-
tion 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 exemp-
tion 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.
GEORGIA LAWS 1981 SESSION
547
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 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),
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.
548
GENERAL ACTS AND RESOLUTIONS, VOL. I
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. Ill) 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
forjudges 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
GEORGIA LAWS 1981 SESSION
549
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 conflict-
ing 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 Offi-
cials 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
550
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Legisla-
tion 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.
GEORGIA LAWS 1981 SESSION
551
MUNICIPAL ELECTION CODE AMENDED
REGISTRATION 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 popula-
tion, 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 unconsti-
tutional, such adjudication shall in no manner affect the other
sections, subsections, sentences, clauses, or phrases of this Act, which
552
GENERAL ACTS AND RESOLUTIONS, VOL. I
shall remain of full force and effect as if the section, subsection,
sentence, clause, or phrase so declared or adjudged invalid or uncon-
stitutional 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.
GEORGIA LAWS 1981 SESSION
553
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.
554
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 Years 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.
GEORGIA LAWS 1981 SESSION
555
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.
556
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
557
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 l-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 sub-
stance drugs; to make criminal the failure to keep records by pharma-
cists 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.
558
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 specif-
ically 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 5-Monophosphate
Adenylic Acid
Adiphenine Hydrochloride
Adrenal Cortex Extracts
Albumin, Normal Human Serum
Albutonium
Alkaverir
Alkavervir
Allopurinol
Alpha Amylase
Alseroxylon
Aluminum Nicotinate
Alverine
Amentadine
Ambenonium Chloride
GEORGIA LAWS 1981 SESSION
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
560
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
561
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
562
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
563
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
564
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
565
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
566
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
Dibydroergocornine
Dihydroergocristine
Dihydroergocryptine
Dihydroergotamine
Dihydrostreptomycin
Dihydrotachysterol
Diiodohydroxyquin
Dimenhydrinate - Injection or Suppositories
Dimercaprol
GEORGIA LAWS 1981 SESSION
567
Dimethindene
Dimethisterone
Dimethyl Sulfoxide - See Exceptions
Dimethyl Tubocurarine
Dinoprost
Dinoprostone
Dioxyline
Diphemanil
Diphenadione
Diphenhydramine - See Exceptions
Diphenidol
Diphenylhydantoin
Diphenylpyr aline
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
568
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
569
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
570
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
Hartmans 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
GEORGIA LAWS 1981 SESSION
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 1-125 Serum Albumin
Iodinated 1-131 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
572
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
573
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
19
574
GENERAL ACTS AND RESOLUTIONS, VOL. I
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-l-Cysteine
N. Cattarhalis Antigen
Nadolol
Nafcillin
GEORGIA LAWS 1981 SESSION
575
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
Orthoicdobenzoic Acid
Oxacillin
Oxandrolone
Oxethazaine
Oxolinic Acid
Oxtriphylline
Oxybutynin
Oxygen for Human Use - See Exceptions
Oxymetholone
Oxyphenbutazone
576
GENERAL ACTS AND RESOLUTIONS, VOL. I
Oxyphencyclimine
Oxyphenisatin
Oxyphenonium
Oxyquinoline
Oxytetracycline
Oxytocin
P -Nitrosulfathiazole
Pancreatin Dornase
Pancreatic Enzyme
Pancrelipase
Pancuronium
Papaverine
Paramethadione
Paramethasone
Paranitrosulfathiazole
Parathyroid Injection
Pargyline
Paromomycin
Penicillamine
Penicillin
Penicillin G
Penicillin 0
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
GEORGIA LAWS 1981 SESSION
577
Phenothiazine Derivatives
Phenoxybenzamine
Phenoxymethyl Penicillin
Phenuprocoumon
Phensuximide
Phentolamine
Phenylbutazone
Phenylmercuric Acetate
Phenylmercuric Nitrate
Phenyltoloxamine Dihydrogen Citrate
Phthalylsulfacetamide
Phthalylsulfathiazole
Physostigmine
Phytonadione
Pilocarpine
Pipazethate
Pipenzolate
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
578
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
579
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
Ringers Injection
Rocky Mountain Spotted Fever Vaccine
Rolitetracycline
Rotoxamine
Rubella and Mumps Virus Vaccine
580
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
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
582
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
583
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
584
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
585
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.
586
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 ingredi-
ent 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 manufacturers label contains the wording
CAUTION: Federal Law Prohibits Dispensing Without Pre-
scription or similar wording.
GEORGIA LAWS 1981 SESSION
587
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 pur-
chased without a prescription provided the products are manufac-
tured 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
588
GENERAL ACTS AND RESOLUTIONS, VOL. I
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-3,5-Xylenol
Section 3. Code Section 79A-806, relating to Schedule I
controlled substance drugs, as amended, is hereby amended by
adding (25) l-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 sub-
stances, their salts, isomers (whether optical, position, or geometries),
and salts of isomers, unless specifically excepted, whenever the
existence of these salts, isomers, and salts of isomers is possible within
the specific chemical designation:
(1) 3,4-methylenedioxyamphetamine;
(2) 5-methoxy-3, 4-methylenedioxyamphetamine;
(3) 3,4,5-trimethoxyamphetamine;
(4) Bufotenine;
(5) Diethyltryptamine;
(6) Dimethyltryptamine;
GEORGIA LAWS 1981 SESSION
589
(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 con-
taining 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) 4-methoxyamphetamine;
(20) Cyanoethylamphetamine;
(21) (1-phenylcyclohexyl) ethylamine;
(22) l-( 1-phenylcyclohexyl) pyrrolidine;
590
GENERAL ACTS AND RESOLUTIONS, VOL. I
(23) Phencyclidine;
(24) 1 -piperidinocyclohexanecarbonitrile;
(25) l-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;
GEORGIA LAWS 1981 SESSION
591
(12) Fenfluramine;
(13) Diethylpropion;
(14) Phentermine;
(15) Chlordiazepoxide: but not including Librax
(Chlordiazepoxide Hydrochloride and Clidinium
Bromide) or Menrium (Chlordiazepoxide and Water Solu-
ble 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 con-
trolled 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.
592
GENERAL ACTS AND RESOLUTIONS, VOL. I
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:
79A-9905. Refusal to keep required records and permit inspec-
tion 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 Adminis-
tration; 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.
GEORGIA LAWS 1981 SESSION
593
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.
594
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
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
596
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 follow-
ing 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.
GEORGIA LAWS 1981 SESSION
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.
598
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Judicisd 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
A1 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
GEORGIA LAWS 1981 SESSION
599
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 rela-
tive 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
600
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 91 A-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 munici-
pality 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.
GEORGIA LAWS 1981 SESSION
601
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
602
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 educa-
tion, 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.
GEORGIA LAWS 1981 SESSION
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.
604
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Author-
ity 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
GEORGIA LAWS 1981 SESSION
605
providing for the issuance of the bonds. The Authority shall deter-
mine 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 autho-
rized 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 of 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 inden-
ture 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
20
606
GENERAL ACTS AND RESOLUTIONS, VOL. I
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, certifi-
cates 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.
GEORGIA LAWS 1981 SESSION
607
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 Legisla-
tion 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
608
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
FIREMENS 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 Firemens 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 retire-
ment benefits of eligible firemen who have previously retired; to
provide for other matters relative to the foregoing; to piovide 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 Firemens Retirement System, approved March 3,
GEORGIA LAWS 1981 SESSION
609
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 unconsti-
tutional, 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 uncon-
stitutional 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.
610
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 provi-
sions 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 members 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 members term; and, from each group of four
GEORGIA LAWS 1981 SESSION
611
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
members 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, particu-
larly 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,
21
612
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 examina-
tions 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, particu-
larly by an Act approved March 31,1980 (Ga. Laws 1980, p. 1328), is
hereby amended by striking from division 88-2010(b)(l)(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 an autopsy is required in accord-
ance 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.
GEORGIA LAWS 1981 SESSION
613
(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 subsec-
tion.
(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
decedents 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 decedents death:
614
GENERAL ACTS AND RESOLUTIONS, VOL. I
(i) The decedents spouse;
(ii) If no spouse survives him, any of the decedents
adult children;
(iii) If no adult children or spouse survive him,
either of the decedents parents;
(iv) If no parents, adult children, or spouse survive
him, any of the decedents brothers or sisters; or
(v) If none of the foregoing survive him, dece-
dents next of kin.
(2) No coroner, medical examiner, hospital, funeral direc-
tor, 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)(l)(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.
GEORGIA LAWS 1981 SESSION
615
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 deter-
mining 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
616
GENERAL ACTS AND RESOLUTIONS, VOL. I
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, includ-
ing, 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.
GEORGIA LAWS 1981 SESSION
617
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;
618
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 sub-
ject to the exclusion provided in paragraph (A) which arises
after such vehicle becomes subject to the operation of para-
graph (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 exclu-
sion 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 subsec-
tion (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.,
GEORGIA LAWS 1981 SESSION
619
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:
620
GENERAL ACTS AND RESOLUTIONS, VOL. I
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;
GEORGIA LAWS 1981 SESSION
621
(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 conflict-
ing 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:
622
GENERAL ACTS AND RESOLUTIONS, VOL. I
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:
GEORGIA LAWS 1981 SESSION
623
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
624
GENERAL ACTS AND RESOLUTIONS, VOL. I
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,
GEORGIA LAWS 1981 SESSION
625
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 AMENDED
POSSESSION 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 Bever-
ages 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 conflict-
ing laws; and for other purposes.
626
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Sec-
tion 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 alco-
holic beverages are used by a teacher for educational purposes nor to
any situation where alcoholic beverages are used in a religious cere-
mony 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 bank-
ruptcy; to provide for the automatic repeal of certain Code sections
GEORGIA LAWS 1981 SESSION
627
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 construc-
tion; 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 Bank-
ruptcy Reform Act of 1978 which was enacted after 8 years of study
and debate and which was the first substantial reform of the bank-
ruptcy 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 exemp-
tions, 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 debtors 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 debtors right to receive:
628
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) A social security benefit, unemployment compen-
sation, or a local public assistance benefit;
(B) A veterans 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 debtors interest, not to exceed $800.00 in value, in
one motor vehicle; and
(4) The debtors 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 debtors interest in the items contained in this
subsection shall not exceed $3500 in total value; and
(5) The debtors aggregate interest, not to exceed $400.00 in
value, in jewelry held primarily for the personal, family, or house-
hold use of the debtor or a dependent of the debtor; and
(6) The debtors 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 debtors 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
GEORGIA LAWS 1981 SESSION
629
(9) The debtors 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 debtors right to receive, or property that is
traceable to:
(A) an award under a crime victims 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 individuals 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:
630
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) The debtors 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 debtors right to receive:
(A) A social security benefit, unemployment compen-
sation, or a local public assistance benefit;
(B) A veterans 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 debtors interest, not to exceed the total of $1,000.00
in value, in all motor vehicles; and
(4) The debtors 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 debtors interest in the items contained in this
subsection shall not exceed $3,500.00 in total value; and
(5) The debtors aggregate interest, not to exceed $500.00 in
value, in jewelry held primarily for the personal, family, or house-
hold use of the debtor or a dependent of the debtor; and
(6) The debtors 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
GEORGIA LAWS 1981 SESSION
631
(7) The debtors 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 debtors 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 debtors right to receive, or property that is
traceable to:
(A) an award under a crime victims 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 individuals 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.
632
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 indi-
vidual 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.
GEORGIA LAWS 1981 SESSION
633
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 Person-
nel 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.
634
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 pur-
poses.
Be it enacted by the General Assembly of Georgia:
Section 1. The General Assembly hereby finds that an amend-
ment 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 oclock
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 require-
GEORGIA LAWS 1981 SESSION
635
merits relating to notice of and conduct of any such public sale as may
be contained in other provisions of this Code, but shall be supplemen-
tary thereto.,
and inserting in lieu thereof the following:
(31.1) Public salemeans 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 oppor-
tunity 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 adver-
tising 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 sheriffs 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 supple-
mentary thereto.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 7,1981.
636
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 employ-
ment 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 employ-
ment 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 employ-
ment 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 retire-
ment 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 nonfor-
feitable annual retirement benefit from a pension, profit-sharing,
savings, or deferred compensation plan, or any combination of such
GEORGIA LAWS 1981 SESSION
637
plans, of the employer of such employee, which equals, in the aggre-
gate, 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 depart-
ments 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 Depart-
ments hereunder, unless such law shall specifically so provide.,
in its entirety.
22
638
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Com-
pact; 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.-Dee.
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
GEORGIA LAWS 1981 SESSION
639
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 Inter-
state 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.-Dee. 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:
640
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 employ-
ees, 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
GEORGIA LAWS 1981 SESSION
641
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 relation-
ship 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.
642
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 corpo-
ration, 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 relation-
ship 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.
GEORGIA LAWS 1981 SESSION
643
(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 corpo-
ration, 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
644
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 resigna-
tion 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 certifi-
cates 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.
GEORGIA LAWS 1981 SESSION
645
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 com-
pany 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 assem-
bly),
(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:
646
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 con-
ducted 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 commis-
sioner 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 there-
after 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, forfei-
tures, 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
GEORGIA LAWS 1981 SESSION
647
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 Invest-
igation 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 inspec-
tion.
648
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) If, upon inspection by the Georgia Bureau of Invest-
igation, 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.
GEORGIA LAWS 1981 SESSION
649
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 subsec-
tions (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 manufacturers 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:
650
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) Three times the amount of actual damages sus-
tained 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 rea-
sonable 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 subsec-
tion maybe brought within two years from the date of the viola-
tion.,
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.
GEORGIA LAWS 1981 SESSION
651
(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 manufacturers 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 sus-
tained 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 rea-
sonable 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 subsec-
tion 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.
652
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 countys 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;
GEORGIA LAWS 1981 SESSION
653
(3) Officers, firemen, and other personnel of any fire depart-
ment 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 commis-
sioners by the administrative head thereof as indispensable to the
effective operation of such department;
(4) Physicians, surgeons, medical interns, and medical tech-
nicians 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.
654
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 princi-
pal or any branch office within the incorporated area of such munici-
pality of (2) the wrecker service generates 50 percent of its gross
income from business within the incorporated area of such municipal-
ity.
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.
GEORGIA LAWS 1981 SESSION
655
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.
656
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 7,1981.
GEORGIA STATE WAREHOUSE ACT AMENDED
WAREHOUSE 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.-Dee. 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.-Dee. 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.,
GEORGIA LAWS 1981 SESSION
657
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.
658
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 com-
merce, 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 inspec-
tion, 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 slaugh-
tering and handling in connection with slaughter of livestock shall be
in accordance with such a method.
GEORGIA LAWS 1981 SESSION
659
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 equi-
nes, 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 trans-
portation, 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 mis-
branded.
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
660
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) By slaughtering in accordance with the ritual require-
ments of the Jewish faith or any other religious faith that pre-
scribes 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 slaugh-
tering 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 CONSTITUTION-
SUMMARIES 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 citi-
zens; to provide for other matters relative thereto; to repeal conflict-
ing laws; and for other purposes.
GEORGIA LAWS 1981 SESSION
661
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 sum-
mary 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 citi-
zens 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 pro-
vided 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
662
GENERAL ACTS AND RESOLUTIONS, VOL. I
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, municipal-
ity, or other political subdivision to defer an employees compensa-
tion, 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, munici-
pality, or other political subdivision to defer an employees compen-
sation, 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
GEORGIA LAWS 1981 SESSION
663
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 compensa-
tion 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 tempo-
rarily caring for persons who are subject to family violence; to define
664
GENERAL ACTS AND RESOLUTIONS, VOL. I
certain terms; to provide for the duties and functions of the Depart-
ment 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 estab-
lishment of family violence shelters.
(3) To approve or reject each application within 60 days of
receipt of the application.
GEORGIA LAWS 1981 SESSION
665
(4) To distribute funds to a certified shelter as funds
become available.
(5) To fund other programs aiding victims of family vio-
lence 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 pro-
gram on family violence and cooperate with and assist and partici-
pate in programs of other properly qualified agencies, including
any agency of the federal government, schools of medicine, hospi-
tals, 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.
666
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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, commod-
ities, 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 pur-
suant 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.
GEORGIA LAWS 1981 SESSION
667
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 Depart-
ment 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 Educa-
tion 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.
668
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 tempo-
rary 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:
GEORGIA LAWS 1981 SESSION
669
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 otolaryngolo-
gists 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 Agen-
cies, 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 subsec-
tion (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.,
23
670
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 subsec-
tion (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:
GEORGIA LAWS 1981 SESSION
671
(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 circum-
stances. 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.
672
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
673
(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
employers 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 appropri-
ation, 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 States account in the
unemployment trust fund by the Secretary of the Treasury of the
674
GENERAL ACTS AND RESOLUTIONS, VOL. I
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, equip-
ment, supplies, and the construction of buildings or parts of build-
ings, 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 States 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 autho-
rized to be allocated for expenses incurred in the administration of
the Employment Security Law, as amended, including personal ser-
vices, 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
GEORGIA LAWS 1981 SESSION
675
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 accom-
plish 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 States 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.
676
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 previ-
ously sentenced under this Act who receive subsequent consecutive
misdemeanor sentences; to provide an effective date; to repeal con-
flicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. 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
GEORGIA LAWS 1981 SESSION
677
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 alterna-
tive 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 conflict-
ing 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
678
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 doctors affidavit
stating that such person is a temporarily handicapped person and
stating a date until which such person is likely to remain handi-
capped. 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.
GEORGIA LAWS 1981 SESSION
679
(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 doctors 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 indi-
viduals 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 veter-
ans 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.
680
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 desig-
nated 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 visitors 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.
GEORGIA LAWS 1981 SESSION
681
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 subsec-
tion (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.
682
GENERAL ACTS AND RESOLUTIONS, VOL. I
TRAVEL EXPENSES OF DISTRICT ATTORNEYS
AND ASSISTANT DISTRICT ATTORNEYS.
Code Section 24-2905.1 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.
GEORGIA LAWS 1981 SESSION
683
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.
684
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
685
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 Governors family,
the Lieutenant Governors family, and the Speakers 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;
686
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
687
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 clerks 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 addi-
tional 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
688
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Adminis-
trative 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 equip-
ment 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 POWER-DRAWN NETS.
Code Section 45-902 Amended.
No. 511 (House Bill No. 253).
AN ACT
To amend Code Section 45-902, relative to fishing with power-
drawn 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
GEORGIA LAWS 1981 SESSION
689
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 power-
drawn 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 Janu-
ary, 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.
690
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 ren-
dered 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.,
GEORGIA LAWS 1981 SESSION
691
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 licentiates 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 intem-
perance 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 circula-
tion of an advertisement relative to any disease of the sexual organs;
knowingly making any fraudulent, misleading, or deceptive state-
ment in any form of advertising or making any statement in any
advertising concerning the quality of the chiropractic services ren-
dered 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.
692
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 appoint-
ment 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 appoint-
ment and until their successors are appointed and qualified. Vacan-
cies 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.
GEORGIA LAWS 1981 SESSION
693
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
694
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
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 retire-
ment, 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 members surviving spouse, and if there is no
surviving spouse, then to such members named beneficiary, and if
there is no named beneficiary, then to such members 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 sheriffs surviving spouse, and if there is no surviving
spouse, then to such member sheriffs named beneficiary, and if there
is no named beneficiary, then into such member sheriffs 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 benefi-
ciary 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 mem-
bership 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 bene-
696
GENERAL ACTS AND RESOLUTIONS, VOL. I
fits 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 members 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.
GEORGIA LAWS 1981 SESSION
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 attorneys estate shall receive from said fund the remain-
der 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.
698
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 retire-
ment system.
GEORGIA LAWS 1981 SESSION
699
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.,
700
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 members 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
GEORGIA LAWS 1981 SESSION
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 com-
petency 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 person-
nel 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 prepara-
tion and filing of claims for benefits and in acquainting them with all
legal rights and privileges.
24
702
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 circum-
stances receive from the United States.
GEORGIA LAWS 1981 SESSION
703
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 con-
flicting 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.
704
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved 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 wift 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.,
GEORGIA LAWS 1981 SESSION
705
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.
706
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
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 immedi-
ately 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
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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 supple-
mental 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 govern-
ing 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 neces-
sary 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
GEORGIA LAWS 1981 SESSION
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 neces-
sary 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 pur-
poses.
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 techni-
cian 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
GEORGIA LAWS 1981 SESSION
711
over those identification technicians whose duties include the invest-
igation 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 attorneys 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 para-
graph (5) of subsection (b) of the material designated as Code Section
24-2919.1 the following:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Sec-
tion 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 per-
formed 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.
GEORGIA LAWS 1981 SESSION
713
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 sheriffs 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:
714
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 68-214, 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
GEORGIA LAWS 1981 SESSION
715
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 agents 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.
716
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 owners
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.
GEORGIA LAWS 1981 SESSION
717
Section 6. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 7,1981.
STATE DEPARTMENT OF COMMUNITY AFFAIRS
CODES.
No. 530 (House Bill No. 372).
AN ACT
To amend an Act providing for the transfer of functions, person-
nel, 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.
718
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 author-
ity 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 provi-
sions relating to assumptions of family farm loans; to clarify the rule-
making 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
GEORGIA LAWS 1981 SESSION
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 multi-
family 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 offer-
ing 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 improve-
ment within Georgia undertaken primarily to provide single-family or
multifamily dwelling accommodations for eligible persons and fami-
lies, including the acquisition, construction or rehabilitation of real
property, buildings and improvements thereto and such community
facilities as may be incidental or appurtenant thereto.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 institu-
tion 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, build-
ings, 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, live-
stock, 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 secu-
rity which is guaranteed as to principal and interest by the Govern-
ment 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:
GEORGIA LAWS 1981 SESSION
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 commit-
ments 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 para-
graph (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 con-
struction 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 author-
ity 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 single-family 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.
722
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 indi-
cated 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
GEORGIA LAWS 1981 SESSION
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 Invest-
ment 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 partici-
pations 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 construc-
tion, 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 demon-
strated a need for the loan;
724
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 stan-
dards prescribed by the authority;
(7) that family farming will be the applicants 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 appli-
cants 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 lim-
ited 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
GEORGIA LAWS 1981 SESSION
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 conve-
nient 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
726
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 multi-
family 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 defini-
tions; 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.
GEORGIA LAWS 1981 SESSION
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 84-707.1, 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 Den-
tistry 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 stan-
dards 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
728
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 Maxi-
llofacial 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 88-1901, relating to definitions regarding hospitals
and related institutions, as now or hereafter amended, pro-
vided that such anesthesiologist shall remain on the premises
of the dental facility until any patient given a general anes-
thetic regains consciousness.
(d) The Board may grant a provisional permit to any dentist who
meets the requirements of subparagraphs (A), (B), or (C) of para-
graph (2) of subsection (c) of this Section, but such permit shall
expire one year after its issuance or upon the Boards 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 anes-
thesia 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 Admin-
istrative 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 autho-
rized 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.
GEORGIA LAWS 1981 SESSION
729
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 reinstate-
ment 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 amenda-
tory 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.
730
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved 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,
GEORGIA LAWS 1981 SESSION
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 unconsti-
tutional, 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 uncon-
stitutional 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.
732
GENERAL ACTS AND RESOLUTIONS, VOL. I
THE LENDER CREDIT CARD ACT AMENDED
ANNUAL 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.
GEORGIA LAWS 1981 SESSION
733
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.
734
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
735
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 cosign-
ers 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 guaran-
teed 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
736
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 purpose; to provide for eligibility
for scholarships; to provide for the selection of nominees for scholar-
ships by members of the General Assembly; to provide for a selection
committee and its duties; to provide for the coverage of the scholar-
ships; 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 Cc poration
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.
GEORGIA LAWS 1981 SESSION
737
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 stu-
dents 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 32-3303 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.
738
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 pay-
ments 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 secre-
tary (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
GEORGIA LAWS 1981 SESSION
739
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 secre-
tary.
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 32-3307 and inserting in lieu thereof the word secre-
tary.
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
32-3307 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:
740
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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:
GEORGIA LAWS 1981 SESSION
741
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 corpora-
tion 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 students or parents 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.
742
GENERAL ACTS AND RESOLUTIONS, VOL. I
(18) Special allowance payments. The special allowance pay-
ments 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, how-
ever, (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.
GEORGIA LAWS 1981 SESSION
743
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 striking 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
744
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 autho-
rized to make service-cancelable educational loans to residents of
Georgia who are eligible members of the Georgia National Guard and
who are enrolled at the undergraduate level in a private or public
college or public vocational-technical 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 students 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 member-
ship service for each year of half-time academic study. The adjutant
general of Georgia shall certify eligibility and termination of eligibil-
ity 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.
GEORGIA LAWS 1981 SESSION
745
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 agree-
ments, 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 admin-
istration 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 32-3759 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:
746
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 Sections 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 accredi-
tation 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 schools 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
GEORGIA LAWS 1981 SESSION
747
$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 Assem-
bly. 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:
748
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Georgias most gifted young people who are interested in
pursuing a military career to attend the states premier senior mili-
tary 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 excel-
lence 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 stan-
dards 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.
GEORGIA LAWS 1981 SESSION
749
(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.
750
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 Commit-
tee 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 congres-
sional 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 excel-
lence and conduct necessary for continued eligibility for a scholar-
ship under this Act.
(2) To monitor the performance of the recipients of scholar-
ships under this Act in accordance with the standards promul-
gated 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. Scholar-
ship assistance may be provided to a recipient under this article for a
maximum period of 12 academic quarters.
GEORGIA LAWS 1981 SESSION
751
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 32-3784(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 contin-
ued 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 here-
under.
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
752
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 educa-
tional 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 respec-
tively.
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 uncon-
stitutional 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.
GEORGIA LAWS 1981 SESSION
753
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 orga-
nized 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;
754
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 deter-
mining 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 mainte-
nance of books and records in sufficient form to enable the depart-
ment to carry out its responsibilities hereunder.
(d) The department may enter into cooperative and reciprocal
agreements with the credit union regulatory authority of any govern-
ment 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 compli-
ance 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.
GEORGIA LAWS 1981 SESSION
755
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.,
756
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 educa-
tion, 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
GEORGIA LAWS 1981 SESSION
757
(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 regula-
tions 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 child-
ren.
(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 pro-
gram 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,
758
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 enforce-
ment 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
GEORGIA LAWS 1981 SESSION
759
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.
760
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 insur-
ance 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 subsec-
tion (c) of Section 9 of said Act, relating to form of premium finance
agreements, the following:
GEORGIA LAWS 1981 SESSION
761
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.
762
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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.
GEORGIA LAWS 1981 SESSION
763
PROFESSIONAL ENGINEERS AND LAND SURVEYORS
ACT 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-in-Training 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 bachelors 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 survey-
ing 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
764
GENERAL ACTS AND RESOLUTIONS, VOL. I
(ii) Earn an associate degree, or its equivalent, in a curricu-
lum 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 Boards written examination in the
fundamentals of land surveying (Land Surveyor-in-Training exami-
nation).
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 survey-
ing 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 princi-
ples and practices of land surveying and the laws of Georgia
relating to land surveying (Land Surveyor examination); or
GEORGIA LAWS 1981 SESSION
765
(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 princi-
ples 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 survey-
ing; and
(iii) Subsequently pass a written examination on the princi-
ples 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.
26
766
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Educa-
tion 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 subsec-
tion (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
GEORGIA LAWS 1981 SESSION
767
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 Registra-
tion of Used Car Dealers to deny or to refuse to renew a license upon
certain enumerated grounds and to probate a suspension or revoca-
tion 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:
768
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 atten-
dance 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 dealers license, including the power to probate a suspen-
sion or revocation.
Section 3. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
GEORGIA LAWS 1981 SESSION
769
Section 4. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 7,1981.
GEORGIA CIVIL PRACTICE ACT AMENDED
DEFAULT 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 automat-
ically 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
770
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 inter-
national banking facilities within this state; to provide for a short
title; to provide for definitions; to provide the procedures for estab-
lishing and operating such facilities; to provide for the rejection of
GEORGIA LAWS 1981 SESSION
771
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 Institu-
tions 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; establish-
ment 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 facil-
ity and annually thereafter for so long as the facility shall continue in
772
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 adminis-
tering 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 govern-
ing body of the registrant authorizing the establishment of the
facility;
(6) A statement of the registrant that it has the legal capac-
ity 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 establish-
ment of such facility; and
(7) Such other information as the department may require.
Information required in paragraphs (5) and (6) need not be resubmit-
ted 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:
GEORGIA LAWS 1981 SESSION
773
(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 subsec-
tion (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
774
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Educa-
tion 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:
GEORGIA LAWS 1981 SESSION
775
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 deter-
mined in subsection (f) shall be reduced by the effect of funding this
type project prior to the determination of the current annual entitle-
ment.
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:
776
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Code Chapter 91A-32, relating to intangible recording
tax, is hereby amended by striking Code Section 91A-3213, relating to
instruments not subject to intangible recording tax, and inserting in
its place a new Code Section 91A-3213 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 refi-
nancing 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 long-term 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.
GEORGIA LAWS 1981 SESSION
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 relat-
ing thereto until July 1,1987; to provide for the time of the termina-
tion 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 Registra-
tion 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 Agen-
cies, 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
778
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
779
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the Georgia Peace Officer Stan-
dards 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 comply-
ing 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 termina-
tion 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
780
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
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 employ-
ment 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:
84-4004. 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 regulat-
ing 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.
782
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 employ-
ment 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:
GEORGIA LAWS 1981 SESSION
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.l) to read as follows:
(b.l) 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 infirma-
ries 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 phar-
macy 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 equip-
ment, and Code Section 79A-510, relating to prescription depart-
ments, 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 phar-
macy 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 equip-
ment, and Code Section 79A-510, relating to prescription depart-
ments, 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.
784
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
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 regard-
ing 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 patients treatment determine at any point
in the patients treatment that, because of a change in the patients
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 treat-
ment of the patient, to authorize any peace officer to take the patient
786
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 patients treatment determine at any point
in the patients treatment that, because of a change in the patients
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 treat-
ment 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
GEORGIA LAWS 1981 SESSION
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 physi-
788
GENERAL ACTS AND RESOLUTIONS, VOL. I
cian in charge of the patients treatment determine at any point in the
patients treatment that, because of a change in the patients condi-
tion, the least restrictive alternative which would accomplish the
treatment goals is hospitalization of the patient, the treating physi-
cian 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 pend-
ing 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 physi-
cian in charge of the patients treatment determine at any point in the
patients treatment that, because of a change in the patients condi-
tion, the least restrictive alternative which would accomplish the
treatment goals is hospitalization of the patient, the treating physi-
cian 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 individ-
ualized service plan for the patient. Copies of such petition shall be
served upon the patient and his representatives, within five days after
GEORGIA LAWS 1981 SESSION
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 tra-
verse public property; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
790
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 con-
structing 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 subdivi-
sion 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, includ-
ing 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.
GEORGIA LAWS 1981 SESSION
791
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:
91A-326.1. 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.
792
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) Amounts of taxes due on more than one piece of real prop-
erty 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:
GEORGIA LAWS 1981 SESSION
793
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 establish-
ment 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 compli-
ance 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 establish-
ment 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.
794
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 corpora-
tion, 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 autho-
rized 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 childs
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 relation-
ship 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
childs 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
GEORGIA LAWS 1981 SESSION
795
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 superinten-
dent 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 certifi-
cate 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 Regula-
tions 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.
796
GENERAL ACTS AND RESOLUTIONS, VOL. I
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:
GEORGIA LAWS 1981 SESSION
797
(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 pay-
ments 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 determina-
tion 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.
27
798
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 provi-
sions 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 sever-
ability; 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
GEORGIA LAWS 1981 SESSION
799
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 substi-
tuting in lieu thereof a new section which reads as follows:
45-116. Conservation Rangers. Within the department is estab-
lished 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 commis-
sioner 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 pro-
vided 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 per-
taining to the department.
Section 3. Said Code title is further amended by striking in its
entirety Section 45-121 pertaining to wildlife technicians and substi-
tuting 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:
800
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 identifica-
tion) 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 owners 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;.32-20; .32-
40; .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.
GEORGIA LAWS 1981 SESSION
801
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:
45-507. 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 Limil
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.
802
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Man-
agement Area.
(5) Mountaintown Creek and its tributaries above SCS
Structure No. 2.
GEORGIA LAWS 1981 SESSION
803
(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 Dicks 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.
804
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 uncon-
stitutional 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.
GEORGIA LAWS 1981 SESSION
805
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 pro-
gram 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 transfer-
able 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 COMPENSATIONATTORNEYS FEES.
Code Section 114-712 Amended.
No. 563 (House Bill No. 549).
AN ACT
To amend Code Section 114-712, relating to attorneys fees with
respect to workers compensation cases, as amended, so as to elimi-
nate the requirement that attorneys fees assessed against an oppo-
806
GENERAL ACTS AND RESOLUTIONS, VOL. I
sing 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 attorneys 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 attorneys fees made under this subsec-
tion 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
GEORGIA LAWS 1981 SESSION
807
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 occu-
pied 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 build-
ings 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.
808
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Com-
mission 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.
GEORGIA LAWS 1981 SESSION
809
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 insur-
ance 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 Commis-
sioner 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
810
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 corporations or insurers 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 companys 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 Commissioners 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 indebted-
ness 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 require-
ments of this Chapter.
Section 2. Said Code Chapter is further amended by striking
from Code Section 56-2012, relating to limits of single risk, the
following:
GEORGIA LAWS 1981 SESSION
811
Amount of Insurance in Force
Maximum Risk
$ 100,000 but less than
$ 250,000 but less than
$ 400,000 but less than
$ 600,000 but less than
$ 900,000 but less than
$ 1,200,000 but less than
$ 1,500,000 but less than
$ 2,000,000 but less than
$ 2,500,000 but less than
$ 3,000,000 but less than
$ 3,500,000 and over
$ 250,000 $ 2,000
$ 400,000 $ 2,500
$ 600,000 $ 3,000
$ 900,000 $ 4,000
$1,200,000 $ 5,000
$1,500,000 $ 5,500
$2,000,000 $ 6,000
$2,500,000 $ 7,000
$3,000,000 $ 8,000
$3,500,000 $ 9,000
$10,000,
and inserting in lieu thereof the following:
Amount of Insurance in Force
Maximum Risk
$ 100,000 but less than
$ 250,000 but less than
$ 400,000 but less than
$ 600,000 but less than
$ 900,000 but less than
$1,200,000 but less than
$1,500,000 but less than
$2,000,000 but less than
$2,500,000 but less than
$3,000,000 but less than
$3,500,000 but less than
$7,000,000
$7,000,000 and over
$ 250,000 $ 2,000
$ 400,000 $ 2,500
$ 600,000 $ 3,000
$ 900,000 $ 4,000
$1,200,000 $ 5,000
$1,500,000 $ 5,500
$2,000,000 $ 6,000
$2,500,000 $ 7,000
$3,000,000 $ 8,000
$3,500,000 $ 9,000
$10,000
$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 insur-
ance 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
812
GENERAL ACTS AND RESOLUTIONS, VOL. I
$ 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
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 PAROLES
REVOCATION 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.
GEORGIA LAWS 1981 SESSION
813
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
814
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 violators arrest; or
(4) after a determination has been made that no prelimi-
nary 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.
GEORGIA LAWS 1981 SESSION
815
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 Firemens 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
816
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Firemens 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.
GEORGIA LAWS 1981 SESSION
817
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 con-
tract 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. Notwith-
standing 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.
818
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
819
notify, in writing, the librarian on a form provided by the librarian.
Upon receiving such written notification, the librarian shall distri-
bute 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;
820
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Presi-
dent 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.
GEORGIA LAWS 1981 SESSION
821
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 recommenda-
tions. The council shall cooperate with departments, agencies, and
instrumentalities of the state government and its political subdivi-
sions 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 govern-
ment.
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.
822
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 84-3, 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 com-
pliance 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 Sections 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 speci-
fications 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.
GEORGIA LAWS 1981 SESSION
823
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
824
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 commer-
cial 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 unconsti-
tutional, 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 uncon-
stitutional were not originally a part hereof. The General Assembly
GEORGIA LAWS 1981 SESSION
825
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
826
GENERAL ACTS AND RESOLUTIONS, VOL. I
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, includ-
ing 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 insureds 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
Marshals 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.
GEORGIA LAWS 1981 SESSION
827
(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 receiv-
ing 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 Marshals Office or other authorized law enforce-
ment 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 reason-
able 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 regard-
ing the fire loss of real or personal property in any civil action in which
any person seeks recovery under a policy against an insurance com-
pany for the fire loss.
(f) (1) No person shall purposely refuse to release any informa-
tion 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 subsec-
tion (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.
828
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 sum-
mons; 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 misdemean-
ors 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).,
GEORGIA LAWS 1981 SESSION
829
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.
28
830
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 represen-
tative at any time during the school day. Such records and reports
shall not be used for any purpose except providing necessary atten-
dance 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.
GEORGIA LAWS 1981 SESSION
831
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 corpora-
tion 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 prop-
erty 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:
832
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 unconsti-
tutional, 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 uncon-
stitutional 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 approva'
GEORGIA LAWS 1981 SESSION
833
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.
834
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 prop-
erty 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 foreclosure 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:
GEORGIA LAWS 1981 SESSION
835
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 sheriffs 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.
836
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 prop-
erty. 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 Administra-
tor of the Subsequent Injury Trust Fund informed as to any proposed
GEORGIA LAWS 1981 SESSION
837
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 Administrators 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 Compensa-
tion, 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 settle-
ment 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 settle-
ment agreement, and the State Board of Workers Compensation
approves said agreement presented to it, the reimbursement agree-
ment between the employer or the insurer and the Subsequent Injury
836
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 prop-
erty. 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 Administra-
tor of the Subsequent Injury Trust Fund informed as to any proposed
GEORGIA LAWS 1981 SESSION
837
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 Administrators 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 Compensa-
tion, 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 settle-
ment 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 settle-
ment agreement, and the State Board of Workers Compensation
approves said agreement presented to it, the reimbursement agree-
ment between the employer or the insurer and the Subsequent Injury
838
GENERAL ACTS AND RESOLUTIONS, VOL. I
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:
GEORGIA LAWS 1981 SESSION
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 Depart-
ment 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 Depart-
ment 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 unconsti-
tutional, such adjudication shall in no manner affect the other
840
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 uncon-
stitutional 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 AMENDED
EXEMPTIONS.
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:
GEORGIA LAWS 1981 SESSION
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 super-
vised 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.
842
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 fire-
fighters 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 municipal-
ity 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,
GEORGIA LAWS 1981 SESSION
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 com-
pensation 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 firefighters 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:
844
GENERAL ACTS AND RESOLUTIONS, VOL. I
$115,
so that when so amended Code Section 114-404 shall read as follows:
114-404. Income benefits for total disability. While the disabil-
ity 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 employees 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:
GEORGIA LAWS 1981 SESSION
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 require-
ments 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 licen-
sure; 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:
846
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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
ranch service building. Nothing in this subsection shall be construed
to limit the application of any resolution, ordinance, code, or inspec-
tion requirements of a county or municipality relating to such connec-
tions.
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 commence-
ment 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:
GEORGIA LAWS 1981 SESSION
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 unen-
forceable.,
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 67-
2001 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 pur-
ported 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.
848
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 41A-1610, 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 con-
trary, 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 decedents representative prior to the death of the decedent.
GEORGIA LAWS 1981 SESSION
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 autho-
rized 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.,
850
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Com-
mittee shall consist of the members of the heretofore existing Fran-
klin 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 busi-
ness. 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.
GEORGIA LAWS 1981 SESSION
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
members 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 members
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.
852
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 representa-
tives 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 represen-
tatives 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
GEORGIA LAWS 1981 SESSION
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 adminis-
trators 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.
854
GENERAL ACTS AND RESOLUTIONS, VOL. I
HEALTHCOMPENSATION OF EMPLOYEES OF
CERTAIN INSTITUTIONS FOR DAMAGES.
Code Section 88-2411 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.
GEORGIA LAWS 1981 SESSION
855
GEORGIA MEDICAL ASSISTANCE ACT OF 1977-
COMMISSIONERS 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 adminis-
trative 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
856
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 SERVICES
AUTOMOBILE 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
GEORGIA LAWS 1981 SESSION
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 Assem-
bly 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
858
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 comput-
ing 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 con-
trary 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
GEORGIA LAWS 1981 SESSION
859
$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 clerks or deputy clerks
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
860
GENERAL ACTS AND RESOLUTIONS, VOL. I
the four years service immediately preceding his or her retirement.
Any such clerk who is approved for the purpose of receiving retire-
ment 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 perma-
nent disability suffered by the clerk shall be determined by the Board
of Commissioners.
Section 4. Said Act 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:
GEORGIA LAWS 1981 SESSION
861
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 members 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.
29
862
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 8. In the event any section, subsection, sentence, clause,
or phrase of this Act shall be declared or adjudged invalid or unconsti-
tutional, 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 uncon-
stitutional 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, chang-
ing 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 apprehen-
sion of certain persons for failure to appear and penalties therefor; to
GEORGIA LAWS 1981 SESSION
863
amend Code Section 5A-9901.1, relating to penalties for furnishing
alcoholic beverages to and possession of alcoholic beverages by per-
sons 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:
864
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 other-
wise 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 drivers 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 subse-
quent disposition of the case shall be the same as provided for the
acceptance of a drivers 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 bever-
ages 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 issu-
ance 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
GEORGIA LAWS 1981 SESSION
865
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 drivers 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 subse-
quent disposition of the case shall be the same as provided for the
acceptance of a drivers 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
866
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 unincorpo-
rated 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 own-
ership 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.
GEORGIA LAWS 1981 SESSION
867
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 territo-
rial 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, particu-
larly 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:
868
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Code Section 72-201, relating to authorization and
procedure for abatement of nuisances generally, as amended, partic-
ularly 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.
GEORGIA LAWS 1981 SESSION
869
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 insur-
rection when he combines with others to overthrow or attempt to
overthrow the representative and constitutional form of the govern-
ment 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.
870
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 unconstitu-
tional 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
GEORGIA LAWS 1981 SESSION
871
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.
872
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 carry-
ing on in this State any trade or business under , any trade name or
partnership name or other names, which does not disclose the indi-
vidual 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
GEORGIA LAWS 1981 SESSION
873
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, partner-
ship, 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 commenc-
ing 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 sheriffs 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.
874
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 22-9901 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 contribu-
tions 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,
GEORGIA LAWS 1981 SESSION
875
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 impris-
onment 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 38-413 Repealed.
No. 603 (Senate Bill No. 48).
AN ACT
To repeal Code Section 38-413, relating to material facts discov-
ered by a confession; to repeal conflicting laws; and for other pur-
poses.
Be it enacted by the General Assembly of Georgia:
876
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 provi-
sions 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
GEORGIA LAWS 1981 SESSION
877
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
878
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 conflict-
ing 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:
GEORGIA LAWS 1981 SESSION
879
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 facili-
ties 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 inter-
sections; the establishment of limited-access public roads; the reloca-
tion 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 obsoles-
cence 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.
880
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
881
(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 vio-
lence, 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 agree-
ment 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 house-
hold of the parties and exclude the other spouse from the resi-
dence or household;
(3) Require a party to provide a spouse and his or her
children suitable alternate housing;
882
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Award temporary custody of minor children and estab-
lish 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
respondents 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 par-
ties;
(9) Order a party to refrain from harassing or interfering
with the other;
(10) Award costs and attorneys 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,,
GEORGIA LAWS 1981 SESSION
883
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 certifi-
cate 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
884
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 applica-
tion 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
GEORGIA LAWS 1981 SESSION
885
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 commis-
sioner the following:
or his appropriate authorized county tag agent so as to have the
application submitted to the commissioner or his appropriate autho-
rized 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
886
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 dealers state issued license and
registration for the sale of motor vehicles. Should the title applica-
tion 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 autho-
rized 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 certifi-
cate 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 dealers 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
GEORGIA LAWS 1981 SESSION
887
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 attorneys fees, occasioned by the
transferors 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
888
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 issu-
ance 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 dealers 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
GEORGIA LAWS 1981 SESSION
889
exempt from the provisions of this Act during this Acts implementa-
tion 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 certifi-
cate 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 appro-
priate authorized county tag agent no later than 90 days from the date
that the transferee acquired the interest in the vehicle, or the trans-
feree 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 issu-
ance 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
890
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 applica-
tion 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
LOO 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 subsec-
tion (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:
GEORGIA LAWS 1981 SESSION
891
(b) A security interest is perfected by delivery to the commis-
sioner 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 pro-
vided 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 resubmit-
ted 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:
892
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) With fraudulent intent, permits another, not enti-
tled 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 misde-
meanor 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.
GEORGIA LAWS 1981 SESSION
893
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 indus-
try, 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 indus-
try, 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.
30
894
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 allow-
ances 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
GEORGIA LAWS 1981 SESSION
895
The Speaker of the House of Representatives shall also receive the
salary and allowances authorized as a member of the General Assem-
bly. 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 fonother 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
896
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 succes-
sive 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 sicki ess insur-
ance 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:
GEORGIA LAWS 1981 SESSION
897
56-2447. Treatment of mental disorders, (a) For the purposes of
this Code section, the following words or terms shall have the follow-
ing 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 insur-
ance policy or contract as defined in Code Chapter 56-31,
relating to group and blanket accident and sickness insur-
ance;
(C) A group contract of the type issued by a hospital
service nonprofit corporation established under Code Chap-
ter 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
898
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 insureds 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, deduct-
ibles, 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 mainte-
nance 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.
GEORGIA LAWS 1981 SESSION
899
(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
900
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 qualifica-
tions 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
GEORGIA LAWS 1981 SESSION
901
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 Regis-
tration 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 what-
ever 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 corpo-
ration 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.
902
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 exclu-
sively upon stationary wheels or tracks or overhead trolley wires.
(11) Motor vehicle means every vehicle which is self-pro-
pelled, 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 replace-
ment of two or more major component parts; or
GEORGIA LAWS 1981 SESSION
903
(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 origi-
nally 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, underwrit-
ers, 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 Invest-
904
GENERAL ACTS AND RESOLUTIONS, VOL. I
igation 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
dismantles, used motor vehicle rebuilders, motor vehicle insurers;
and at least two members shall not be from any of the above-
mentioned 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 Assem-
bly receive for each days 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.
GEORGIA LAWS 1981 SESSION
905
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; self-insur-
ance. (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 pre-
scribed 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
906
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 dealers 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 pro-
spective 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 boards 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
GEORGIA LAWS 1981 SESSION
907
Secretary of State 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.
(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 subsec-
tion (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-insur-
ance 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 con-
cerning the applicants 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.
908
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 certifi-
cates.
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 applica-
tion accompanied by the required information and bond of insurance,
the board shall file such application and make a thorough invest-
igation of the application. When satisfied that the applicant, if an
individual, or each of the partners or principal officers of the appli-
cant, 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 corpora-
tion. 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
GEORGIA LAWS 1981 SESSION
909
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 con-
taining incorrect information or made any material misrepresen-
tation 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 applicants license has been issued or
refused.
910
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 com-
plaint 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
GEORGIA LAWS 1981 SESSION
911
(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 connec-
tion 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 involv-
ing 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 issu-
ance 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 enumer-
ated 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.
912
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 14. Licensees records, (a) Every licensee shall main-
tain 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 drivers 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 drivers 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 disman-
tler, 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 contain-
ing 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 identifica-
tion 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.
GEORGIA LAWS 1981 SESSION
913
Section 16. Inspection. Every person licensed under the provi-
sions 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. Noth-
ing in this Act shall prohibit any lawful regulation or licensing of used
car dealers, used motor vehicle parts dealers, dismantles, or rebuild-
ers 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 applicants 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, transfer-
ring, 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
914
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 municipal-
ity, 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.
GEORGIA LAWS 1981 SESSION
915
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 con-
duct 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.
916
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 9,1981.
MECHANICS AND MATERIALMENS LIENS
BONDING REQUIREMENTS.
Code Section 67-2004 Amended.
No. 615 (Senate Bill No. 126).
AN ACT
To amend Code Chapter 67-20, relating to mechanics and materi-
almens liens, as amended, so as to change certain bonding require-
ments; 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
materialmens 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
GEORGIA LAWS 1981 SESSION
917
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 1977-
CLAIMS.
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 recipients behalf by the Depart-
ment; 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 conflict-
ing laws; and for other purposes.
918
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 persons behalf by the
Department. The Commissioner shall waive such claim if he deter-
mines 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.
SHERIFFS RETIREMENT FUND OF GEORGIA
ACT AMENDED.
No. 617 (Senate Bill No. 141).
AN ACT
To amend an Act providing for a Sheriffs 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
GEORGIA LAWS 1981 SESSION
919
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 Sheriffs 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 adop-
tions, 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 Sheriffs 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.
920
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 institu-
tions 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 pre-
scribed by the Department of Human Resources. No institution shall
be operated in Georgia without such a permit, which shall be dis-
played 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
GEORGIA LAWS 1981 SESSION
921
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 certif-
ication 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 institutions 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 certifica-
tion 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 inspec-
tions for violations of said standards or requirements, or the revoca-
tion 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,
922
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 rela-
tive 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 24-
2701, relating to terms, in its entirety and inserting in lieu thereof a
new Code Section 24-2701 to read as follows:
24-2701. (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;
GEORGIA LAWS 1981 SESSION
923
(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 subpara-
graph 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 recog-
nized 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 qualifica-
tions 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 require-
ments 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 eligibil-
ity for retirement under the Superior Court Clerks Retirement
Fund of Georgia.
924
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 elec-
tion, 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.
GEORGIA LAWS 1981 SESSION
925
(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 succeed-
ing 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 consti-
tute a quorum for the transaction of business.
(3) The training council shall maintain minutes of its meet-
ings 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
31
926
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 subsec-
tion (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 continu-
ously 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 clerks or deputy clerks 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.
GEORGIA LAWS 1981 SESSION
927
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 pub-
lish 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 Commis-
sioner, 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
928
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 repre-
sentatives, 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 viola-
tion of the provisions of this Act, the Commissioner rr ay 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
GEORGIA LAWS 1981 SESSION
929
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 AMENDED
MINIMUM 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:
930
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Com-
missioner shall require, execute and file with the Commissioner a
good and sufficient bond to the State, executed only by a surety
corporation of the warehousemans 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 regula-
tions prescribed thereunder, said bond to be computed in direct ratio
to the licensed storage capacity of the warehouse bonded. The Com-
missioner 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 insuffi-
cient, 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 sus-
pended 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.
GEORGIA LAWS 1981 SESSION
931
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 retire-
ment, 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
systems 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
932
GENERAL ACTS AND RESOLUTIONS, VOL. I
qualifying to participate, the nature of benefits under the plan, and
the manner in which the local retirement system is funded. Begin-
ning 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 actuar-
ial 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 subdivi-
sion. 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. Munici-
palities 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 actu-
arial 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 retire-
ment 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
GEORGIA LAWS 1981 SESSION
933
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 contri-
butions, investment income, gains from the sale of the systems
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 systems assets, and adminis-
trative expenses of the system.
(c) The financial report shall also include statistics on the mem-
bership and beneficiaries of the local retirement system. There shall
be attached to the financial report an exhibit showing all amend-
ments 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,
934
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 auditors 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 Admin-
istrative 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.
GEORGIA LAWS 1981 SESSION
935
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
936
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 indus-
trial 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
GEORGIA LAWS 1981 SESSION
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 bene-
fits 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
938
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 sur-
plus, if any, that will accrue on the policy anniversary or other
dividend date specified in the policy. Except as hereinafter pro-
vided, 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 nonforfei-
ture 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
GEORGIA LAWS 1981 SESSION
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 insurers 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 mortal-
ity 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
940
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 rein-
statement 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 agents license number and signa-
ture 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 repre-
sents 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 insurers
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
GEORGIA LAWS 1981 SESSION
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 applica-
tion 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 warran-
ties. No statement in the application shall be used to void the
policy or deny payment of a claim unless a copy of such applica-
tion 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 privi-
lege 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 appli-
cant 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;
942
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) The following statements shall appear on the applicants
copy in not less than ten point type:
(A) You may wish to compare the total cost of this
insurance policy with your net income.
(B) I hereby certify, as signed below, that I was given
an exact copy of this application at the time this application
was made to the agent of record whose signature appears
below.
Applicants Signature
(C) I, as the agent of record, hereby certify as signed
below, that I gave the applicant, whose signature appears
above, an exact copy of this application at the time this
application was taken. I further certify that I have inquired of
the applicant as to all policies in force and that I have listed
all such policies on said application.
Agents Signature
Agents License Number
(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
GEORGIA LAWS 1981 SESSION
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 knowl-
edge 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
56-2503.1,56-2504,56-2507,56-2508,56-2509, 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,
944
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 56-2502, 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 contro-
versy 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 insur-
ance, 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
GEORGIA LAWS 1981 SESSION
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 implementa-
tion 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.
946
GENERAL ACTS AND RESOLUTIONS, VOL. I
LICENSES TO CARRY PISTOLS OR REVOLVERS
RETIRED 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 enforce-
ment 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.
GEORGIA LAWS 1981 SESSION
947
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, dam-
aging, 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
948
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 com-
puter systems that automatically transmit data over communica-
tion 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 machine-
readable 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
GEORGIA LAWS 1981 SESSION
949
card, or marketable security, or any computer system representa-
tion 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 pro-
grams, 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 intellec-
tual 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, representa-
tions, 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
950
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 further-
ance 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 pro-
gram 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 govern-
mental 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.
GEORGIA LAWS 1981 SESSION
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 collec-
tors and tax commissioners, approved March 31, 1976 (Ga.
Laws 1976, p. 988), as amended; and
952
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 collec-
tors 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;
GEORGIA LAWS 1981 SESSION
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.
954
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 95A-502, 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 accompa-
nied by a map or plat depicting the location of the new or abandoned
street.,
GEORGIA LAWS 1981 SESSION
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 accompa-
nied 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. 947-
956
GENERAL ACTS AND RESOLUTIONS, VOL. I
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), so as to authorize the Department to
promulgate rules and regulations governing the trimming of trees and
vegetation on the states rights-of-way; to provide for the appoint-
ment 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 states rights-of-way autho-
rized 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 regula-
tions governing the issuance and revocation of permits for the erec-
tion 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 states 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 consis-
tent with the purposes of the Highway Beautification Act of 1965,
GEORGIA LAWS 1981 SESSION
957
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:
95A-934.3 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
states rights-of-way should be permitted in front of legal and
nonconforming outdoor advertising signs.
(b) If the commissioner after consultation with the Advis-
ory 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 departments 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
32
958
GENERAL ACTS AND RESOLUTIONS, VOL. I
or shall request that the department develop a landscape plan and
trim the area and the applicant shall then reimburse the depart-
ment 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 vice-
chairman 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 Com-
missioner 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 states rights-of-way for the purposes of administer-
ing this chapter.
Section 4. In the event any section, subsection, sentence, clause,
or phrase of this Act shall be declared or adjudged invalid or unconsti-
tutional, 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 uncon-
stitutional were not originally a part hereof. The General Assembly
hereby declares that it would have passed the remaining parts of this
GEORGIA LAWS 1981 SESSION
959
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
960
GENERAL ACTS AND RESOLUTIONS, VOL. I
1973, p. 430), 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 disburse-
ments 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 937
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
GEORGIA LAWS 1981 SESSION
961
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 members 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.
962
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 circum-
stances; 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.
GEORGIA LAWS 1981 SESSION
963
(2) Provider to knowingly and wilfully accept medical assis-
tance 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 impris-
onment 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 repre-
sentative, 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 regard-
ing hearings within the Department. As in all contested cases
within the Department, the person against whom the Commis-
sioner 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.
964
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) If the person against whom the Commissioner is pro-
ceeding 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 administra-
tive 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
Commissioners 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 preju-
dice 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.
GEORGIA LAWS 1981 SESSION
965
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 restrict-
ions specified for loans which they are obligated to make and to
modify certain of such restrictions; to clarify that a business develop-
ment corporation may borrow money from any lending institution
and from any agency established under the Small Business Invest-
ment Act of 1958 without shareholder or member approval; to provide
that a business development corporation can adopt bylaws for inter-
nal governance; to clarify that a business development corporation
may redeem its own shares or other securities; to clarify the limita-
tions 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 corpora-
tion 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 develop-
ment 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 insert-
ing 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.
966
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 provi-
sions 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 insert-
ing 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 sec-
ondary 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
GEORGIA LAWS 1981 SESSION
967
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 circum-
stances 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; pro-
vided, however, that the corporation shall not approve any applica-
tion 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 inciden-
tal and appurtenant thereto and the use thereof, including, but not
restricted to, any real or personal property acquired by the corpora-
tion 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 establish-
ments; and to acquire, construct or reconstruct, alter, repair, main-
tain, operate, sell, convey, transfer, lease, or otherwise dispose of
industrial plants or business establishments;
968
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 other-
wise encourage organizations in the various communities of this State
in the promotion, assistance and development of the business pros-
perity 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 neces-
sary 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 mem-
bers, in its entirety and inserting in lieu thereof a new Code Section
41A-3408 to read as follows:
GEORGIA LAWS 1981 SESSION
969
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 corpo-
ration 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 out-
standing 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;
970
GENERAL ACTS AND RESOLUTIONS, VOL. I
(ii) one-half of one percent of the total outstanding
loans made by building and loan or savings and loan associa-
tions;
(iii) two and one-half percent of the capital and unas-
signed 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 compa-
nies;
(v) one-tenth of one percent of the assets of fire insur-
ance 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 members
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 mem-
bers, in its entirety and inserting in lieu thereof a new Code Section
41A-3410 to read as follows:
GEORGIA LAWS 1981 SESSION
971
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 pro-
vided 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 share-
holders 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 repre-
sented 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
972
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 hereinaf-
ter 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 sharehold-
ers. 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.
GEORGIA LAWS 1981 SESSION
973
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 offi-
cers; 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 metal 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.
974
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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, dismantles, 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 operators license
number of the driver delivering the material;
(D) a general description of the purchase;
GEORGIA LAWS 1981 SESSION
975
(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.
Sections. 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.
976
GENERAL ACTS AND RESOLUTIONS, VOL. I
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:
GEORGIA LAWS 1981 SESSION
977
(a) Profession means the profession of certified public accoun-
tancy, architecture, chiropractic, dentistry, professional engineering,
land surveying, law, applied psychology, medicine and surgery,
optometry, osteopathy, podiatry, veterinary medicine, registered pro-
fessional 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 Prop-
erty 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 commis-
sioner; to provide for the filing of initial reports; to provide that no
banking or financial organization shall deduct an account mainte-
nance 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
978
GENERAL ACTS AND RESOLUTIONS, VOL. I
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, demand-
able, 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 commis-
sioner 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 owners 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.
GEORGIA LAWS 1981 SESSION
979
(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
980
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 AREAS
CONCESSIONS.
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 opera-
tion of public service privileges and conveniences; to delete provisions
establishing local and regional councils and to provide for the grant-
ing 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
GEORGIA LAWS 1981 SESSION
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 construc-
tion, 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; pro-
vided, however, that all such contracts shall be conducted and negoti-
ated 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 deter-
mines in its discretion that such private concessions are in the best
982
GENERAL ACTS AND RESOLUTIONS, VOL. I
interest of the general public and the Department. Such concessions
may be granted to any responsible person, partnership, firm, associa-
tion 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 para-
graph (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 unconsti-
tutional, 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 uncon-
stitutional 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.
GEORGIA LAWS 1981 SESSION
983
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 Retire-
ment 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
984
GENERAL ACTS AND RESOLUTIONS, VOL. I
regulations of the board. The board shall be authorized to promul-
gate 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 employ-
ment 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 child-
ren, 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, pursu-
ant 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 insur-
ance 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 employ-
ees and their spouses and dependents. The Board is hereby autho-
rized to establish terms and conditions for participation as the Board
shall deem appropriate and which are not in conflict with the provi-
sions of this Section.
Section 3. Said Act is further amended by redesignating subsec-
tion (c) of Section 8A of the amendatory Act, approved March 3,1980
(Ga. Laws 1980, p. 94), as subsection (d).
GEORGIA LAWS 1981 SESSION
985
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
patients discharge be given to the sheriff; and such notice shall be
provided if such patient or the patients 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.
986
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 authori-
ties, 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.
GEORGIA LAWS 1981 SESSION
987
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 deter-
mined appropriate by the Commissioner in his discretion under
988
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 pursu-
ant 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 autho-
rized 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 deter-
mined 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 regula-
tions 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 pursu-
ant 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
GEORGIA LAWS 1981 SESSION
989
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 spec-
tators 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 circum-
stances; 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 miti-
gated 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:
33
990
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 limita-
tion, 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 non-
compliance, including, but not limited to, failure or refusal to comply
with requirements to provide facilities for the convenience of partici-
pants 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 unconsti-
tutional, 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 uncon-
stitutional 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.
GEORGIA LAWS 1981 SESSION
991
Section 6. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 9,1981.
GEORGIA INSURANCE CODE AMENDED
OUT-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 avail-
able 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:
992
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Coverage which provides reimbursement for any cov-
ered 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 ofgeneral 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
physicians services and which are commonly furnished in a
physicians office.
(3) General anesthetic means an anesthetic that is com-
plete 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 practi-
tioner 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) c itablished,
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.
GEORGIA LAWS 1981 SESSION
993
(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 evi-
dence 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 emer-
gency unless symptoms suddenly become so severe as to require
immediate medical aid.
Provided they meet the requirements of this definition, con-
ditions 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 reac-
tion, 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 profes-
sional 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.
994
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 organi-
zation, 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 pro-
vide 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 cov-
ered medical or surgical procedures approved by the Commis-
GEORGIA LAWS 1981 SESSION
995
sioner in accordance with paragraph (3) below when such proce-
dures are performed on an outpatient basis at a licensed outpa-
tient 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 promul-
gate 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 per-
formed 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 corpo-
ration, 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.
996
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 conflict-
ing 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:
88-402.23. Liability for violations. Any physician, psychologist,
peace officer, attorney, health official, or hospital official, agent, or
GEORGIA LAWS 1981 SESSION
997
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 emer-
gency 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 88-404.2 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 psy-
chologist 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.
998
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 emer-
gency 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 psy-
chologist 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 TRANSPORTATION-
LIENS 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 assess-
ments 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
GEORGIA LAWS 1981 SESSION
999
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 depart-
ment 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.
1000
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 immedi-
ate 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 petitioners 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 jurisdic-
tion 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 subsec-
tion. If the petitioner is found not to have made sufficient showing
to obtain an immediate writ of possession, the court may, never-
theless, 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 Proce-
dure 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 corpora-
GEORGIA LAWS 1981 SESSION
1001
tion 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 compli-
ance and the payment of a $10.00 restoration fee to the Depart-
ment 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 pay-
ment 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 effec-
tive date of suspension, the public safety commissioner shall
forthwith direct any member of the Georgia State Patrol or any
1002
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 provi-
sions require the Department of Public Safety to give notice to a
person affecting such persons 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.
GEORGIA LAWS 1981 SESSION
1003
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.
1004
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. In the event any section, subsection, sentence, clause,
or phrase of this Act shall be declared or adjudged invalid or unconsti-
tutional, 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 uncon-
stitutional 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 an effective date; to repeal conflicting
laws; and for other purposes.
GEORGIA LAWS 1981 SESSION
1005
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 owners 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 owners failure to maintain the
vehicle.
(c) The owner of any leased vehicle shall be liable for any
violation which was caused by the owners failure to properly main-
tain the vehicle. The lessee claiming the violation resulted from the
owners 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.
1006
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 sellers 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 Depart-
ment 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 sellers license for an annual fee of $15.00. A
GEORGIA LAWS 1981 SESSION
1007
person to whom a raccoon fur sellers 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 sellers
license issued by the Department. Any person violating the provi-
sions 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 unconsti-
tutional, 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 uncon-
stitutional 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.
1008
GENERAL ACTS AND RESOLUTIONS, VOL. I
BANKS AND BANKINGUNLAWFUL ACQUISITIONS
BY BANK HOLDING COMPANIES.
Code Section 13-207.3 Amended.
No. 655 (Senate Bill No. 381).
AN ACT
To amend Code Section 13-207.3, relating to unlawful acquisition
by bank holding companies, as amended, so as to make the provision
thereof conform to the definition of bank holding company a;
found in paragraph (3) of subsection (a) of Code Section 13-207; t<
clarify and interpret further the term unlawful acquisition; t(
permit a bank holding company formed solely for the purpose o
acquiring shares of a single bank to acquire shares of that bank; t<
provide an effective date; to repeal conflicting laws; and for othe
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 13-207.3, relating to unlawful acquisi
tions by bank holding companies, as amended, is hereby amended b;
striking the term more than 5 percent and inserting in lieu thereo
the term 5 percent or more and by adding after the last sentence o
said Code section the following:
and provided, further, that nothing herein shall prohibit th<
acquisition of all or substantially all of the voting shares of one banl
by a bank holding company organized for the purpose of acquiring al
or substantially all of the voting shares of such bank and owning n<
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, i1
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 o:
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 o:
GEORGIA LAWS 1981 SESSION
1009
such acquisition; provided, however, that nothing herein shall pro-
hibit 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 provi-
sions in accident and sickness policies, so as to remove tbe 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:
1010
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 con-
tain 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
GEORGIA LAWS 1981 SESSION
1011
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 resolu-
tion 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
1012
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.,
GEORGIA LAWS 1981 SESSION
1013
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 employ-
ees 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
1014
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
1015
/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
1016
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
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; func-
tions 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,
1018
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Depart-
ment 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 unconsti-
tutional, 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 uncon-
stitutional 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.
GEORGIA LAWS 1981 SESSION
1019
GEORGIA PUBLIC REVENUE CODE AMENDED
DELIVERY OF MOTOR FUEL TO SERVICE
STATIONS.
Code Section 9lA-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.
1020
GENERAL ACTS AND RESOLUTIONS, VOL. I
MUNICIPALITIES AND COUNTIESRECREATIONAL
SYSTEMS.
No. 661 (Senate Bill No. 401).
AN ACT
To amend an Act empowering cities, towns, and counties, sepa-
rately or jointly, to provide, maintain, and conduct supervised recrea-
tion 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 convey-
ing 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 govern-
ing 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.
GEORGIA LAWS 1981 SESSION
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 commis-
sion 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 elec-
tricity 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 author-
ity; 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 extend-
ing 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 opera-
tion of any dam site located on property owned by the governing
34
1022
GENERAL ACTS AND RESOLUTIONS, VOL. I
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:
GEORGIA LAWS 1981 SESSION
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 officials initial
term of office, unless sickness, emergency, or some other unfore-
seen 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 Depart-
ment 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.
1024
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 sen-
tences, 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 sen-
tences, 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),
GEORGIA LAWS 1981 SESSION
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 subsec-
tion (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 subsec-
tion (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
1026
GENERAL ACTS AND RESOLUTIONS, VOL. I
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, supersed-
ing, 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, super-
seding, 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 trans-
action of any business or discharge of any duties of the Board,
provided there is a quorum.,
GEORGIA LAWS 1981 SESSION
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 Voca-
tional Rehabilitation to maintain certain records and other informa-
1028
GENERAL ACTS AND RESOLUTIONS, VOL. I
tion; 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 physi-
cian 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 depart-
ment, 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 Departments 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.
GEORGIA LAWS 1981 SESSION
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 attorneys invest-
igators 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, compen-
sation from State funds and any contingent expense allowance from
1030
GENERAL ACTS AND RESOLUTIONS, VOL. I
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, compen-
sation 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, compen-
sation 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.
GEORGIA LAWS 1981 SESSION
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 com-
pensation 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 compen-
sation 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:
1032
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Janu-
ary-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 attor-
neys 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 supple-
ment 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.
GEORGIA LAWS 1981 SESSION
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.
1034
GENERAL ACTS AND RESOLUTIONS, VOL. I
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, nurs-
ing personnel, social work personnel, school teachers and administra-
tors, school guidance counselors, child care personnel, day care per-
sonnel 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
GEORGIA LAWS 1981 SESSION
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 perfor-
mance 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 childs 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 Depart-
ment 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 childs age,
the nature and extent of the childs 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
childs injuries to be used as documentation in support of allegations
1036
GENERAL ACTS AND RESOLUTIONS, VOL. I
by hospital staff, physicians, law enforcement personnel, school offi-
cials, or staff of legally mandated public or private child protective
agencies may be taken without the permission of the childs 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, insti-
tutions, and other agencies, and for the university
system, common schools, counties, municipalities,
political subdivisions and for all other govern-
mental activities, projects and undertakings
authorized by law, and for all leases, contracts,
agreements, and grants authorized by law; to pro-
vide for the control and administration of funds; to
provide an effective date; to repeal conflicting
laws; and for other purposes.
GEORGIA LAWS 1981 SESSION
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 sur-
plus 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, allow-
ances, travel and benefits for members, officials,
committees and employees of the General Assem-
bly 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 Uni-
form 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 organi-
zations, upon approval of the Legislative Services
Committee; for membership in the Marine Fisher-
ies Compact and other Compacts, upon approval of
the Legislative Services Committee; for the main-
tenance, repair, construction, reconstruction, fur-
nishing and refurbishing of space and other facili-
ties for the Legislative Branch; for the Legislative
Services Committee, the Office of Legislative
Counsel and the Office of Legislative Budget Ana-
lyst; for the operation of the Georgia Educational
1038
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Assem-
bly; for equipment, supplies, furnishings, repairs,
printing, services and other expenses of the Legis-
lative Branch of Government; and for payments to
Presidential Electors. The provisions of any other
law to the contrary notwithstanding, such pay-
ments to Presidential Electors shall be paid from
funds provided for the Legislative Branch of Gov-
ernment, 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 Legisla-
tive Branch of Government. The Committee is
hereby authorized to promulgate rules and regula-
tions relative to the expenditure of funds appropri-
ated 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 pro-
grams 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
GEORGIA LAWS 1981 SESSION
1039
Tax Ratio Study............................$ 350,000
Authorized Motor Vehicles 28
Total Positions Budgeted 150
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 appro-
priation shall be increased by the amount of
$12,000 per annum for each additional Emeritus
position established during the fiscal year. Pro-
vided, 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.-Dee. Session, pp. 478-481.
Provided, however, that the sum of $10,500
shall be allocated for the cost of Georgias pro rata
share for the operation of the National Center for
State Courts.
Total Positions Budgeted 59
Section 4. Superior Courts.
Budget Unit: Superior Courts...................$ 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 mile-
age and other expenses as may be authorized by
1040
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 appropria-
tion 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 addi-
tional District Attorney Emeritus position estab-
lished 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
$10,000 is designated and committed to attend the
judicial college for judges with less than five years
experience.
Total Positions Budgeted 430
Section 5. Court of Appeals.
Budget Unit: Court of Appeals ................$ 2,310,000
For the cost of operating the State Court of
Appeals, including salaries and retirement contri-
butions of judges and employees of the Court and
for the Emeritus Judges of the Court. Provided,
however, that the listed appropriation shall be
GEORGIA LAWS 1981 SESSION
1041
increased by the amount of $12,000 per annum for
each additional Emeritus position established
during the fiscal year.
Total Positions Budgeted
Section 6. Administrative Office of
the Courts and Judicial
Administrative Districts.
Budget Unit: Administrative Office
of the Courts and Judicial
Administrative Districts .........3
Administrative Office of the
Courts .................................3
Institute for Continuing
Judicial Education......................5
Judicial Administrative
Districts...............................3
Total Funds Budgeted......................$
State Funds Budgeted......................i
Total Positions Budgeted
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 Administra-
tive Districts.
Section 7. Appellate Court Reports.
Budget Unit: Court Reports....................$
For the cost of printing and distributing the
reports of the Supreme Court and Court of
Appeals.
Total Positions Budgeted
Section 8. Judicial Qualifications
Commission.
Budget Unit: Judicial Qualifications
Commission.......................$
54
1,136,515
505,232
202,280
429,003
1,136,515
1,136,515
39
175,000
0
49,760
1042
GENERAL ACTS AND RESOLUTIONS, VOL. I
For the cost of operating the Judicial Qualifica-
tions Commission.
Total Positions Budgeted 0
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 Juve-
nile 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
GEORGIA LAWS 1981 SESSION
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
1044
GENERAL ACTS AND RESOLUTIONS, VOL. I
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........................S 54,078
Telecommunications.........................$ 22,000
Per Diem, Fees and Contracts...............$ -0-
Workers Compensation......................$ -0-
State Liability Self-Insurance
Reserve .................................S -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
GEORGIA LAWS 1981 SESSION
1045
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....................................S 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
1046
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION 1047
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
1048
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 .................................S -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 Ser-
vices from user agencies shall not exceed the maxi-
mum amounts listed below for each service activ-
ity:
GEORGIA LAWS 1981 SESSION
1049
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 autho-
rized for all State employees, or unless there is a
corresponding fund availability, with prior budget-
ary 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 Assem-
bly that the Department shall not purchase, lease,
or lease-purchase any additional computer hard-
ware other than that which is authorized in this
appropriations Act, unless funds are available for
tbis 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....................................S 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
1050
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1051
Facilities Renovations
and Repairs.............................$ -0-
Total Positions Budgeted 507
Authorized Motor Vehicles 39
The Authority is authorized to increase the
amount budgeted for Facilities Renovations and
Repairs by such amounts as are approved for other
Agencies or Authorities of the State by the Office
of Planning and Budget, and by such amounts as
are received from other sources for renovations or
repairs.
Provided, 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-
1052
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION 1053
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........................S 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
35
1054
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1055
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-
1056
GENERAL ACTS AND RESOLUTIONS, VOL. I
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...................................S 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
GEORGIA LAWS 1981 SESSION
1057
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 rela-
tive to Regular Operating Expenses, $50,000 is
designated and committed for livestock and
poultry shows relating to research and promoting.
Provided, that of the above appropriation, the
Department is authorized and directed to notify
dairy farmers of milk-sample test results after each
test.
Provided, that of the above appropriation
relating to Repairs to Major and Minor Markets,
no expenditure shall be made without prior
approval of the Georgia Building Authority (Mar-
kets).
B. Budget Unit: Georgia Agrirama
Development Authority............$ -0-
Georgia Agrirama Development
Authority Budget:
Personal Services ......................$ 435,231
Regular Operating Expenses...............$ 90,259
1058
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
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
GEORGIA LAWS 1981 SESSION
1059
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
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
1060
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
Red 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
GEORGIA LAWS 1981 SESSION
1061
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
1062
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1063
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
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-
1064
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1065
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
1066
GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Equipment and
Feasibility Study......................$ -0-
Per Diem, Fees and Contracts.............$ 16,000
Total Positions Budgeted 229
Authorized Motor Vehicles 57
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
GEORGIA LAWS 1981 SESSION
1067
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-
1068
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
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
GEORGIA LAWS 1981 SESSION
1069
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. Governors 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
1070
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1071
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
1072
GENERAL ACTS AND RESOLUTIONS, VOL. I
Equipment Purchases ......................$ 175
Real Estate Rentals.......................S 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......................S 231,304
State Funds Budgeted......................$ 176,733
Total Positions Budgeted 6
13. Local Programs Budget:
APEG Grants:
GEORGIA LAWS 1981 SESSION
1073
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.........................S 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-
1074
GENERAL ACTS AND RESOLUTIONS, VOL. I
Tuition for the Multi-
handicapped .............................$ 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
GEORGIA LAWS 1981 SESSION
1075
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
1076
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Multi-
handicapped .............................$ 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
GEORGIA LAWS 1981 SESSION 1077
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
1078
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1079
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
1080
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
Provided, that none of the State funds appro-
priated above may be expended to initiate or com-
mence 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 Retire-
ment System and Teachers Health Insurance
applicable to such salary.
Provided, further, that for kindergarten pro-
grams, 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 aver-
age daily attendance, except in the case of men-
tally, physically or emotionally handicapped child-
ren, tbe 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 rela-
tive to Kindergarten Transportation, funds shall
initially be allotted to local school systems on the
GEORGIA LAWS 1981 SESSION
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 reimburs-
able 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 appropri-
ated 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, rela-
tive 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 units allotment until the end of
the current school year in which allocated.
1082
GENERAL ACTS AND RESOLUTIONS, VOL. I
It is the intent of this General Assembly that
local school systems have the authority to utilize
increased maintenance and operation funds con-
tained 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 accord-
ance with State Board policy, may use additional
instructional units earned in grades 1 - 2 to
employ either certificated or licensed instructional
personnel in those grades. Funding for licensed
instructional personnel shall include salaries as
provided for in APEG Section 10b(2) and Section
15 (M&O).
Provided, that of the above appropriation for
$925,000 for Staff Development, $92,500 is desig-
nated and committed to fund a State level staff
development program specifically for Special Edu-
cation 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 rel-
ative 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 rela-
tive to Compensatory Education, $12,746,747 is
designated and committed for a compensatory
GEORGIA LAWS 1981 SESSION
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 com-
plete 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
1084
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
Section 21. Forestry Commission.
Budget Unit: Forestry Commission..............$ 18,516,891
1. Reforestation Budget:
Personal Services ........................$ 590,188
Regular Operating Expenses ...............$ 517,616
T ravel...................................$ 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 .........................S 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
GEORGIA LAWS 1981 SESSION 1085
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
36
1086
GENERAL ACTS AND RESOLUTIONS, VOL. I
Capital Outlay.............................$ 135,800
Total Positions Budgeted 867
Authorized Motor Vehicles 751
Provided, that to the extent that Federal Funds
are realized in excess of the amounts of such funds
contemplated in the Cooperative Forest Protec-
tion, Cooperative Forest Management, Insect and
Disease, Forest Incentive and Public Service
Employment Programs in the Field Services Activ-
ity of this Act, the Office of Planning and Budget is
authorized and directed to use the first $450,000 of
such excess funds to supplant State Funds appro-
priated herein. Provided further that such
supplantation shall not be implemented if so doing
would cause any portion of the anticipated Federal
Funds not to be realized. This provision shall not
apply to project grants.
It is the intent of this General Assembly that
the Forestry Commission have authority to control
the application of the Contractual Research funds
in the above appropriation.
Section 22. Georgia Bureau of Investigation.
Budget Unit: Georgia Bureau of
Investigation.....................$ 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
GEORGIA LAWS 1981 SESSION
1087
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....................................S 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
1088
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
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 $500,000 of
such excess funds to supplant State Funds appro-
priated herein. Provided further that such
supplantation shall not be implemented if so doing
would cause any portion of the anticipated Federal
Funds not to be realized. This provision shall not
apply to project grants.
GEORGIA LAWS 1981 SESSION
1089
Section 23. Georgia State Financing
and Investment Commission.
Budget Unit: Georgia State
Financing and
Investment Commission............$ -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 pro-
ceeds for the following project for the Department
of Industry and Trade authorized in Section 46 of
this Act, shall be approximately as listed here-
under, if and when bonds are issued to finance the
construction of such project:
1090
GENERAL ACTS AND RESOLUTIONS, VOL. I
Expansion of Georgia World
Congress Center in Atlanta.................$ 83,000,000
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: Governors Office .............$ 3,929,407
1. Governors Office Budget:
Cost of Operations.........................$ 1,512,191
Mansion Allowance..........................$ 40,000
Governors 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 Emer-
gency Fund for meeting expenses deemed emer-
gencies 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 appropria-
tion 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-
GEORGIA LAWS 1981 SESSION
1091
Publications and Printing.................$ 3,500
Equipment Purchases ......................$ 1,100
Computer Charges .........................$ -0-
Iteal Estate Rentals......................S 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
Governors 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.......................8 172,476
Telecommunications........................$ 12,000
Per Diem, Fees and Contracts..............$ 60,000
Total Funds Budgeted......................8 781,398
1092
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
T ravel..................................$ 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-
GEORGIA LAWS 1981 SESSION 1093
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......................S -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
1094
GENERAL ACTS AND RESOLUTIONS, VOL. I
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. Governors 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
GEORGIA LAWS 1981 SESSION
1095
Motor Vehicle Equipment Purchases .......$ -0-
Publications and Printing................$ 2,000
Equipment Purchases .....................$ 1,000
Computer Charges ........................S 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 ........................8 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.....................S 341,284
State Funds Budgeted.....................S 334,764
Total Positions Budgeted 11
1096
GENERAL ACTS AND RESOLUTIONS, VOL. I
13. Consumers 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
GEORGIA LAWS 1981 SESSION
1097
Art Grants - Federal Funds ...............$ 595,000
Art Grants - Donations....................$ 35,000
Total Positions Budgeted 181
Authorized Motor Vehicles 0
Provided, however, that of the above appropri-
ation relative to Art Grants - State Funds, not less
than 95% of $1,392,806 is designated and commit-
ted for Grants to Counties, Cities and Non-Profit
Organizations in the State of Georgia.
Section 25. Grants to Counties and
Municipalities.
Budget Unit: Grants to Counties and
Municipalities.......................$ 6,800,000
1. Grants to Counties............................S 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 distri-
buted and disbursed to the various counties and
municipalities on a quarterly basis, such payments
to be made on the last day of each calendar quar-
ter.
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
1098
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment
Purchases ................................$ 22,500
Publications and Printing...................$ 164,200
Equipment Purchases ........................$ 24,625
Computer Charges ...........................S 1,237,550
Real Estate Rentals.........................$ 2,686,675
Telecommunications..........................$ 514,790
Per Diem, Fees and Contracts................$ 1,367,720
Utilities...................................S 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
General Administration and Support Functional
Budgets
Total Funds State Funds
Commissioners Office $
Child Care Licensing $
Laboratory Improvement $
Child Support Recovery $
Contract Management $
Public Affairs $
Office of Administrative
Appeals $
Pos.
589,620 21
1,025,285 58
305,355 19
553,425 194
178,295 7
299,890 12
752,690 $ 742,690 22
599,810 $
1,199,415 $
460,895 $
4,181,674 $
181,525 $
305,415 $
GEORGIA LAWS 1981 SESSION
1099
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
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
1100
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
Financial Management Functional Budgets
Total Funds State Funds Pos.
Budget Administration
Accounting Services
Auditing Services
Indirect Cost
Undistributed
Total
883,585 $
2,271,530 $
1,546,500 $
-0- $
-0- $
4,701,615 $
869,175 32
2,227,600 128
1,520,170 59
(1,844,950) 0
-0- 0
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
GEORGIA LAWS 1981 SESSION
1101
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
Special Programs Functional Budgets
State Economic
Opportunity Office
District Programs,
Directors Office
Child Development
Administration
Total Funds State Funds Pos.
$ 249,660 $ 121,100 8
$ 478,480 $ 469,740 18
$ 1,062,960 $ 239,740 44
Child Development
Contracts - Foster Care $ 280,900 $
Special Projects
11,025 0
$ 687,847 $ 687,847 0
Child Development
Contracts - Day Care $ 20,844,500 $ 2,059,130 0
Child Development
Contracts - Home
Management
$ 617,600 $
Child Development
Contracts - Outreach $ 643,320 $
39,400 0
80,415 0
1102
GENERAL ACTS AND RESOLUTIONS, VOL. I
Information and Referral $
Troubled Children Benefits $
Mental Health/Mental
Retardation Advisory
Council
$
Council on Family Planning $
Council on Aging $
Developmental Disabilities $
Council on Maternal
and Infant Health $
Undistributed $
Total $
325,340 $
610,300 $
43,720 $
72,230 $
41,580 $
236,050 $
70,000 $
-0- $
26,264,487 $
325,340 0
610,300 0
43,255
6,090
41,190
-0-
69,205 2
-0- 0
4,803,777 85
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........................$ -0-
Telecommunications.........................$ 182,200
Per Diem, Fees and Contracts...............$ 14,550
Utilities..................................$ -0-
Postage....................................$ 1,450
Total Funds Budgeted.......................$ 2,653,975
Indirect DO AS Services Funding............$ 462,000
Agency Funds ..............................$ 246,105
State Funds Budgeted.......................$ 1,945,870
Total Positions Budgeted 102
Authorized Motor Vehicles 0
GEORGIA LAWS 1981 SESSION
1103
Physical Health - Program
Direction and Support Functional Budgets
Directors Office
Employees Health
Primary Health Care
Health Program
Management
Vital Records
Undistributed
Total
Total Funds State Funds Pos.
$ 437,140 $ 320,865 7
Health Services Research $
224,465 $
235,050 $
380,140 $
831,120 $
546,060 $
-0- $
2,653,975 $
128,585
230,780
288,190 18
801,910 53
175,540 7
-0- 0
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
1104
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
Physical Health - Family Health Functional Budgets
Family Health Management $
Cancer Control $
Crippled Children $
Immunization $
Maternal Health $
Sexually Transmitted
Diseases $
State Funds Pos.
255,315 28
2,259,415 6
2,425,825 64
-0- 24
277,885 6
193,025 $ 189,780 7
Total Funds
6,333,660 $
2,489,215 $
4,559,015 $
468,655 $
281,510 $
GEORGIA LAWS 1981 SESSION
1105
Infant and Child Health
Diabetes
Chronic Disease
Coordination,
Education, Prevention
Malnutrition
Stroke and Heart Attack
Prevention
Family Planning
Epidemiology
Dental Health
Community Tuberculosis
Control
Crippled Children - SSI
Undistributed
Total
$ 4,522,010 $
$ 245,365 $
$ 1,414,160 $
$ 536,360 $
$ 507,075 $
$ 132,675 $
$ 774,335 $
$ 681,735 $
$ 63,805 $
$ 1,002,620 $
$ 750,970 $
$ -0- $
$ 24,956,190 $
4,411,965 12
63,130 5
1,403,220 22
-0- 8
-0- 16
123,260 6
50,880 13
677,490 8
62,765 3
991,280 25
-0- 27
-0- 0
13,192,210 280
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...................................S 12,200
1106
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted.........................$ 4,120,730
Indirect DO AS Services Funding..............$ -0-
Agency Funds ................................$ 495,540
State Funds Budgeted.........................$ 3,625,190
Total Positions Budgeted 175
Authorized Motor Vehicles 5
Physical Health - Community Health Functional
Budgets
Total Funds State Funds
Occupational and
Radiological Health $
Laboratory Services $
Emergency Health $
Undistributed $
Total $
Pos.
506,915 19
2,607,485 137
510,790 19
-0- 0
4,120,730 $ 3,625,190 175
516,225 $
3,017,145 $
587,360 $
-0- $
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
GEORGIA LAWS 1981 SESSION
1107
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
Physical Health - Local Services Functional Budgets
Minimum Foundation $
Grant-In-Aid to Counties $
Stroke and Heart
Attack Prevention $
Family Planning $
Sickle Cell, Vision
and Hearing $
Sexually Transmitted
Diseases $
State Funds Pos.
6,312,105 236
20,002,300 0
583,905 20
435,595 192
310,125 15
980,070 $ 95,270 26
Total Funds
6,782,875 $
23,150,100 $
1,118,720 $
5,688,585 $
316,045 $
1108
GENERAL ACTS AND RESOLUTIONS, VOL. I
High Risk Pregnant Women
and Their Infants $
Newborn Follow-Up Care $
District Dental $
Teenage Pregnancy
Prevention
$
District Crippled Children $
Mental Retardation Projects $
Malnutrition
Undistributed
3,891,705 $
264,630 $
855,800 $
250,000 $
2,064,370 $
190,100 $
$ 25,990,940 $
$ -0- $
3,812,435 19
259,710 12
845,415
250,000
1,241,985
-0-
-0-
-0-
18
0
33
0
10
0
Total
$ 71,543,940 $ 34,148,845 581
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........................$ -0-
Telecommunications.........................$ 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
GEORGIA LAWS 1981 SESSION
1109
Mental Health - Program Direction
and Support Functional Budgets
Administration
Special Projects
and Contracts
Program Coordination
Undistributed
Total
Total Funds State Funds Pos.
$ 2,441,340 $ 1,655,280 64
688,600 $
1,981,190 $
-0- $
5,111,130 $
-0- 9
1,414,770 66
-0- 0
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..................................8 -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.....................S 11,751,164
Agency Funds ............................$ 4,596,744
Title XX Funds...........................$ 1,403,740
1110
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted.........................$ 5,750,680
Total Positions Budgeted 0
Purchase of Social
Work Incentive Benefits
Grants to Fulton County
for 24-hour Emergency
Social Services
Legal Services
AFDC - Family Foster Care
AFDC - Institutional
Foster Care
Specialized Foster Care
Child Welfare -
Family Foster Care
Adoption Supplement
Non-AFDC Institutional
Foster Care
Liability Insurance
Emergency Shelter Care
Day Care
Psychiatric, Psychological
and Speech Therapy
Services Functional Budgets
Total Funds
$ 802,357
$ 150,000
$ 335,000
$ 2,499,472
$ 806,447
$ 53,564
$ 4,381,118
$ 220,000
$ 182,157
$ 15,400
$ 84,070
$ 882,960
$ 128,064
$ 264,700
State Funds
$ 127,357
$ 150,000
$ 110,000
$ 839,308
$ 270,812
$ 30,364
$ 2,861,118
$ 220,000
$ 182,157
$ 15,400
$ 24,070
$ 462,960
$ 38,064
$ 264,700
Pos.
0
0
0
0
0
0
0
0
0
0
0
0
0
Maternity Care
0
GEORGIA LAWS 1981 SESSION
1111
Return of Runaways -
County
Homemaker Projects
Undistributed
Total
$ 7,000 $
$ 938,855 $
$ -0- $
$ 11,751,164 $
2,830
151,540
-0-
5,750,680
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-
1112
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
Services to the Aged Functional Budgets
Title XX Adult Services
Administration and Planning $
Total Funds State Funds Pos.
$ 4,931,065 $ 774,035 0
Nutrition Grants
Areawide Grants
Undistributed
Total
$
1,026,835 $
8,450,395 $
6,301,385 $
-0- $
20,709,680 $
228,280 41
509,730 0
178,000 0
-0- 0
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 .........$ -0-
Publications 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....................................S 2,000
E.S.R.P. Case Services.....................$ 150,000
Grants for Nephrology Centers..............$ 228,750
Total Funds Budgeted.......................$ 2,516,770
GEORGIA LAWS 1981 SESSION
1113
Indirect DOAS Services Funding...............$ -0-
Agency Funds ................................$ 1,696,770
State Funds Budgeted.........................$ 820,000
Total Positions Budgeted 53
Vocational Rehabilitation - Program
Direction and Support Functional Budgets
Total Funds State Funds Pos.
Program Direction and
Support
Grants Management
Undistributed
Total
1,738,495 $
778,275 $
-0- $
2,516,770 $
427,735 44
392,265 9
-0- 0
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.............................$ -0-
State Funds Budgeted.......................$ 592,055
Total Positions Budgeted 161
Authorized Motor Vehicles 19
1114
GENERAL ACTS AND RESOLUTIONS, VOL. I
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...................................S 11,800
Case Services.............................$ 85,000
Capital Outlay............................$ -0-
Operations................................$ -0-
GEORGIA LAWS 1981 SESSION
1115
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
Roosevelt Warm Springs Rehabilitation Institute
Functional Budgets
Administration
Rehabilitation Services
Instruction
Independent Living
Research/Training
Undistributed
Total
Total Funds State Funds Pos.
$ 3,352,290 $ 1,691,860 131
4,297,490 $
353,895 $
513,435 $
129,250 $
-0- $
8,646,360 $
-0- 231
-0- 16
505,970 21
126,980 5
-0- 0
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...................................S 4,300
Capital Outlay............................$ 185,040
Case Services.............................$ 225,000
1116
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted......................$ 6,831,265
Agency Funds .............................$ 6,189,370
State Funds Budgeted......................$ 641,895
Total Positions Budgeted 36
Authorized Motor Vehicles 14
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....................................8 63,105
Contract with Vocational
Rehabilitation Community
Facilities...............................$ 3,365,970
Contract for Epilepsy .....................$ 60,000
Case Services..............................$ 11,824,230
GEORGIA LAWS 1981 SESSION
1117
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
37
1118
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted......................$ 182,793,956
Agency Funds .............................$ 121,490,641
State Funds Budgeted......................$ 61,303,315
Total Positions Budgeted 0
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-
T ravel...................................$ -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
GEORGIA LAWS 1981 SESSION
1119
Local Services - Community Services
and Benefits Payments Functional Budgets
Local Services - Benefits
Payments Grants
Grants to Counties
for Social Services
Undistributed
Total
Total Funds State Funds Pos.
$ 47,596,240 $
$ 39,725,170 $
$ -0- $
$ 87,321,410 $
23,560,795 0
15,283,270 0
-0- 0
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
1120
GENERAL ACTS AND RESOLUTIONS, VOL. I
Family and Children Services - Program
Direction and Support Functional Budgets
Total Funds State Funds Pos.
Directors 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...................................8 2,900
Total Funds Budgeted......................$ 660,345
GEORGIA LAWS 1981 SESSION
1121
Agency Funds ...............................$ 298,165
Title XX Funds..............................$ 73,055
Indirect DO AS 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
1122
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1123
$ 42,800
4,302
Provided, that of the above appropriation,
$100,000 is designated and committed for the pur-
chase of clotting factor for the Hemophilia Pro-
gram 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 wel-
fare 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.
Grants to Counties for
Metabolic Disorders
Screening and Testing
Total Positions Budgeted
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
$ 106
161
193
227
$ 101
153
183
216
1124
GENERAL ACTS AND RESOLUTIONS, VOL. I
5
6
7
8
9
10
11
260
282
305
324
341
365
390
247
268
290
308
324
347
371
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 Gen-
eral 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 relat-
ing to Statewide Grants for Pre-natal and Post-
natal 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 appropria-
tion shall be used to improve and expand Physical
Health programs and not to supplant State funds
in this appropriation.
GEORGIA LAWS 1981 SESSION
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 $5,000) to the Georgia Building Authority
for the purpose of maintaining the grounds at the
Roosevelt Warm Springs Hospital.
To purchase, lease or otherwise acquire or
reimburse for the purchase or lease of equipment,
or purchase or reimburse for the purchase of drugs
and medical treatment of persons with Cystic
Fibrosis over the age of 21. Funds shall be
expended to those persons qualifying who are not
otherwise covered by any other private or publicly
funded program and are determined to need sup-
port from the State.
It is the intent of this General Assembly that
the State shall provide no more than 50 percent of
The Medical School of Mercer Universitys total
operating cost (including Capitation Grants). Pro-
vided further, quarterly expenditure reports and
certified annual audits shall be provided to the
State Auditor and General Assembly on a timely
basis.
1126
GENERAL ACTS AND RESOLUTIONS, VOL. I
B. Budget Unit: State Health Planning
and Development...................$ 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...................................8 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
GEORGIA LAWS 1981 SESSION 1127
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
1128
GENERAL ACTS AND RESOLUTIONS, VOL. I
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....................................S 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...................................S 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
GEORGIA LAWS 1981 SESSION 1129
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
1130 GENERAL ACTS AND RESOLUTIONS, VOL. I
Equipment Purchases ........................$ 126,695
Computer Charges ...........................$ 79,000
Real Estate Rentals.........................S -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...................................S 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
GEORGIA LAWS 1981 SESSION
1131
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
1132
GENERAL ACTS AND RESOLUTIONS, VOL. I
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........................S -0-
Telecommunications.........................$ 89,630
Per Diem, Fees and Contracts...............$ 123,840
Utilities..................................S 672,100
Postage....................................$ 18,465
Capital Outlay.............................$ 200,000
Total Funds Budgeted.......................$ 13,042,820
Agency Funds ..............................$ 574,007
GEORGIA LAWS 1981 SESSION
1133
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.............................S 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
1134
GENERAL ACTS AND RESOLUTIONS, VOL. I
Postage...................................S 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
Community Mental Health/Mental Retardation
Services Functional Budgets
Total Funds State Funds Pos.
Mental Health Community
Assistance $ 4,799,805 $ 4,653,209 238
GEORGIA LAWS 1981 SESSION
1135
Outdoor Therapeutic
Program $
Mental Retardation
Community Assistance $
Central Pharmacy $
Metro Drug Abuse Centers $
Developmental Disability
Service Chiefs $
Day Care Centers for the
Mentally Retarded $
Supportive Living $
Group Homes for the
Mentally Retarded $
Georgia State Foster
Grandparent/Senior
Companion Program $
Community Residential
Services $
Group Homes for
Autistic Children $
Project Rescue $
Drug Abuse Contracts $
Project ARC $
Project Friendship $
Community Mental Health
Center Services $
647,575
639,975 24
1,336,710 $ 1,311,521 64
93,840
976,190
678,100
92,670 3
338,550 47
678,100 0
39,631,895 $ 17,873,564 21
2,795,510 $ 2,795,510 0
3,289,000 $ 3,289,000 0
514,000 $ 514,000 0
4,055,800 $
202,000 $
231,800 $
963,555 $
155.000 $
209.000 $
2,737,175 0
202,000
68,800
245,125
155.000
209.000
0
0
0
0
0
50,493,308 $ 16,309,272 22
1136
GENERAL ACTS AND RESOLUTIONS, VOL. I
Uniform Alcoholism Projects $
Undistributed $
Total $
1,935,530
-0-
113,008,618
1,935,530 0
-0- 0
54,048,001 419
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
Group Homes $
Community Detention $
Day Centers $
Community Treatment
Centers $
Court Services $
Pos.
434,126 22
758,698 18
503,647 24
1,516,975 $ 1,490,526 82
4,801,391 $ 4,724,033 257
440,230 $
764,244 $
512,840 $
GEORGIA LAWS 1981 SESSION
1137
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
15. Regular Operating Expense
Reserve Budget:
Regular Operating Expense...................$ -0-
Total Funds.................................$ -0-
State Funds.................................S -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........................S 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
1138
GENERAL ACTS AND RESOLUTIONS, VOL. I
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........................S 15,000
Total Positions Budgeted -
July 1, 1981 13,268
Total Positions Budgeted -
June 30, 1982 13,133
Authorized Motor Vehicles 1,534
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 Bene-
fits, 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.
GEORGIA LAWS 1981 SESSION
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 return-
ing to their communities from the institution.
Provided that Community Mental Health Cen-
ters 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 Depart-
ment 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 Gen-
eral 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.
1140
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1141
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
1142
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 .......................$ -()-
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
GEORGIA LAWS 1981 SESSION
1143
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-
Georgia World Congress Center
Marketing Program ......................$ -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
1144
GENERAL ACTS AND RESOLUTIONS, VOL. I
Per Diem, Fees and Contracts..............$ 157,680
Georgia World Congress Center
Marketing Program ......................$ -()-
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
GEORGIA LAWS 1981 SESSION
1145
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
It is the intent of this General Assembly that to
the extent that gross income from operations
exceeds the amount contemplated in this Appro-
priations 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 appropria-
tions bill, such repayments to begin no later than
Fiscal 1980. Provided, further, that such payments
in any year shall not exceed the net operating
revenues derived from the operation of the parking
and truck-marshalling facilities contemplated in
such Capital Outlay appropriation.
It is the intent of this General Assembly that to
the greatest extent feasible, the Georgia Ports
Authority utilize existing surplus funds for pay-
ments to bond trustees for unmatured issues.
1146
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1147
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
1148
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
Section 29. Department of Law.
Budget Unit: Department of Law................$ 3,765,027
Attorney Generals 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....................................S 90,000
GEORGIA LAWS 1981 SESSION
1149
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
For the cost of operating the Department of
Law provided that the compensation of all Assis-
tant Attorneys General, Deputy Assistant Attor-
neys 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 appro-
priated 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 appropri-
ation 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. Commissioners 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-
38
1150
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1151
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 ...........................8 7,139,120
Real Estate Rentals.........................$ 323,439
Telecommunications..........................$ 192,820
Per Diem, Fees and Contracts................$ 407,260
Postage.....................................$ 696,500
Utilities...................................$ 64,384
1152
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
Provided, however, the Department is autho-
rized 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...................................S 75,000
GEORGIA LAWS 1981 SESSION
1153
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...................................S 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
1154
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1155
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...................................8 3,000
Federal Sub-grants to
State and Local Agencies...............$ 335,400
Total Funds Budgeted......................S 1,034,946
Agency Assessments........................$ 531,003
Employer and Employee
Contributions..........................$ 124,000
Deferred Compensation.....................$ 20,925
Total Positions Budgeted 35
8. Commissioners 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...................................8 4,500
Total Funds Budgeted......................8 698,188
Agency Assessments........................$ 655,582
Total Positions Budgeted 15
1156
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
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 Ser-
vices, 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-
GEORGIA LAWS 1981 SESSION
1157
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
1158
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1159
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......................S 444,931
State Funds Budgeted......................$ 444,931
Total Positions Budgeted 0
1160
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1161
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 Com-
mission, except that land specifically provided for
in this Section.
1162
GENERAL ACTS AND RESOLUTIONS, VOL. I
Provided, however, that $1,000,000 of the above
appropriation for Water and Sewer Grants shall be
available for allotment to counties and municipali-
ties for emergency type projects, and that
$5,000,000 is designated and committed for grants
to local governments for water and sewer projects
utilizing a maximum State match of 50% of the
total cost of each project. Provided, further that
no allocation of funds for this purpose shall be
made prior to the official approval thereof by the
Board of Natural Resources.
Provided that to the extent State Parks and
Historic Sites receipts are realized in excess of the
amount of such funds contemplated in this Act,
the Department of Natural Resources is autho-
rized and directed to use the excess receipts to
provide for the most immediate critical needs of
the Parks, Recreation and Historic Sites Division
to include repairs and maintenance of State Parks
and Historic Sites facilities.
B. Budget Unit: Authorities...................$ -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......................S -0-
Total Positions Budgeted 61
GEORGIA LAWS 1981 SESSION
1163
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
1164
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1165
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......................................S 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-
1166
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
T ravel....................................$ 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
GEORGIA LAWS 1981 SESSION
1167
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-
1168
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 - Womens 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
GEORGIA LAWS 1981 SESSION
1169
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 - Mens Unit Budget:
Personal Services ..........................$ 1,495,772
Regular Operating Expenses .................$ 127,000
1170
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1171
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
1172
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.................................S -0-
Total Funds Budgeted......................$ 410,577
State Funds Budgeted......................$ -0-
Total Positions Budgeted 26
GEORGIA LAWS 1981 SESSION
1173
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
1174
GENERAL ACTS AND RESOLUTIONS, VOL. I
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....................................S 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
GEORGIA LAWS 1981 SESSION
1175
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
1176
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 .........................8 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-
GEORGIA LAWS 1981 SESSION
1177
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 Years
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
1178
GENERAL ACTS AND RESOLUTIONS, VOL. I
Repayment of Prior Years
Appropriations...........................$
Capital Outlay.............................$
Total Positions Budgeted
Authorized Motor Vehicles
Section 34. Department of Public Safety.
Budget Unit: Department of Public
Safety...........................$
1. Office of Highway Safety Budget:
Personal Services .......................$
Regular Operating Expenses ..............$
Travel...................................$
Motor Vehicle Equipment Purchases .......$
Publications and Printing................$
Equipment Purchases .....................$
Computer Charges ........................$
Real Estate Rentals......................$
Telecommunications.......................$
Per Diem, Fees and Contracts.............$
Postage..................................$
Total Funds Budgeted.....................$
State Funds Budgeted.....................$
Total Positions Budgeted
2. Administration Budget:
Personal Services .......................$
Regular Operating Expenses ..............$
Travel...................................$
Motor Vehicle Equipment Purchases .......$
Publications and Printing................$
Equipment Purchases .....................$
Computer Charges ........................$
Real Estate Rentals......................$
Telecommunications.......................$
Per Diem, Fees and Contracts.............$
Postage..................................$
Total Funds Budgeted.....................$
Indirect DOAS Services Funding...........$
State Funds Budgeted.....................$
Total Positions Budgeted
84,000
-0-
66
16
43,147,247
370,000
19,570
17,850
-0-
5.500
700
10,780
30,071
15.000
50.000
4.500
523,971
116,643
16
2,191,867
244,720
70,000
-0-
269.000
5,000
534,266
-0-
73.500
60.500
1,800
3,450,653
500.000
2,906,816
127
GEORGIA LAWS 1981 SESSION
1179
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-
1180
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1181
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
39
1182
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1183
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
Provided, that the Director of the Department
of Public Safety is hereby authorized to pay dues
for Georgias portion of the cost of the membership
in the Vehicle Equipment Safety Compact, the
American Association of Motor Vehicle Adminis-
trators, and the International Association of Chiefs
of Police (State and Provincial Police).
Provided, however, that of the above appropri-
ation for Conviction Reports, payment for convic-
tion reports is not to exceed $.25 per conviction
report.
1184
GENERAL ACTS AND RESOLUTIONS, VOL. I
Provided that to the extent that Federal Funds
are realized in excess of the amounts of such funds
contemplated in the Georgia Peace Officers Stan-
dards and Training Activity of this Act, the Office
of Planning and Budget is authorized and directed
to supplant State Funds appropriated herein. Pro-
vided 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 here-
inafter authorized to develop and establish speci-
fications 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...........
Departmental Operations Budget:
Payments to Employees
Retirement System.................
Employer Contributions .............
Total Funds Budgeted................
State Funds Budgeted................
$ 11,374,727
$ 156,627
$ 11,218,100
$ 11,374,727
$ 11,374,727
GEORGIA LAWS 1981 SESSION
1185
Budget Unit Object Classes:
Payments to Employees
Retirement System.......................$ 156,627
Employer Contributions ..................$ 11,218,100
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
1186
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
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
GEORGIA LAWS 1981 SESSION
1187
Capital Outlay.........................
Total Funds Budgeted...................
Less Agency Funds:
Departmental Income....................
Sponsored Income.......................
Other Funds............................
Auxiliary Income.......................
Indirect Communication Charges.........
State Funds Budgeted...................
Total Positions Budgeted
Provided, that from appropriated funds in A,
the amount of $20,877,000 in F.Y. 1982 is desig-
nated and committed to guarantee payment of
lease rental contracts as a first charge on such
funds.
Provided, none of the funds herein appropri-
ated 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 commit-
ments 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
$ 14,600,000
$ 625,042,925
$ 13,500,000
$ 97,000,000
$ 101,725,000
$ 2,778,000
$ 3,027,300
$ 407,012,625
16,350
1188
GENERAL ACTS AND RESOLUTIONS, VOL. I
Federal Government, or from any other source,
shall be available for use or expenditure for educa-
tional and general or plant purposes until made
available by written approval of the Office of Plan-
ning 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 avail-
able 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 Repre-
sentatives.
Provided, that revenue from student fees which
exceeds the original budget estimates of student
fees by $2,000,000 shall not be available for opera-
tions 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 Univer-
sity System generating such income.
Provided, that from the above appropriated
amount for Capital Outlay, $3,000,000 is specifi-
cally appropriated for renovations and improve-
ments of physical plant facilities.
Provided, further, it is the intent of this Gen-
eral Assembly that the 1 1/2% Personal Services
continuation factor incorporated into the Resident
Instruction appropriation in this Appropriations
Act be utilized to provide 2 1/2% merit-type
increases.
GEORGIA LAWS 1981 SESSION
1189
2. Marine Resources Extension
Center Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 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.......................S 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
1190
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.......................$ 345,100
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
GEORGIA LAWS 1981 SESSION
1191
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
1192
GENERAL ACTS AND RESOLUTIONS, VOL. I
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-
GEORGIA LAWS 1981 SESSION
1193
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 con-
tracts with medical schools for a student precep-
torship program. Provided, further, that each stu-
dent 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-
1194
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 DO AS 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
GEORGIA LAWS 1981 SESSION
1195
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
Provided, that of the above appropriation rela-
tive to Grants to Junior Colleges, payments are to
be based on a rate of $772 per EFT student.
Furthermore, 50 quarter credit hours shall be used
in the calculation of an equivalent full-time stu-
dent.
It is the intent of the General Assembly that the
State shall provide no more than 50 percent of The
School of Medicine at Morehouse Colleges total
operating cost (including capitation grants). Pro-
1196
GENERAL ACTS AND RESOLUTIONS, VOL. I
vided, further, quarterly expenditure reports and
certified annual audits shall be provided to the
State Auditor and General Assembly on a timely
basis.
Section 38. Department of Revenue.
Budget Unit: Department of Revenue.............$ 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-
GEORGIA LAWS 1981 SESSION
1197
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,
$2,000,000 is designated and committed for use in
contracting with the Department of Offender
Rehabilitation for the production of at least
1,960,000 motor vehicle tags, and for this purpose
only.
Any such contract may provide for partial,
advance payment from the Department of Reve-
nue to Georgia Correctional Industries during tag
production, but in no case shall the total amount
paid for such tags exceed the amount herein appro-
priated, provided the advances made are for ser-
vices to be rendered within the same fiscal year.
3. Property Tax Budget:
Personal Services ........................$ 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
1198
GENERAL ACTS AND RESOLUTIONS, VOL. I
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....................................S 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
GEORGIA LAWS 1981 SESSION 1199
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-
Post age..................................$ 210,000
Total Funds Budgeted......................$ 4,953,849
Indirect DO AS 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...................................8 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-
1200
GENERAL ACTS AND RESOLUTIONS, VOL. I
Postage....................................$ 42,841
Total Funds Budgeted.......................$ 6,619,050
Indirect DO AS 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
GEORGIA LAWS 1981 SESSION
1201
Intangible Tax Equalization Fund...........$ -0-
Postage....................................$ 1,396,191
Total Positions Budgeted 1,057
Authorized Motor Vehicles 60
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
1202 GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1203
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
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
1204
GENERAL ACTS AND RESOLUTIONS, VOL. I
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....................................S 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............................8 -0-
Authority Lease Rentals...................$ 1,276,000
GEORGIA LAWS 1981 SESSION
1205
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-
1206
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1207
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
Real Estate Commission Functional Budget
Cost of
State Funds 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
1208
GENERAL ACTS AND RESOLUTIONS, VOL. I
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...................................S 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.....................................S 31,500
GEORGIA LAWS 1981 SESSION
1209
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..................................$ 23,5 L0
Total Positions Budgeted 77
Authorized Motor Vehicles 1
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 appropri-
ated 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 educa-
tional fields of study; (b) an amount not to exceed
1210
GENERAL ACTS AND RESOLUTIONS, VOL. I
$100,000 is designated and committed for the pur-
pose 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 pro-
viding 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 cancella-
ble loans to students who are to become agricul-
tural 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 Chap-
ter 32-37.
Provided, that the above appropriated amount
relative to Tuition Equalization Grants provides
for payment of grants of $675 per academic year,
and for payment of grants for the 1981 summer
school quarter or semester, to undergraduate stu-
dents attending private colleges in Georgia as pro-
vided for in Article 5 of Code Chapter 32-37.
Provided, that the above appropriated amount
relative to North Georgia College ROTC Grants
provides for payment of grants to eligible students
as provided for in Article 6 of Code Chapter 32-37.
Provided, that the above appropriated amount
relative to Law Enforcement Personnel Depen-
dents Grants provides for payment of grants to
eligible students as provided for in Article 7 of
Code Chapter 32-37.
Provided, that the above appropriated amount
relative to North Georgia College Military Scholar-
ships provides for payment of scholarships to
select recipients as provided for in Article 9 of
Code Chapter 32-37.
GEORGIA LAWS 1981 SESSION
1211
Provided, that the above appropriated amount
relative to Payment of Interest and Fees is desig-
nated and committed for the purpose of enabling
the Georgia Higher Education Assistance Corpora-
tion to make state interest subsidy payments to
lenders as provided for in Code Section 32-3314,
and loam discount fee payments to lenders as pro-
vided for in Code Section 32-3315.
Provided, that from any of the above appropri-
ated amounts any available funds may be utilized
by the Georgia Higher Education Assistance Cor-
poration for the purpose of making timely pay-
ments of interest and special allowances to lenders
as provided for in Code Section 32-3313 and Code
Section 32-3710.
Section 41. Soil and Water Conservation
Committee.
Budget Unit: Soil and Water
Conservation Committee...........$ 747,399
1. Soil and Water Conservation
Central Office Budget:
Personal Services .......................$ 340,400
Regular Operating Expenses ..............$ 37,500
Travel...................................S 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-
1212
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
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
GEORGIA LAWS 1981 SESSION
1213
State Funds Budgeted.....................$
Total Positions Budgeted
Budget Unit Object Classes:
Personal Services .......................$
Regular Operating Expenses...............$
Travel...................................$
Motor Vehicle Equipment Purchases .......$
Publications and Printing................$
Equipment Purchases .....................$
Computer Charges ........................$
Real Estate Rentals......................$
Telecommunications.......................$
Per Diem, Fees and Contracts.............$
Postage..................................$
Floor Fund for Local
Retirement Systems.....................$
Employer Contributions ..................$
Total Positions Budgeted
Authorized Motor Vehicles
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...................$
1. Planning and Construction
Budget:
Personal Services .......................$
Regular Operating Expenses...............$
Travel...................................$
Motor Vehicle Equipment
Purchases .............................S
Publications and Printing................$
Equipment Purchases .....................$
Computer Charges ........................$
Real Estate Rentals......................$
Telecommunications.......................$
Per Diem, Fees and Contracts.............$
6,876,500
61
1,235,056
69,500
12,000
-0-
26,000
5,000
368,428
72,196
38.000
115,000
60.000
1,497,000
5,379,500
61
1
392,308,298
68,828,958
4,023,131
1,373,885
-0-
249,800
50,545
-0-
31,125
823,020
8,767,791
40
1214
GENERAL ACTS AND RESOLUTIONS, VOL. I
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........................S 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
GEORGIA LAWS 1981 SESSION
1215
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, Sec-
tion 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 pre-
ceding 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 addi-
tional appropriations and/or balances appropri-
ated and brought forward from previous years as
1216
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 equip-
ment 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. Pro-
vided, further, that in order to meet the require-
ments 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 Pro-
gram not to exceed the amount of State Motor Fuel
Tax Revenues actually paid into the Fiscal Divi-
sion of the Department of Administrative Services
and constitutionally appropriated to the Depart-
ment of Transportation.
For lease rental obligations of the Department
of Transportation to the Georgia Highway Author-
ity and the Georgia Building Authority in accord-
ance with lease rental contracts now in existence
and for appropriations to the State of Georgia
GEORGIA LAWS 1981 SESSION
1217
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 Depart-
ment 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 Adminis-
trative Services in the same proportional basis to
each county as the proportion of each countys
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 govern-
ing 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 com-
pare 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
1218
GENERAL ACTS AND RESOLUTIONS, VOL. I
Capital Outlay - Paving State
and Local Schools and
State Institutions ...................
Paving State Parks and
Historic Sites........................
Capital Outlay - Paving
Farmers Markets.........................
This appropriation shall be accounted for sepa-
rately from all other appropriations to the Depart-
ment of Transportation, and shall be in addition to
appropriations of an amount equivalent to motor
fuel tax revenue required under Article III, Section
X, Paragraph VII, subsection (b) of the State
Constitution.
7. Assistance to Municipalities
Budget:
Grants to Municipalities.................
Total Funds Budgeted.....................
State Funds Budgeted.....................
For grants to municipalities for Capital Outlay
in accordance with an Act approved March 31,
1965 (Ga. Laws 1965, p. 458), as amended.
Provided, further, that a member of the govern-
ing 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 Con-
stitution, and file the same with the Fiscal Division
of the Department of Administrative Services. At
the request of the Governor or the Office of Plan-
ning 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.
750.000
500.000
250.000
9,317,000
9,317,000
9,317,000
Provided, further, that the above sums shall be
distributed and disbursed to the various munici-
GEORGIA LAWS 1981 SESSION
1219
palities 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......................S 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.......................S -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
1220
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
For the general administrative expenses of air-
port development, mass transit planning and
development, the promotion of aviation safety, the
provision of air transportation services, and for
contractual expense for harbor maintenance.
GEORGIA LAWS 1981 SESSION
1221
Provided, that the Department of Trans-
portation 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 Trans-
portation 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 indi-
vidual airport project when matching Local Funds
only with no Federal Fund participation. Pro-
vided, further, that the Department of Trans-
portation 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 $744,500 of the above allocation
for harbor maintenance payments is designated
and committed for payment for harbor mainte-
nance and improvements at Savannah.
Provided, further, that the Department of
Transportation is authorized and directed to
transfer to Personal Services from other object
classes such funds as are required to fund the
increased Personal Services costs contemplated in
this Act, subject only to approval by the Office of
Planning and Budget.
Provided further, it is the intent of this General
Assembly that the following class may be reas-
signed at the discretion of the Department of
Transportation as shown:
Class Name New Paygrade
Transportation Engineer Associate 31 @ 3 or 4
Section 44. Department of Veterans Service.
Budget Unit: Department of Veterans
Service.......................$ 9,786,748
1222
GENERAL ACTS AND RESOLUTIONS, VOL. I
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-
GEORGIA LAWS 1981 SESSION
1223
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..................................S 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
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
1224
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
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 Obliga-
tion 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.
GEORGIA LAWS 1981 SESSION
1225
Provided, that from the above appropriated
amount for the State of Georgia General Obliga-
tion Debt Sinking Fund, $550,000 is specifically
appropriated for the purpose of financing a new
construction program which consists of the acqui-
sition 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 appropri-
ations 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 Agricul-
ture, 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 Depart-
ment of Human Resources. Provided, further, the
Office of Planning and Budget is hereby autho-
rized to transfer funds from this section to the
Departments 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 collec-
tions.
Section 48. In addition to all other appropri-
ations 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 appro-
priated $165,290,000 for the purposes described
herein: 1) An increase of 8% with a $700 minimum
1226
GENERAL ACTS AND RESOLUTIONS, VOL. I
for employees of the executive, judicial and legisla-
tive 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 experi-
ence 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 per-
sonnel; 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 appropria-
tion for cost-of-living increases, $78,000 is desig-
nated 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 trans-
ferred from this section without prior review and
approval by the Legislative Budget Office.
Section 50. In addition to all other appropri-
ations for the fiscal year ending June 30, 1982,
there is hereby appropriated $2,754,346 to be allo-
cated to various state agencies for the purpose of
paying quarterly premiums for workers compen-
GEORGIA LAWS 1981 SESSION
1227
sation payments to the Department of Administra-
tive 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 match-
ing funds for this purpose.
Section 51. In addition to all other appropri-
ations 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, com-
mission and authority receiving appropriations in
this Act shall develop and enforce stringent regula-
tions 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 Gen-
eral 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 pro-
cedures to control usage of long-distance, GIST
1228
GENERAL ACTS AND RESOLUTIONS, VOL. I
and credit card telephone calls, in order to mitigate
the States 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 fol-
lows, 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 match-
ing ratio experienced in the immediately preceding
fiscal year, which such supplanted State funds
shall thereupon be removed from the annual oper-
ating 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 fea-
sible; and that at the end of this fiscal year, said
Office of Planning and Budget provide written
notice to the members of the Appropriations Com-
mittees of the Senate and House of Representa-
tives 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 appropria-
tion 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 appropri-
ations, there is hereby appropriated as needed, a
GEORGIA LAWS 1981 SESSION
1229
specific sum of money equal to each refund autho-
rized by law, which is required to make refund of
taxes and other monies collected in error, farmer
gasoline tax refund and any other refunds specifi-
cally 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 autho-
rized under this Act shall be used to continue
programs currently funded by 100% Federal
funds.
^Section 58. Provided further that no St]
fundsTirr-this appropriation shall be p,
behalf of Geotgiajndigent LggaHSeigri
affiliates, nor shall 'aj&-&tate facilities
available fortl)i4Mrse7includlrig^u^not li:
the GorgiS~lnteractive Statewide Te
Sions Network either directly or indiri

Section 59. In accordance with the require-
ments of Article IX, Section VI, Paragraph la of
the Constitution of the State of Georgia, as
amended, there is hereby appropriated payable to
each department, agency, or institution of the
State sums sufficient to satisfy the payments
required to be made in each year, under lease
contracts now in existence or as provided for in this
Appropriations Act between any department,
agency, or institution of the State, and any author-
ity created and activated at the time of the effec-
tive 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 insuffi-
1230
GENERAL ACTS AND RESOLUTIONS, VOL. I
dent in any year to make the required payments in
full, there shall be taken from other funds appro-
priated to the department, agency or institution
involved, an amount sufficient to satisfy such defi-
ciency 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 appropria-
tions made and authorized under this Act shall be
according to the programs and activities as speci-
fied in the Governors 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 trans-
ferred for use in initiating or commencing any new
program or activity not currently having an appro-
priation 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 Subcom-
mittees in a meeting called to consider said trans-
fers. 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, commis-
sion, institution or other agency of this State are in
violation of this Section or in violation of any
GEORGIA LAWS 1981 SESSION
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 operat-
ing budget containing any such allocation until
such shall be submitted and approved in the same
manner and under the same conditions provided
hereinbefore for transfers.
Section 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 classi-
fication 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 specifi-
cally 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 appropri-
ations provided in the foregoing Section of this Act
1232
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 66. 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:
GEORGIA LAWS 1981 SESSION
1233
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 para-
graphs (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
1234
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Administra-
tive 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 para-
graph (3) of this subsection.
(3) Upon the death of such senior judge, the surviving
spouse shall receive for life, or until the remarriage of sucb
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.
GEORGIA LAWS 1981 SESSION
1235
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.,
1236
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 perfor-
mance 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 members 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 com-
pleted years of services as an appellate court judge. For the purposes
of this subsection, the word incapacitated or incapacity means
GEORGIA LAWS 1981 SESSION
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 equiva-
lent 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 benefi-
ciaries 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 members 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 differ-
ence 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.
1238
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 require-
ments 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
GEORGIA LAWS 1981 SESSION
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 substitut-
ing 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:
You are hereby notified that according to State law, your
registration as a qualified voter will be canceled for having failed
to vote within the past three years, unless you request a
continuance of your registration in writing by
(Month) (Date) (Year)
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 electors desire to continue the electors 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.
1240
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 electors desire to continue the electors 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.
GEORGIA LAWS 1981 SESSION
1241
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 Insur-
ance 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:
1242
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 unions 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.
GEORGIA LAWS 1981 SESSION
1243
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 corpora-
tion shall have the same powers and privileges as any other state-
chartered 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.
1244
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 issu-
ance 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 commit-
tee 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.
GEORGIA LAWS 1981 SESSION
1245
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 41 A, known as the Financial Institutions
Code of Georgia, as amended, is hereby amended by striking subsec-
tion (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:
41
1246
GENERAL ACTS AND RESOLUTIONS, VOL. I
41A-3004. Organizational meeting of directors, (a) Within 30
days after receipt of the certificate of incorporation from the Secre-
tary 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, funds 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 corpora-
tion, 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 vali-
dated 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;
GEORGIA LAWS 1981 SESSION
1247
(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 associ-
ations, 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 regula-
tions issued by the department; and
(5) Any other types of investments authorized by the
department, provided such investments shall not, in the aggre-
gate, 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:
41A-3103. 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.
1248
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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:
GEORGIA LAWS 1981 SESSION
1249
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 commit-
tees, 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, presi-
dent, 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.
1250
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 autho-
rize 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, sus-
pend. 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
GEORGIA LAWS 1981 SESSION
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 commit-
tee 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 indepen-
dent 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.
1252
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) The credit committee may appoint one or more employ-
ees and delegate to such persons the power to approve or disap-
prove loans subject to such limitations or conditions as the credit
committee prescribes. Records of loans approved shall be main-
tained 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 unions maximum loan
limitation or such lower limit as the credit committee shall estab-
lish 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 mem-
bers, 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 $1,100,000.00. 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
GEORGIA LAWS 1981 SESSION
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 adequate collat-
eral 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 unions net earnings before dividends in the fiscal year preced-
ing 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:
1254
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 repre-
sented 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:
GEORGIA LAWS 1981 SESSION
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-
6,GOO-
12,000-
20,000-
30.000-
40.000-
50.000-
100,000-
200,000-
5,999
11.999
19.999
29.999
39.999
49.999
99.999
199,999
and up
9,000
12,000
14.000
15.000
16.000
17.000
18.000
19,000
20,000.,
and inserting in lieu thereof the following:
0-
6,000-
8,000-
12,000-
20,000-
30.000-
40.000-
50.000-
100,000-
200,000-
5.999
7.999
11.999
19.999
29.999
39.999
49.999
99.999
199,999
and up
10,800
14.400
15,500
17,800
19,600
21.400
23,200
25,000
26,700
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 notwith-
standing, 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
1256
GENERAL ACTS AND RESOLUTIONS, VOL. I
monthly installments from the funds of the county, of not less than
the amount fixed in the following schedule:
Population
0- 5,999
6.000- 7,999
8.000- 11,999
12.000- 19,999
20.000- 29,999
30.000- 39,999
40.000- 49,999
50.000- 99,999
100.000- 199,999
200.000- and up
Minimum Salary
$ 10,800
14,400
14.400
16,800
18,000
19,200
20.400
21,600
22,800
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 and 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:
GEORGIA LAWS 1981 SESSION
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 contamina-
tion 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
anti-syphon devices established by the American Society of Agricul-
tural 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 when-
ever 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
1258
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 proceed-
ings 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 implementa-
tion 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 direc-
tor; 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
GEORGIA LAWS 1981 SESSION
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 Assem-
bly finds that the rising cost and uncertain supply of energy resources
requires an active program of energy conservation assistance, espe-
cially 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 Residen-
tial 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 Georgias 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 Residen-
tial 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.
1260
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Director means the director of the Office of Planning
and Budget or his designee.
(4) Person includes any individual, corporation, partner-
ship, 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 consul-
tation 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 Conserva-
tion Service Program. The initial proposed regulations shall be
based upon the state plan for the Residential Conservation Ser-
vice 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 contractors, suppliers,
and lenders;
(v) Inspections of installed measures;
(vi) Qualification of auditors and inspectors; and
GEORGIA LAWS 1981 SESSION
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 activi-
ties are not subject to this Act;
(3) On the activities of contractors, suppliers, or lenders,
when such activities are not subject to this Act;
1262
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 enforce-
ment 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 correc-
tive action as prescribed in such order be taken within a reasonable
time.
GEORGIA LAWS 1981 SESSION
1263
Section 9. Penalties and procedures for imposing such penalties,
(a) Civil penalties. Any covered utility who intentionally or negli-
gently 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 pro-
vided. 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 Adminis-
trative 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.
1264
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 11. Hearings. All hearings under this Act shall be
commenced and conducted in accordance with the Georgia Adminis-
trative 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.
GEORGIA LAWS 1981 SESSION
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.
1266
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 appear-
ance 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 appear-
ance of such weapon. The offense robbery by intimidation shall be a
lesser included offense in the offense of armed robbery. A person
GEORGIA LAWS 1981 SESSION
1267
convicted of armed robbery shall be punished by death or impris-
onment 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 AMENDED
LEASED 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,
1268
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
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 provi-
sions 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 provi-
sions relating to seizures and disposition of contraband in dry juris-
dictions; to specify that certain acts are unlawful; to provide penal-
ties; 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 regula-
tions; 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 enact-
1270
GENERAL ACTS AND RESOLUTIONS, VOL. I
ment of Code Title 5A by the 1980 regular session of the General
Assembly. It is recognized that, with any recodification encom-
passing 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 main-
taining 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..
GEORGIA LAWS 1981 SESSION
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 defini-
tions, 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 millili-
ters.
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:
1272
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) Promulgate rules and regulations he deems necessary for
the conversion from the metric system of measurement to the equiva-
lent 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; commis-
sioners powers. The commissioner, in accordance with such rules and
regulations as he shall adopt, in his discretion may permit importa-
tion 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
GEORGIA LAWS 1981 SESSION
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 pur-
suant 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:
5A-5510,
1274
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 officers 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 prop-
erty 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.
GEORGIA LAWS 1981 SESSION
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 commis-
sioner 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 bever-
ages 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 alco-
holic 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 contra-
band 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,
1276
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 contra-
band property shall file a claim with the commissioner at his
office in Atlanta within ten days from the day of seizure. The
GEORGIA LAWS 1981 SESSION
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 commissioners order may be taken to the
Superior Court of Fulton County by filing with the commis-
sioner 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 supe-
rior 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 provi-
sions, 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. How-
ever, 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 unlaw-
fully 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 accord-
ance 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 consump-
tion, 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.
42
1278
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 17. Said Code title is further amended by striking in
their entirety subsections (b) and (c) of Code Section 5A-502, 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 revok-
ing 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 evi-
dence 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 applica-
tion 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
GEORGIA LAWS 1981 SESSION
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 bound-
aries 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 prop-
erty 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.
1280
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 continu-
ous 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, sub-
ject 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 regula-
tion 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 tht reof 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.
GEORGIA LAWS 1981 SESSION
1281
Section 22. Said Code title is further amended by striking in
their entirety Code Sections 5A-510 and 5A-511, relating, respec-
tively, 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
1282
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 persons photograph, or
both, and giving such persons date of birth and includes, without
being limited to, a passport, military identification card, drivers
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 drivers 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 bever-
ages 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; excep-
tions. (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.
GEORGIA LAWS 1981 SESSION
1283
(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 5A-514, 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 establish-
ing, 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:
1284
GENERAL ACTS AND RESOLUTIONS, VOL. I
5A-519. Unaccompanied minors prohibited from entering cer-
tain 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 minors parent, guardian, or custodian, nor shall any business
establishment primarily engaged in the retail sale of alcoholic bever-
ages in unbroken packages permit any minor to enter its business
premises unless such minor is accompanied by the minors parent,
guardian, or custodian.
(b) For purposes of this section, business establishment primar-
ily 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 provi-
sions 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.
GEORGIA LAWS 1981 SESSION
1285
(c) The commissioner may take punitive action against violators
up to and including revoking the state retail dealers 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 appli-
cable 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:
t( ft
y y
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 provi-
sions of this part at the expiration of 15 days from the declaration of
the result.
1286
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 dis-
tilled spirits, which reads as follows:
(g) Upon each retail 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,
GEORGIA LAWS 1981 SESSION
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 courts certificate of residence of
applicant for license or tax stamps; no retail dealers 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 dealers 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 applicants residence certifying
that the applicant has been a bona fide resident of the county or
municipality for at least 12 months immediately preceding the appli-
cation 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:
1288
GENERAL ACTS AND RESOLUTIONS, VOL. I
5A-2506. Retail dealers to sell only unbroken packages. A retail
dealers 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 dealers,
so that when so amended Code Section 5A-2507 shall read as follows:
5A-2507. No advertisement of prices. No person holding a
retail dealers license to deal in distilled spirits shall display in any
show window or other place visible from without the licensees 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 50c per liter and on all
alcohol manufactured in this state from Georgia grown products a tax
of 70C 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:
GEORGIA LAWS 1981 SESSION
1289
(c) The commissioner, in accordance with such rules and regu-
lations 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<t 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 tbe issuance of the licenses is approved as provided in either
Code Section 5A-2902 or 5A-2903.,
1290
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 dealers 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 trans-
portation 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
GEORGIA LAWS 1981 SESSION
1291
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 5A-4303, 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 distribu-
tion outside of any incorporated municipality.
1292 GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 43. Said Code title is further amended by striking in its
entirety Code Section 5A-4304, relating to restrictions on malt bever-
age 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 dealers 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 other-
wise imposed by either subsections (a) or (b) of this section.
Section 46. Said Code title is further amended by striking from
Code Section 5A-4702, relating to exemptions from state excise
taxation of malt beverages, the following:
this subchapter,
GEORGIA LAWS 1981 SESSION
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<t 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.
1294 GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Where malt beverages are sold in bottles, cans, or other
containers, except barrel or bulk containers, a tax of 5<t 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.
GEORGIA LAWS 1981 SESSION
1295
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:
1296
GENERAL ACTS AND RESOLUTIONS, VOL. I
5A-5511. License for manufacture and sale by small domestic
wineries, (a) The commissioner may authorize any licensee autho-
rized 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 pre-
scribed 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, lie 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,
40c 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, 27c per liter and a
proportionate tax at like rates on all fractional parts of a liter.
GEORGIA LAWS 1981 SESSION
1297
(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, 67c 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,
67c 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 govern-
ments; 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 22c 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:
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:
1298
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 $100.00 shall be required.
Section 56. Said Code title is further amended by striking from
subsection (a) of Code Section 5A-6104, relating to sales by private
clubs within municipalities, the following:
80$ 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 referen-
dum 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 superin-
tendent of a county or municipality, which petition must be signed by
at least 25 percent of the registered voters of such county or munici-
pality who are qualified to vote at the general election immediately
preceding the presentation of the petition, the election superinten-
dent 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.
GEORGIA LAWS 1981 SESSION
1299
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 provi-
sion 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 authoriza-
tion 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 informa-
tion as the commissioner may deem necessary for the purposes of this
section.
1300
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 carri-
ers, 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 substi-
tuting in lieu thereof a new Code Section 5A-7105 to read as follows:
GEORGIA LAWS 1981 SESSION
1301
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 consump-
tion 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 sheriffs 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 knowl-
edge of the owner or lessee, it shall be disposed of by order of the
court after such advertisement as the court may direct.
1302
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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:
GEORGIA LAWS 1981 SESSION
1303
5A-9901.1. Unlawful sale of alcoholic beverages to, and unlaw-
ful 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 pro-
gram (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,
1304
GENERAL ACTS AND RESOLUTIONS, VOL. I
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, trans-
porting, 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, moder-
nize, 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 provi-
sions of Title 5A as created by this Act to the extent of any conflict.
GEORGIA LAWS 1981 SESSION
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
1306
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 uncon-
stitutional 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 assign-
ment to the Office of Planning and Budget for administrative pur-
poses; 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 func-
tions 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:
GEORGIA LAWS 1981 SESSION
1307
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.
1308
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 compen-
sation 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 trav-
eling by public carrier or the same mileage allowance for use of a
personal car in connection with such attendance as members of the
General Assembly receive. Such expense and travel allowance shall
be paid in lieu of any per diem, allowance, or other remuneration now
received by any such member for such attendance.
GEORGIA LAWS 1981 SESSION
1309
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 responsibili-
ties.
(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;
43
1310
GENERAL ACTS AND RESOLUTIONS, VOL. I
(7) To coordinate high visibility criminal justice research
projects and studies with a state-wide impact which cross tradi-
tional system component lines;
(8) To convene periodically state-wide criminal justice con-
ferences involving key executives in the Georgia criminal justice
system and elected officials for the purpose of developing, priori-
tizing, 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 exer-
cise any power, undertake any duty, or perform any function pres-
ently 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.
GEORGIA LAWS 1981 SESSION
1311
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 revoca-
tion of a license under certain conditions; to provide that the continu-
ing 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.
1312
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 dis-
miss 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 commis-
sion may employ and fix the compensation of the following employ-
ees, 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 84-1410 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.
GEORGIA LAWS 1981 SESSION
1313
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 commis-
sion 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 broker-
age firms 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 commis-
sion 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
1314
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 licensees 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 invest-
igation. 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 invest-
igation 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 commis-
sion 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.
GEORGIA LAWS 1981 SESSION
1315
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, continu-
ing education, and recertification for emergency medical technicians,
cardiac technicians, and advanced emergency medical technicians; to
provide for certificate revocation and reinstatement; to require notifi-
cation 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 techni-
cians and cardiac technicians. These standards may include such
additional examination or educational requirements as the board or
1316
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 require-
ments 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 immedi-
ately 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 persons
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
GEORGIA LAWS 1981 SESSION
1317
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 holders furnishing to the depart-
ment 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 rein-
statement 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 educa-
tion 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 require-
ments provided in this Code section in order to maintain such
persons 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.
1318
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 pro-
vide 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 grandpar-
ents 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 childs 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.
GEORGIA LAWS 1981 SESSION
1319
(3) The parent of the minor childs 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 circum-
stances 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 discre-
tion, 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.
1320
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 pro-
tective 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 enforce-
ment and penalties; to provide for expenses; to provide for coopera-
tion 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,
GEORGIA LAWS 1981 SESSION
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 directors 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 incapaci-
tated.
(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 adults mental or physical incapacity.
(8) Essential services means social, medical, psychiatric,
or legal services necessary to safeguard the disabled adults rights
and resources and to maintain the physical and mental well-being
1322
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 adults consent.
(9) Exploitation means the illegal or improper use of a
disabled adult or that adults resources for anothers 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 pro-
tect 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 adults
caretaker, the age of the disabled adult, the nature and extent of the
disabled adults injury or condition resulting from abuse, exploita-
tion, 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 invest-
igation 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 mali-
cious 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
GEORGIA LAWS 1981 SESSION
1323
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 particu-
lar 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 invest-
igation 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 protec-
tive 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 there-
with 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.
1324
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 con-
tempt of the court issuing such order and may be punished accord-
ingly 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 attorneys fees for any hearing conducted
under this section.
Section 6. (a) The staff and physicians of local health depart-
ments, mental health clinics, and other public agencies shall cooper-
ate fully with the director in the performance of his duties under this
Act.
(b) The director may contract with an agency or private physi-
cian 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 regula-
tions 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 depart-
ment, 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 unconsti-
GEORGIA LAWS 1981 SESSION
1325
tutional, 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 uncon-
stitutional 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:
1326
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 holders person together with the
holders 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.
GEORGIA LAWS 1981 SESSION
1327
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 contribu-
tions 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 members 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 con-
strued 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:
1328
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 docu-
ment 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 contri-
butions plus applicable accrued interest in accordance with regu-
lations 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 members 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.
GEORGIA LAWS 1981 SESSION
1329
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 Acci-
dent 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 insur-
ance 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.
1330
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Prop-
erty 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 facili-
ties; 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.,
GEORGIA LAWS 1981 SESSION
1331
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 subdivi-
sion 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 Depart-
ment 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
1332
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Authoritys abil-
ity 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 Universi-
ties 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
bachelors degree, or provides an educational program, admission
into which is conditioned upon the prior attainment of a bache-
lors 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
GEORGIA LAWS 1981 SESSION
1333
(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 subsec-
tions (q), (r), and (s) when so amended shall read as follows:
(q) To exercise any power usually possessed by private corpora-
tions 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.
1334
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 6. In the event any section, subsection, sentence, clause,
or phrase of this Act shall be declared or adjudged invalid or unconsti-
tutional, 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 uncon-
stitutional 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, qualifica-
tion, 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 informa-
tion; to provide an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1981 SESSION
1335
Section 1. Code Section 24-2801, relating to election, qualifica-
tion, 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 educa-
tion training as established by the Georgia Peace Officer Stan-
dards 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 subsec-
tion.
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.
1336
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 con-
taining such information as it may have in its possession bearing on
the history and causes of any insurer insolvency in which the associa-
tion was obligated to pay covered claims; to provide that records shall
be kept of all negotiations and meetings; to provide certain proce-
dures 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 induce-
ment 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 conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1981 SESSION
1337
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 continu-
ation 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 agree-
ment issued by a nonprofit hospital service corporation referred to
1338
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Insur-
ance 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 insur-
ance 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.
GEORGIA LAWS 1981 SESSION
1339
(10) Insolvent insurer means a member insurer against
which a final order of liquidation containing a finding of insol-
vency 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 56-2202.
(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 insur-
ers 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 56-2208 and shall exercise its
powers through a board of directors established under Code Section
56-2205. For purposes of administration and assessment, the associa-
tion 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.
1340
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 56-2204; 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 non-
stock, most likely to incur the largest assessment, for each of the
accounts listed under said Code Section 56-2204. The Commis-
sioner shall solicit from said 18 insurers the names of 18 individ-
uals 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 non-
stock 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 Com-
missioner 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 quali-
fied.
GEORGIA LAWS 1981 SESSION
1341
(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 associa-
tion 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.
44
1342
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 insurers domiciliary jurisdic-
tion 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
insurers 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, tbe association may request that
there be imposed temporary moratoriums or liens on pay-
ments of cash values and policy loans in addition to any
contractual provisions for deferral of said cash value pay-
ments or policy loans. Such temporary moratoriums and liens
may be imposed if they are approved by a court of competent
jurisdiction.
GEORGIA LAWS 1981 SESSION
1343
(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 associa-
tion under this chapter with respect to insolvent insurers.
(6) Upon his request, the association may render assistance
and advice to the Commissioner concerning rehabilitation, pay-
ment 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 obli-
gated 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 guaran-
teeing the covered policies of the impaired or insolvent insurer and
the determination of the covered policies and contractual obliga-
tions.
(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
1344
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 chap-
ter. 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 pf the association and to
perform such other functions as become necessary or proper
under this chapter.
(E) Negotiate and contract with any liquidator, reha-
bilitator, 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 domes-
tic 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.
GEORGIA LAWS 1981 SESSION
1345
(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 examina-
tions conducted under the authority of subsection (c) of Code
Section 56-2210.
(2) Class B assessments shall be made to the extent neces-
sary 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 neces-
sary 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 deter-
mined 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 subsec-
tion (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 preced-
ing 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 assess-
ment 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
1346
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 assess-
ments 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
insurers 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
GEORGIA LAWS 1981 SESSION
1347
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 deter-
mines 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 insur-
ance within the scope of this chapter to consider the amount reason-
ably necessary to meet its assessment obligations under this chapter.
(h) The association shall issue to each insurer paying an assess-
ment 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 advis-
able to effectuate the provisions of this chapter. Such rules shall
continue in force until modified by the Commissioner or super-
seded 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.
1348
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 mem-
bers 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 finan-
cial 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 56-
2206(10)(C) and 56-2207, shall be delegated to a corporation, associa-
tion, 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 appropri-
ate states for each member insurer.
GEORGIA LAWS 1981 SESSION
1349
(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 consti-
tute 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 Commis-
sioner 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 Commis-
1350
GENERAL ACTS AND RESOLUTIONS, VOL. I
sioner 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 preven-
tion 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 infor-
mation 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 represen-
tatives 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 impairment 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
GEORGIA LAWS 1981 SESSION
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, rehabilita-
tion, or conservation proceeding, the court may take into consider-
ation 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 insol-
vent 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 56-2206 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 liquida-
tion 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
1352
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 subsec-
tion 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 distribu-
tion 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 Commis-
sioner 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
GEORGIA LAWS 1981 SESSION
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 Associ-
ation 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 insur-
ance.
(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 56-2201 which shall consti-
tute an aid and guide to interpretation.
1354
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 mar-
kets; to repeal an Act relating to farmers markets, approved Febru-
ary 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:
GEORGIA LAWS 1981 SESSION
1355
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 Agricul-
ture 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 appur-
tenances 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 agricul-
tural 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
1356
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 part-
nership, association, firm, company, or corporation.
(7) Real property shall include both improved and unim-
proved 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 agricul-
tural products and such other information as may benefit the
producers, purchasers, and consumers of this state.
GEORGIA LAWS 1981 SESSION
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 rela-
tions and services among producers, distributors, and consumers.
(6) Investigate delays, embargoes, conditions, practices,
charges, and rates in the transportation and handling of agricul-
tural products; and, when deemed necessary, may cause proceed-
ings 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 depart-
ment 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 employ-
ment.
1358
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 mar-
kets;
(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 pro-
ducts 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.
GEORGIA LAWS 1981 SESSION
1359
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 Com-
mission, 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 inter-
ests 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:
STATE OF GEORGIA,
Acting by and through its
Department of Agriculture,
a department within the
executive branch of the
state government
of Georgia.
By: (signature line) (SEAL)
Name: (name of
Commissioner
of Agriculture)
Title: Commissioner
of Agriculture
1360
GENERAL ACTS AND RESOLUTIONS, VOL. I
Attest:(signature Iine)(SEAL)
Name: (name of Secretary
of State)
Title: Secretary of
State of
the State
of Georgia
(Department of Agriculture
seal affixed here)
(Great Seal of the State
of Georgia affixed
to this instrument)
Signed, sealed and delivered,
(as to [names of Commissioner
of Agriculture and Secretary
of State]) in the presence of:
Unofficial witness
Notary public, official witness
My commission expires
(Notary public seal affixed here)
(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 Proper-
ties Commission by an executive order of the Governor.
GEORGIA LAWS 1981 SESSION
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 Commis-
sioner 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
1362
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 reason-
able 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 conclu-
sively 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 con-
sent, within 30 days after receipt by the Commissioner of the
request therefor. The Commissioner shall give the person request-
ing 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.
GEORGIA LAWS 1981 SESSION
1363
(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 relat-
ing 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 States 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 refer-
ence to this Act and those rules and regulations shall not be consid-
ered insufficient or defective for reason of reference to or stated
reliance upon Ga. Laws 1935, p. 369, as amended, instead of this Act.
1364
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
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 uncon-
stitutional 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.
1366
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 condi-
tions; to authorize the department to waive the publication of sum-
maries of reports with respect to a certain class of financial institu-
tions; 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 incorpora-
tion 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 incorpora-
tion 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 indi-
GEORGIA LAWS 1981 SESSION
1367
vidual holding the position of chief executive officer of the bank
changes; to provide that an amendment of the articles of incorpora-
tion 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 infor-
mation or prior notice, directly or indirectly, to any officer, director,
agent, representative, or employee of a financial institution concern-
ing 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 infor-
mation 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 affirma-
1368
GENERAL ACTS AND RESOLUTIONS, VOL. I
tion 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 depart-
ment, 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;
GEORGIA LAWS 1981 SESSION
1369
(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 dis-
cretion;
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 41A-1103 to read as follows:
41A-1103. Restriction on corporate fiduciaries, (a) No corpora-
tion, 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
1370
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 corpora-
tions 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 corpora-
tion 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, advertise-
ments, or any other written or printed matter.
GEORGIA LAWS 1981 SESSION
1371
(c) Nothing in this Code section shall be construed to:
(1) Prevent the use of the words banks, banker, banking,
or bankers or any similar word in a context clearly not purport-
ing to refer to a general banking business;
(2) Prohibit advertisement in media distributed in or trans-
mitted 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 trans-
action as the acceptance.
1372
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 correspon-
dent 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 neces-
sity of obtaining a new approval. Such powers may be exercised only
if authorized by the articles of incorporation of the financial institu-
tion.
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 deposi-
tory which is:
(1) Selected by, or in a manner authorized by, its directors;
(2) Authorized by law to receive deposits; and
GEORGIA LAWS 1981 SESSION
1373
(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 com-
pany 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
45
1374
GENERAL ACTS AND RESOLUTIONS, VOL. I
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:
41A-2206. 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
GEORGIA LAWS 1981 SESSION
1375
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 depart-
ment 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:
41A-3520. Minors 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
1376
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
1377
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 Assem-
bly. 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.
1378
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 respon-
sible optometrist or physician skilled in diseases of the eye for
evaluation, approval, and follow-up care. A dispensing optician may
GEORGIA LAWS 1981 SESSION
1379
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 deter-
mined 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 provi-
sions of such respective laws, or exercising any of the powers con-
tained 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 subsec-
tion (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.
1380
GENERAL ACTS AND RESOLUTIONS, VOL. I
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;
GEORGIA LAWS 1981 SESSION
1381
(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.
1382
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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.
GEORGIA LAWS 1981 SESSION
1383
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, commis-
sion, 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.,
1384
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 insur-
ance, 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 estab-
lished 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 child-
ren 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.
GEORGIA LAWS 1981 SESSION
1385
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
17 A of said Act shall read as follows:
1386
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 author-
ity 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 Retire-
ment 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
GEORGIA LAWS 1981 SESSION
1387
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 judges 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 judges option, in
the event of service outside the county of the judges 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
1388
GENERAL ACTS AND RESOLUTIONS, VOL. I
employees for such services. Said compensation, expenses and mile-
age shall be paid from State funds appropriated or otherwise avail-
able 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 judges option, the same per diem
expense authorized by law for members of the General Assembly,
and by striking from Section 3 A 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 judges option, in the
event of service outside the county of the judges 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 mile-
GEORGIA LAWS 1981 SESSION
1389
age shall be paid from State funds appropriated or otherwise avail-
able 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, notwith-
standing 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 retire-
ment 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 judges option, the same per
diem expense authorized by law for members of the General Assem-
bly and shall receive mileage at the same rate as other State employ-
ees for such services. Said compensation, expenses and mileage shall
1390
GENERAL ACTS AND RESOLUTIONS, VOL. I
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:
GEORGIA LAWS 1981 SESSION
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 juve-
nile law and procedure, child development and psychology, sociologi-
cal 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 Judi-
cial Education. Said judges shall not exercise juvenile court jurisdic-
tion 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.
1392
GENERAL ACTS AND RESOLUTIONS, VOL. I
DISTRICT ATTORNEYS 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 Attorneys 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 Attorneys 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 Attor-
ney 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 Dis-
trict Attorney Emeritus, such person shall receive the salary he was
receiving as District Attorney Emeritus at the time of his resigna-
tion.
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:
GEORGIA LAWS 1981 SESSION
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 war-
rants, 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:
1394
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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, regula-
tion, 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:
GEORGIA LAWS 1981 SESSION
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 statuto-
rially 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 appoint-
ment, 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 l?e 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.
1396
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 appel-
late 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 Cooper-
ative 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
GEORGIA LAWS 1981 SESSION
1397
1953, Nov.-Dee. Sess., p. 105), as amended, so as to change certain
fees; to amend an Act known as the Electric Membership Corpora-
tion 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 refer-
ences; to repeal Code Section 24-3407, relating to deposits for nonresi-
dent plaintiffs; to repeal Code Section 39-708, relating to clerks 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.
1398
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.(K)
(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
GEORGIA LAWS 1981 SESSION
1399
(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
24-2727.3. Miscellaneous costs enumerated.
(1) Recording any instrument of
writing, not specified, per
page..........................................S 1.50
(2) Certification or exemplification
of record, per page.................................50
(3) Clerks certificate................................ 1.00
(4) Courts seal....................................... 1.00
(5) Issuing certificates of
appointment to notaries public
issuing certificates of
reappointment as provided by
Section 71-105, relating
1400
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1401
(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
1402
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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
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
GEORGIA LAWS 1981 SESSION
1403
(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 clerks 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
1404
GENERAL ACTS AND RESOLUTIONS, VOL. I
(11) For each day of service
in attendance upon the
courts...................................... 35.00
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.
24-2727.5. 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.......................................... LOO
(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 . .
each page, after the first
3.00
2.00
GEORGIA LAWS 1981 SESSION
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 termina-
tion 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 ......................
46
.75
1406
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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
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
GEORGIA LAWS 1981 SESSION
1407
trial, approved March 24,
1970 (Ga. Laws 1970,
p. 692), as amended..................... 1.00
(6) Preparation and transmission
of defendants 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
Clerks certificate
1.00
1408
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 dis-
charge 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 proceed-
ing 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,
GEORGIA LAWS 1981 SESSION
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 owners certificate shall desire a
copy of the plat attached as a part of his owners 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 clerks office with
reference thereto on the title register, as hereinbefore provided, like
reference shall be made on the owners certificate and on creditors
certificates when thereafter issued; but if the holder of such owners
certificate or creditors 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 owners certificate or
the creditors certificate, as the case may be. For making and
1410
GENERAL ACTS AND RESOLUTIONS, VOL. I
certifying such copy of the recorded document or writing and attach-
ing it to the owners certificate or creditors 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:
GEORGIA LAWS 1981 SESSION
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 24-
2727.3(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).
1412
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 24-
2727.5(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-9-407, 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 connec-
tion with blasting or excavating in the vicinity of gas pipes, approved
March 6,1969 (Ga. Laws 1969, p. 50), as amended, is hereby amended
GEORGIA LAWS 1981 SESSION
1413
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
1414
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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
Section 18. An Act to create liens in favor of hospitals, approved
December 14,1953 (Ga. Laws 1953, Nov.-Dee. 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 Corpo-
ration 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 certifi-
cates 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:
GEORGIA LAWS 1981 SESSION
1415
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 Associa-
tion 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 associations
principal office is located. The clerk shall record such Articles of
Association and any amendments thereto or instruments of dissolu-
tion 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
1416
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 clerks fees, and
which reads as follows:
39-708. Clerks 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 uncon-
stitutional 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.
GEORGIA LAWS 1981 SESSION
1417
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 rela-
tive 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 11 A. 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
1418 GENERAL ACTS AND RESOLUTIONS, VOL. I
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 autho-
rized to:
(1) Provide all relocation assistance and payments as authorized
by this Act;
(2) Establish and implement all acquisition policies and prac-
tices authorized under this Act; and
(3) Provide for reimbursement of all necessary expenses autho-
rized 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 reloca-
tion 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.
GEORGIA LAWS 1981 SESSION
1419
DEVELOPMENT AUTHORITIES LAW AMENDED
JOINT 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 municipali-
ties; to provide for membership of such joint authorities; to provide
for all related matters; to provide an effective date; to repeal conflict-
ing 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 provi-
sions 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 corpora-
tion, 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 partici-
pating governing bodies.
1420
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved 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 develop-
ment 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:
GEORGIA LAWS 1981 SESSION
1421
(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:
1422
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 out-
door 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
GEORGIA LAWS 1981 SESSION
1423
State Records Committee, with the concurrence of the Administra-
tive 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 reten-
tion 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.
1424
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 author-
ity.
(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 govern-
ments a list of common types of records maintained together with
recommended retention period and will provide training and assis-
tance 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
GEORGIA LAWS 1981 SESSION
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 corpora-
tions 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
1426
GENERAL ACTS AND RESOLUTIONS, VOL. I
injure the corporations creditors, the public, or the corporations
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 amend-
ing its articles of incorporation at any time during the period begin-
ning 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 incorpora-
tion, (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 corporations creditors, the public, or the
corporations 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
GEORGIA LAWS 1981 SESSION
1427
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 22-2102(h), since such expira-
tion date; and (3) that the corporations reviver will not injure its
creditors, the public, or the corporations 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 corpora-
tion) 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 corporations
period of duration _______________ (insert number of years or
phrase in perpetuity, whichever is applicable). Said corporations
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 contin-
ued 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 corporations credi-
tors, the public, or the corporations members and further pro-
vided 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.
1428
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 corporations members. Failure
on the part of the Secretary of State to issue a certificate of amend-
ment, 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.
GEORGIA LAWS 1981 SESSION
1429
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 employ-
ees 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 11a new Section 10A to read as follows:
Section 10A. Compensation to employees of certain penal insti-
tutions 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, which-
ever 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 11a new section, to be designated Section
10B, to read as follows:
1430
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1431
office hours, and inserting in lieu thereof a new subsection (b) to read
as follows:
(b) In those municipalities electing to maintain their own regis-
tration 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 elec-
tors, 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 regis-
tration 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 continu-
ation 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
1432
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 candi-
dacy, 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.
GEORGIA LAWS 1981 SESSION
1433
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:
1434
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 trans-
ferred 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 follow-
ing:
GEORGIA LAWS 1981 SESSION
1435
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 reim-
burse 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 documenta-
tion 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 reim-
burse 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 incarcer-
ation 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 incar-
ceration 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.
1436
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Author-
ity 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 ordi-
nances 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 pro-
vide 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),
GEORGIA LAWS 1981 SESSION
1437
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 ordi-
nances 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 Consti-
tution 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 empow-
ered 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 impris-
onment 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 jurisdic-
tion and authority of the State Court of Glynn County as now and
may be hereafter provided.
47
1438
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. In the event any section, subsection, sentence, clause
or phrase of this Act shall be declared or adjudged invalid or unconsti-
tutional 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 Gen-
eral Assembly hereby declares that it would have passed the remain-
ing 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 resolu-
tions.
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.
GEORGIA LAWS 1981 SESSION
1439
ELECTIONS, ETC. FOR ISSUANCE OF BONDS IN
CERTAIN COUNTIES (250,000 - 400,000).
Code Section 87-201.1 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 immedi-
ately 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 >f 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.
1440
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 encom-
passed 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.
GEORGIA LAWS 1981 SESSION
1441
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 mainte-
nance; 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
1442
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 deter-
mine 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, physi-
cally damaged, or otherwise rendered inoperable;
GEORGIA LAWS 1981 SESSION
1443
(b) He has spent at least $50.00 in the repair and mainte-
nance 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 (l)(a) and (l)(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 (l)(a) and (l)(c) have been per-
formed. 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 (l)(b) and
(l)(d) of this Section had they been applicable.
(5) All the requirements of paragraphs (l)(a), (l)(b), (l)(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 (l)(a), (l)(b), (l)(c), (l)(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 applica-
ble, 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
1444
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 sta-
tion, the signature of the mechanic inspector performing the inspec-
tion, and such other information as shall be required by the Commis-
sioner. 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 fran-
chised dealer selling the vehicle, provided such dealer first deter-
mines that such vehicle meets the applicable requirements of the
Federal Clean Air 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 14,1981.
GEORGIA LAWS 1981 SESSION
1445
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, jurisdic-
tion, privileges, and immunities of said judge; to prescribe the com-
pensation, 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.
1446
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
1447
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 unconsti-
tutional, 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 uncon-
stitutional 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.
1448
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 contri-
bution of 5 percent on the compensation last paid to him as an
employee before entering military service or 5 percent on the compen-
sation 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 members 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 members
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
GEORGIA LAWS 1981 SESSION
1449
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 contri-
bution of 5 percent on the compensation last paid to him as an
employee before entering military service or 5 percent on the compen-
sation 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 members 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.
1450
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 responsibili-
ties 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.
GEORGIA LAWS 1981 SESSION
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 high-
ways 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.
1452
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 pro-
vided 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 authori-
ties.,
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 jurisdic-
tion throughout the State of Georgia with such duties and powers as
are prescribed by law.
GEORGIA LAWS 1981 SESSION
1453
(b) It shall be the primary duty of the Georgia State Patrol to
patrol the public roads and highways of this State, including inter-
state 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.
1454
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 practica-
ble under the circumstances, the Georgia State Patrol shall reli-
nquish 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 assis-
tance to any law enforcement agency of this State or any municipal-
ity, 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 munici-
pality, 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 pro-
vided 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 autho-
rized to appoint two nonuniformed investigators who shall be certi-
fied peace officers pursuant to the provisions of the Georgia Peace
Officer Standards and Training Act. The commissioner shall deter-
mine 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
GEORGIA LAWS 1981 SESSION
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.
1456
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 here-
under 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.
GEORGIA LAWS 1981 SESSION
1457
DEVELOPMENT AUTHORITIES LAW AMENDED
PROJECT, 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 determina-
tion 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 Authoritys determination as to such
matters shall be final and not subject to review. No project as defined
1458
GENERAL ACTS AND RESOLUTIONS, VOL. I
by this subparagraph (F) shall be exempt from any ad valorem
taxation.
Section 2. Said Act is further amended by deleting subpara-
graph (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 pro-
vide 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 ses-
sion 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
GEORGIA LAWS 1981 SESSION
1459
WHEREAS, members of the Services for the Aged Study Com-
mittee 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 recog-
nizes 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 meaning-
ful recommendations for improving and expanding services and
legislation in the above areas; and
WHEREAS, meeting the needs of Georgias 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 Georgias 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 coor-
dinated transportation services for the elderly and with a comprehen-
sive 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 reconsider-
ation of problems already dealt with by the committee and to provide
a demonstrated familiarity and concern with the problems of the
aged.
1460
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 pro-
grams.
Approved April 14,1981.
GEORGIA LAWS 1981 SESSION
1461
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
1462
GENERAL ACTS AND RESOLUTIONS, VOL. I
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:
GEORGIA LAWS 1981 SESSION
1463
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.
1464
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1465
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:
1466
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
1467
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
1468
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
1469
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 citi-
zens, 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 single-family 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
48
1470
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, there should be no discrimination against handi-
capped persons either in housing or in any other matter, and if
necessary the constitutional provisions, laws, ordinances, and resolu-
tions 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 ordi-
nances 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 ASSEMBLYS 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
GEORGIA LAWS 1981 SESSION
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 state-wide total of almost 7,000; and
WHEREAS, without active governmental and professional com-
mitment 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 com-
munity-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 dem-
onstrated 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 institu-
tion, the Mercer University School of Medicine has received encour-
agement 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
1472
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Medicines program to provide an ade-
quate 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
GEORGIA LAWS 1981 SESSION
1473
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, Georgias 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
vice-chairman, 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
1474
GENERAL ACTS AND RESOLUTIONS, VOL. I
not be required to pay such grants and gifts or the income derived
therefrom into the general fund of the state treasury. The commis-
sion 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 commis-
sion. 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 compen-
sation 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 abol-
ished 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.
GEORGIA LAWS 1981 SESSION
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-of-way 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 desir-
ous 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 aforemen-
tioned plat of survey compiled by Rufus L. Dasher; and
1476
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Trans-
portation 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/lOO 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, com-
piled 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.
GEORGIA LAWS 1981 SESSION
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
1478
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 perma-
nent 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 proper-
ties 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 neces-
sary 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.
GEORGIA LAWS 1981 SESSION
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 Citys 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.
1480
GENERAL ACTS AND RESOLUTIONS, VOL. I
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, Georgias 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 states welfare and prosperity; and
WHEREAS, it is only fitting and proper that the General Assem-
bly 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.
GEORGIA LAWS 1981 SESSION
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 pur-
poses 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 other-
wise available to the legislative branch of government. The commit-
tee 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
1482
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 com-
mittee 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 under-
take 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 autho-
rized 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 recommenda-
tions, with suggestions for proposed legislation, if any, no later than
December 31, 1981, at which time the committee shall stand abol-
ished.
Approved April 14,1981.
GEORGIA LAWS 1981 SESSION
1483
GENERAL ASSEMBLYS 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 Georgias citizens are
black, but less than three percent (3%) of the physicians in Georgia
are black; and
WHEREAS, the life expectancy of Georgias black citizens is some
6 to 8 years less than that of Georgias 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 success-
ful in obtaining federal legislation which guarantees ongoing federal
support under a new Federal Challenge Program based upon match-
ing 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
1484
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, the Graduate Medical Education National Advisory
Committee (GMENAC), in predicting a future surplus of physicians,
specifically noted the continued acute shortage of minority physi-
cians 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 consid-
eration 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 accred-
ited 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 Medicines 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
GEORGIA LAWS 1981 SESSION
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 prop-
erty 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
1486
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 States 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 mitiga-
tion 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 manage-
ment responsibilities for the C.S.S. Georgia including total finan-
cial 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 consid-
eration the public interest of the people of Georgia and the United
States in the development of Savannah harbor.
Approved April 14,1981.
GEORGIA LAWS 1981 SESSION
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 Commis-
sion 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.
1488
GENERAL ACTS AND RESOLUTIONS, VOL. I
The chairman shall be elected by the legislative members of the
commission at the commissions 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 autho-
rized 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 legisla-
tion 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 mem-
bers of interim legislative committees, but no member of the commis-
sion 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.
GEORGIA LAWS 1981 SESSION
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 Georgias 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 southwest-
ern 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;
1490
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
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 prohib-
ited the use of said property for purposes other than public recrea-
tion; and
WHEREAS, said property contains a dam site that appears to be
feasible to renovate and operate as a hydroelectric generating facility;
and
1492
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 pur-
poses... 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.
GEORGIA LAWS 1981 SESSION
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, Neels 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
1494
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
State-owned 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.
GEORGIA LAWS 1981 SESSION
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 offend-
ers 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 assis-
tance 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
1496
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, the Jail-Prison Overcrowding Study has recom-
mended 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 crimi-
nal 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 GEN-
ERAL 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.
GEORGIA LAWS 1981 SESSION
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 prop-
erty 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 particu-
larly 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 Build-
ing 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 particu-
larly 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 Build-
ing Authority was then called) by deed dated June 30,1965, recorded
at Deed Book 4441, Page 270, in the Real Property records of the
1498
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Author-
ity, 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
GEORGIA LAWS 1981 SESSION
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
1500
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 states 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 reason-
ably 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 states 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.
GEORGIA LAWS 1981 SESSION
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 Georgias public utilities.
Section 3. The commission is authorized to employ and compen-
sate 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.
49
1502
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 pro-
vided 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 authori-
ties 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
GEORGIA LAWS 1981 SESSION
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 tbe 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 men-
tally 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
1504
GENERAL ACTS AND RESOLUTIONS, VOL. I
department. Each member of the General Assembly serving as a
member of the joint committee shall receive for his services on the
joint committee the expenses and allowances authorized by law for
members of interim legislative committees but shall receive the same
for not more than ten days. Citizens appointed by the Governor to
membership on the committee shall be reimbursed for their services
by the Department of Human Resources in the same manner as the
department reimburses members of the Governors 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 da e; 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
GEORGIA LAWS 1981 SESSION
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 dele-
gated, 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 circum-
stances 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 Commis-
sion) 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 particu-
larly 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 Nl,380,732.600 and
E432,785.990,1927 Georgia Transverse Mercator Grid System, West
Zone, as adjusted in 1974 for Metropolitan Atlanta Rapid Transit
1506
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 042208 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 034308 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 Nl,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 MARTAs installation,
maintenance, testing, repair, replacement, inspection and other use of
subterranean facilities and equipment related to MARTAs 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 pre-
serve and protect the interests of the State and in order to preserve
and protect MARTAs 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 accom-
GEORGIA LAWS 1981 SESSION
1507
plishment of MARTAs purposes as set forth in the Metropolitan
Atlanta Rapid Transit Authority Act of 1965, Ga. Laws 1965, com-
mencing at Page 2243, as amended, is in the best interests of the
State, and provided further that the Commission is therefore autho-
rized 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 MARTAs 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 amend-
ments, 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 immedi-
ately 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.
1508
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1509
WHEREAS, Columbia County is desirous of obtaining all of the
said real property; and
WHEREAS, the above-described 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 convey-
ance 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 Commis-
sion, for a consideration of one dollar ($1) and upon such further
conditions and provisions as directed by the State Properties Com-
mission.
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 consti-
tute 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.
1510
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 convey-
ance of the real property the State of Georgia is acting by and through
the State Properties Commission.
GEORGIA LAWS 1981 SESSION
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 Commis-
sion, 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 consti-
tute 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.
1512
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
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 com-
bined 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
1514
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
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
1516
GENERAL ACTS AND RESOLUTIONS, VOL. I
N 4607W a distance of 129 to an iron pin, thence running
N 43 53E a distance of 200to 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 con-
struction 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 convey-
ance 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.
GEORGIA LAWS 1981 SESSION
1517
Section 4. That for the purposes of compliance with the provi-
sions 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 consti-
tute 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
1518
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 emer-
gency response to emergency conditions other than fire; and
WHEREAS, the Georgia Association of Fire Chiefs and the
Georgia State Firemens 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 agen-
cies 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 Firefighters Standards
and Training Council.
GEORGIA LAWS 1981 SESSION
1519
(7) A representative of the Georgia Association of Fire
Chiefs to be appointed by the Associations Executive Board.
(8) A representative of the Georgia State Firemens Associa-
tion to be appointed by the Associations Executive Board.
(9) A representative of the Georgia Fire Inspectors Associa-
tion to be appointed by the Associations 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 Gover-
nor.
(21) One professional electrical engineer to be appointed by
the Governor.
(22) One emergency medical specialist to be appointed by the
Governor.
1520
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 allow-
ances 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 depart-
ments 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 responsibil-
ity 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 abol-
ished.
Approved April 14,1981.
GEORGIA LAWS 1981 SESSION
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 States 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 Picketts Mill Historic Site; to provide for consideration;
and for other purposes.
WHEREAS, Colonial Pipeline Company, a Delaware Corpora-
tion, is engaged in constructing a sixteen (16) inch diameter petro-
leum products pipeline within the State of Georgia, and a portion of
such pipeline is through and across certain lands of the Picketts Mill
Historic Site near the community of New Hope, Paulding County,
Georgia; and
WHEREAS, the States predecessor in title, Georgia Kraft Com-
pany, did grant and convey to Colonial Pipeline Company a perma-
nent 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
1522
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 States
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 Picketts 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
10-inch 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 oper-
ating 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
GEORGIA LAWS 1981 SESSION
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
1524
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 ease-
ment to the contrary, this amendment grants permission for the
installation of the three (3) presently existing pipelines, being a 10-
inch, 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 destruc-
tion of any property whatsoever, caused, suffered or incurred as a
result of or in connection with Grantees 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 Resolu-
tion, 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.
GEORGIA LAWS 1981 SESSION
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-l
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 collec-
tions 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 Natu-
ral Resources was authorized and directed to terminate the opera-
tions 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
1526
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Assem-
bly (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 obliga-
tions at the location specified; and
GEORGIA LAWS 1981 SESSION
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 States right, title and
interests in and to the hereinabove described real property, together
with all improvements and facilities thereon.
Approved April 14,1981.
1528
GENERAL ACTS AND RESOLUTIONS, VOL. I
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, Educa-
tion, 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 consider-
ation of $1 to be paid to the Department of Human Resources.
Approved April 14,1981.
GEORGIA LAWS 1981 SESSION
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 approx-
imately 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 Author-
ity 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
1530
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 approximat-
ely 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
GEORGIA LAWS 1981 SESSION
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 ease-
ment 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 main-
tenance 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.
1532
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 sen-
tencing 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.
GEORGIA LAWS 1981 SESSION
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 enact-
ing 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
tbe 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 in-
state 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 allow-
ances authorized for legislative members of interim legislative com-
mittees but shall receive the same for not more than 15 days. The
50
1534
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 legisla-
tion, 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 veterans
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 involv-
ing thousands of Georgia youth; and
GEORGIA LAWS 1981 SESSION
1535
WHEREAS, the Georgia Department of the Veterans of Foreign
Wars of the United States conveyed the Camp Safety Patrol prop-
erty, 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 contri-
bution 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.
1536
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 compara-
ble 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 establish-
ment, 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.
GEORGIA LAWS 1981 SESSION
1537
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the Board of Regents of the Univer-
sity 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 Univer-
sity 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 recommenda-
tions 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 appro-
priate 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.
1538
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 pro-
posing 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 indebted-
ness, 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.
GEORGIA LAWS 1981 SESSION
1539
BE IT FURTHER RESOLVED that the intention of said amend-
ment was to make uniform the homestead exemption now or hereaf-
ter 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 Commit-
tees have completed the task of revising Articles I through X of the
1976 Constitution and have submitted their reports and recommen-
dations 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 Legisla-
tive Overview Committee on Constitutional Revision to be composed
of 30 members of the House of Representatives to be appointed by the
1540
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 indi-
gent 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 hospitals annual operating deficit;
and
WHEREAS, the increasing annual operating deficit of the hospi-
tal is shared between Fulton and DeKalb counties on an inpatient
GEORGIA LAWS 1981 SESSION
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 sup-
port has caused these counties to pursue alternative means of financ-
ing 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 Hospitals 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 mem-
bers as follows: three 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 organiza-
tional 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.
1542
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 hospitals prob-
lems and needs; (2) the contractual relationships between the hospi-
tal 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 hospitals 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 meet-
ings of the committee, as authorized by their respective local govern-
ing 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 commit-
tee 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.
GEORGIA LAWS 1981 SESSION
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 hereina-
bove in the title and hereinafter in the WHEREAS clauses of this
Resolution being referred to as the Property), for a consideration of
$l;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 (Insti-
tute) 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 State-owned
property is vested in the General Assembly of Georgia; and
1544
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 deter-
mined 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 approximat-
ely 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 Proper-
ties 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 ease-
ments 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
GEORGIA LAWS 1981 SESSION
1545
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 Regis-
tered Land Surveyor No. 1105, labeled Boundary Survey for Georgia
1546
GENERAL ACTS AND RESOLUTIONS, VOL. I
Department of Natural Resources, Division of Parks and Recrea-
tion, 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 desir-
ous 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 Trans-
portation 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/lOO 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
ofU. 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 Com-
mission 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.
GEORGIA LAWS 1981 SESSION
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, Georgias 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 ser-
vices 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
1548
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Georgias 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 Georgias 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 commit-
tee 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 appropri-
ated or otherwise available to the legislative branch of government.
The committee shall make a report of its findings and recommenda-
tions 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.
GEORGIA LAWS 1981 SESSION
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
1550
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Depart-
ment 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:
GEORGIA LAWS 1981 SESSION
1551
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.
1552
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 sub-
paragraph 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 26-1812 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.
GEORGIA LAWS 1981 SESSION
1553
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.
1554
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 equaliza-
tion; to provide for other matters relative to the foregoing; to provide
an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 91 A, 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;
Commissioners 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.
GEORGIA LAWS 1981 SESSION
1555
(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 instruc-
tion, 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 apprais-
ers 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 oper-
ated by the Department in accordance with this subsection as part
of their duties specified in Code Section 9lA-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 apprais-
ers in appraising tangible personal property.
1556
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 91 A-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, how-
ever, 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 equal-
ization, 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.
GEORGIA LAWS 1981 SESSION
1557
(2) Notwithstanding the provisions of any part of this sub-
section 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 con-
ducting 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 author-
ity 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 sub-
section to the contrary, in any county of this State having a
population of not less than 400,000 nor more than 550,000, accord-
ing 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 equal-
ization 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
1558
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 quali-
fied 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
GEORGIA LAWS 1981 SESSION
1559
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 deter-
mine appeals from assessments and denials of homestead exemp-
tions 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 equal-
ization 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
1560
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 denied 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.
GEORGIA LAWS 1981 SESSION
1561
(5) (A) The county board of equalization shall determine
all questions presented to it on the basis of the best informa-
tion available to the board.
(B) The Commissioner, by regulation, may adopt uni-
form 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.
1562
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 perfor-
mance 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 govern-
ing 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
GEORGIA LAWS 1981 SESSION
1563
the county board of tax assessors or the county board of equaliza-
tion. 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.
1564
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 equaliza-
tion 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 ques-
tion 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 equal-
ization 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 certifica-
tion by the member of the days expended in consideration of
appeals.
Section 6. This Act shall become effective January 1,1982.
GEORGIA LAWS 1981 SESSION
1565
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.
51
1566
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 permis-
sion 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 subsec-
tion (ff) of Code Section 41A-102 in its entirety and inserting in lieu
thereof a new subsection (ff) to read as follows:
GEORGIA LAWS 1981 SESSION
1567
(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 secu-
rity 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 provi-
sions 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
1568
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 associ-
ation. In considering any plan for the conversion, merger, or consoli-
dation 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 over-
crowded 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
GEORGIA LAWS 1981 SESSION
1569
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. How-
ever, 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 pur-
poses 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 commit-
tee 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 gov-
ernment. 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.
1570
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 perma-
nent 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 qualifica-
tions 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 depart-
ment; 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
GEORGIA LAWS 1981 SESSION
1571
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 collec-
tors 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 pre-
cious 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 dealers
place of business is located within a municipality, the dealer shall
register with the chief of police of the municipality. If the dealers
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
1572
GENERAL ACTS AND RESOLUTIONS, VOL. I
names, addresses, and ages of all other persons having an owner-
ship 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 prem-
ises 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 busi-
ness 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:
GEORGIA LAWS 1981 SESSION
1573
(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 sellers drivers
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 enforce-
ment officer during the ordinary hours of business or at any reason-
able time.
(c) Dealers exclusively engaged in buying or exchanging for
merchandise scrap dented 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 sellers age and drivers license number as
required in paragraph (3) of subsection (a) of this section and in lieu
of the sellers 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
1574
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 reason-
able time; or
GEORGIA LAWS 1981 SESSION
1575
(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 remount-
ing, 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 register-
ing 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 munici-
pality 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.
1576
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 conflict-
ing 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,,
GEORGIA LAWS 1981 SESSION
1577
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 impris-
onment 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
1578
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 impris-
onment in the penitentiary for not less than three years nor more
than twenty years, no portion of which may be suspended, pro-
bated, deferred, or withheld; and any person who shall be con-
victed 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 penal-
GEORGIA LAWS 1981 SESSION
1579
ties; 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 26-35 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
1580
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 exhib-
ited 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.
GEORGIA LAWS 1981 SESSION
1581
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 require-
ments 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 require-
ments 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
1582
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 popula-
tion 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 govern-
ing 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 out-
standing. Surpluses from the overestimated projects, including inter-
est 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.
GEORGIA LAWS 1981 SESSION
1583
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 reproduc-
tion, word processing, computerization, or other acceptable reproduc-
1584
GENERAL ACTS AND RESOLUTIONS, VOL. I
tive 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 examin-
ers, clerks and stenographers and other employees as the administra-
tion of that portion of this law vested in him may require. The
Commissioner shall also have authority to appoint and employ invest-
igators 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.
GEORGIA LAWS 1981 SESSION
1585
(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 reproduc-
tion, word processing, computerization, or other acceptable reproduc-
tive 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 Compensa-
1586
GENERAL ACTS AND RESOLUTIONS, VOL. I
tion 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, mem-
bers 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 seven-thirtieths of the monthly pay and allow-
ances 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 stan-
dard 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.
GEORGIA LAWS 1981 SESSION
1587
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 Corpora-
tions; 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 mem-
bers; 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 cooper-
atives; to provide for miscellaneous provisions; to provide for legisla-
tive 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:
1588
GENERAL ACTS AND RESOLUTIONS, VOL. I
TITLE 34C
ELECTRIC MEMBERSHIP CORPORATIONS
CHAPTER 34C-1
GENERAL PROVISIONS
34C-101. 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, non-
profit 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 member-
ship 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.
GEORGIA LAWS 1981 SESSION
1589
(7) Member means a person who has met the requirements
and conditions of membership in an electric membership corpora-
tion 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, cor-
poration, 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
1590
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 docu-
ment 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 corpora-
tion, 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.
GEORGIA LAWS 1981 SESSION
1591
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 con-
formed copy thereof, shall be delivered to the office of the Secre-
tary of State.
(2) All fees required for filing the document shall be ten-
dered 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 endorse-
ment 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 member-
ship 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
1592
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 correc-
tion; 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 publishers fee for republi-
cation shall be the same as the fee for the original publication.
34C-106. Certificates and certified copies to be received in evi-
dence; 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 coop-
eratives shall be taken and received in all courts, public offices, and
official bodies as prima-facie evidence of the existence or nonexis-
tence 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
GEORGIA LAWS 1981 SESSION
1593
subject to this title, and the General Assembly shall have power to
amend, repeal, or modify this title at pleasure.
34C-108. 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 pro-
vided 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, how-
ever, each electric membership corporation existing, or continuing
to operate as an electric membership corporation after the expira-
tion 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 corpora-
tion whose articles of incorporation were expired on the effective
1594
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 incorpora-
tion.
(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 mem-
bership 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.
GEORGIA LAWS 1981 SESSION
1595
(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 accu-
mulate 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 instal-
lation of wiring, insulation, electrical machinery, supplies, appara-
tus, 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 neces-
sary and appropriate to effectuate the purposes of such electric
membership corporation by condemnation under the same proce-
dure 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
1596
GENERAL ACTS AND RESOLUTIONS, VOL. I
municipality for the purchase or sale of energy and in connection
with any such contract to stipulate and agree to such covenants,
terms, and conditions as the board of directors may deem appro-
priate including, but not limited to, covenants, terms, and condi-
tions with respect to resale rates, financial and accounting meth-
ods, 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 corpo-
ration, 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 individ-
uals, or direct or indirect obligations of the United States or of any
other government, state, territory, governmental district or muni-
cipality or of any instrumentality thereof.
(15) To form or acquire the control of other electric member-
ship corporations, foreign electric cooperatives, and other corpo-
rations, domestic or foreign.
(16) To participate with any other person or persons in any
corporation, partnership, transaction, arrangement, operation,
GEORGIA LAWS 1981 SESSION
1597
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 govern-
ment 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 corpo-
ration.
(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.
52
1598
GENERAL ACTS AND RESOLUTIONS, VOL. I
(26) To have and exercise all powers necessary or convenient
to effect any or all of the purposes for which the electric member-
ship 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 member-
ship 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 member-
ship 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 unau-
thorized 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 con-
tract 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
GEORGIA LAWS 1981 SESSION
1599
membership corporation for loss or damage due to his unautho-
rized 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 incorpora-
tion 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 the 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
34C-301. 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 corpora-
tion or an abbreviation of such words.
1600
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Shall not contain any word or phrase which indicates or
implies:
(A) That the electric membership corporation is orga-
nized 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.
GEORGIA LAWS 1981 SESSION
1601
(2) Require any electric membership corporation existing
on the effective date of this title to add to, modify, 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 busi-
ness 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 member-
ship 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 member-
ship 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.
1602
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 coop-
erative 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 main-
tain in this state:
GEORGIA LAWS 1981 SESSION
1603
(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, alpha-
betically arranged by corporate name, of the address of each electric
membership corporations registered office and of the name and
address of each electric membership corporations 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 succes-
sor 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.
1604
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 agents intention to resign was mailed or delivered to the
president, secretary, or treasurer of the electric membership corpora-
tion 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 member-
ship 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 corpora-
tions. (a) The registered agent so appointed by an electric member-
ship 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 corpora-
tion 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
GEORGIA LAWS 1981 SESSION
1605
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 desig-
nated 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
1606
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 last-
named 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 law-
fully 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, proce-
dures for, and limitations upon the transfer, classification, and termi-
nation 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 persons rights as a member of an
electric membership corporation.
GEORGIA LAWS 1981 SESSION
1607
(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 unincorpo-
rated 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 member-
ship 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 para-
graphs (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 instru-
ment or order appointing them or creating the tenancy otherwise
1608
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 objec-
tions 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 member-
ship, 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 accord-
ance 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.
GEORGIA LAWS 1981 SESSION
1609
(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. Notwithstand-
ing 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 member-
ship 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.
1610
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 meet-
ing 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:
GEORGIA LAWS 1981 SESSION
1611
(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 cooper-
ative, 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 appoint-
ment of a credentials and elections committee composed of members
who are not officers or directors of the electric membership corpora-
tion 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 members
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 corpora-
tion, 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
GEORGIA LAWS 1981 SESSION
1613
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 cooper-
ative, 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 concur-
rence 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 elec-
tric 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
GEORGIA LAWS 1981 SESSION
1615
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 members 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 reason-
ably 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 inspec-
tion 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 corporations 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 sum-
marily, by affidavit or otherwise; and, if the applicant establishes that
1616
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 attorneys 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.
GEORGIA LAWS 1981 SESSION
1617
(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 corpora-
tion or members or third parties, or any combination thereof, when-
ever the electric membership corporation has a claim or cause of
action which the representatives of the electric membership corpora-
tion, 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
settlement, the court shall direct that notice, by publication or
otherwise, of the action and the proposed discontinuance, compro-
mise, 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 or 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 attor-
neys, and shall direct him or them to account to the electric member-
ship 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 defend-
ants 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
GEORGIA LAWS 1981 SESSION
1619
the bylaws, shall be fixed by the board of directors. Directors also
shall be entitled to reimbursement of expenses actually and necessar-
ily 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 incum-
bent 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.
1620
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 corpora-
tion 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 incorpora-
tion 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 classifica-
tion of directors shall be effective prior to the first annual meeting of
members.
GEORGIA LAWS 1981 SESSION
1621
(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 classi-
fied 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 direc-
tors. The articles of incorporation or bylaws shall prescribe the
boundaries of the districts, or the manner of establishing such bound-
aries 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 34C-604, 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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.
34C-606. 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 member-
ship corporation.
(b) Whenever the members from a particular district are enti-
tled to elect one or more directors pursuant to subsection 34C-604(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 incorpo-
ration 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
GEORGIA LAWS 1981 SESSION
1623
such bylaw provisions, then of the number stated in the articles of
incorporation, shall constitute a quorum for the transaction of busi-
ness. 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 desig-
nated by such board, may participate in a meeting of such board or
committee by means of conference telephone or similar communica-
tions 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 member-
ship corporation.
(4) A voluntary dissolution of the electric membership cor-
poration or a revocation thereof.
(b) The board, by resolution adopted in accordance with subsec-
tion (a) of this Code section, may designate one or more directors as
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GENERAL ACTS AND RESOLUTIONS, VOL. I
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, writ-
ten 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.
GEORGIA LAWS 1981 SESSION
1625
(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 other-
wise 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
1626
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 corpora-
tion, 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 autho-
rized 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,
GEORGIA LAWS 1981 SESSION
1627
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 accoun-
tants fairly to reflect the financial condition of such electric member-
ship 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 mem-
bership corporation to procure for the benefit of the electric member-
ship 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.
1628
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 trans-
action, 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 deriva-
tive 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 member-
ship corporation who is present at a meeting of the electric member-
ship corporations 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
GEORGIA LAWS 1981 SESSION
1629
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 sire 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 invest-
igative (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 member-
ship 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
53
1630
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
attorneys fees) actually and reasonably incurred by him in connec-
tion 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
GEORGIA LAWS 1981 SESSION
1631
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 corpora-
tion 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 administra-
tors 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 member-
ship corporation as a director, officer, employee, or agent of another
corporation, partnership, joint venture, trust, or other enterprise,
1632
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 indem-
nification other than pursuant to court order or action by the mem-
bers or by an insurance carrier pursuant to insurance maintained by
the electric membership corporation, the electric membership corpo-
ration 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 consoli-
dating electric membership corporation of a merging or consolidating
electric membership corporation, absorbed in a merger or consoli-
dation so that any person who is or was a director, officer, employee,
or agent of such merging or consolidating electric membership corpo-
ration, or is or was serving at the request of such merging or consoli-
dating 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 mem-
bership 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 member-
ship 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.
GEORGIA LAWS 1981 SESSION
1633
CHAPTER 34C-7
ORGANIZATION OF ELECTRIC MEMBERSHIP
CORPORATIONS
34C-701. Incorporators. One or more persons may act as incor-
porator 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 incorpo-
ration 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 member-
ship 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 regulat-
ing 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.
1634
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 avail-
able in accordance with Code Section 34C-301 regarding the corpo-
rate 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 corpora-
tion shall have come into existence within such time.
(b) The incorporator or incorporators or his or their representa-
tive shall deliver the original articles of incorporation and two con-
formed 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 speci-
fied 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
GEORGIA LAWS 1981 SESSION
1635
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 incor-
porator 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 pro-
vided for in subsection (c) of Code Section 34C-401.
(d) Upon delivery of the articles of incorporation to the Secre-
tary 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
1636
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 incorpora-
tion 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 con-
formed 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.
GEORGIA LAWS 1981 SESSION
1637
(3) Forward a conformed copy of the articles of incorpora-
tion 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 incorpora-
tion do not appear to be in proper form for filing or are not accompa-
nied 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 busi-
ness 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 member-
ship 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 mem-
bers. 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 corpora-
tion 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
GEORGIA LAWS 1981 SESSION
1639
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 emer-
gency 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 emer-
gency 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 other-
wise 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 miscon-
duct. 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 corpora-
tion 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 compli-
ance 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
GEORGIA LAWS 1981 SESSION
1641
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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 dis-
charge 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 administra-
tion 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
GEORGIA LAWS 1981 SESSION
1643
(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 mem-
bers 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 incorporat-
ors or directors before the electric membership corporation has any
members, the articles of amendment shall be executed by the incorpo-
rator 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 incor-
porator or incorporators or directors before the electric member-
ship 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 mem-
bership 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.
GEORGIA LAWS 1981 SESSION
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 newspa-
per of general circulation published within said county whose
most recently published annual statement of ownership and circu-
lation 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 certifi-
cate to one conformed copy of the articles of amendment.
(2) Return said certificate of amendment with the con-
formed 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 desig-
nated newspaper within four business days after the articles of
amendment have been delivered to the Secretary of State for
filing.
GEORGIA LAWS 1981 SESSION
1647
(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 rejec-
tion 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 amend-
ment 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 incorpora-
tion 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 restate-
ment, 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.
GEORGIA LAWS 1981 SESSION
1649
(5) If the restatement was authorized by the directors with-
out 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 state-
ments 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 34C-105.
(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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 accompa-
nied 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 representa-
tive. 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 incorpora-
tion 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 incorpora-
tion have been delivered to the Secretary of State for filing.
GEORGIA LAWS 1981 SESSION
1651
(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 newspa-
per within four business days after the restated articles of incorpo-
ration 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 corpora-
tion 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 mem-
bership corporations pursuant to a plan of merger approved in the
manner provided in this chapter.
(b) The board of directors of each electric membership corpora-
tion 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 securi-
ties 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 incorpora-
tion 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 corpora-
tion, by a resolution adopted by each such board, shall approve a plan
of consolidation setting forth:
GEORGIA LAWS 1981 SESSION
1653
(1) The names of the electric membership corporations
proposing to consolidate and the name of the new electric mem-
bership corporation into which they propose to consolidate which
hereinafter is designated as the new electric membership corpora-
tion.
(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 securi-
ties 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 corpora-
tion, 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 state-
ments, of each of the merging or consolidating electric member-
ship corporations.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 practica-
ble, 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, includ-
ing the proposed name of the surviving or new electric member-
ship 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 corpora-
tion and as to each merging electric membership corporation the
members of which voted on such plan, a statement of the member
GEORGIA LAWS 1981 SESSION
1655
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 consoli-
dation if the effective time and date of said merger or consoli-
dation is to be after the delivery of the articles of merger or articles
of consolidation to the Secretary of State, as provided in subsec-
tion (a) of Code Section 34C-1005.
(b) If the proposed name of the surviving or new electric mem-
bership corporation is not that of any of the merging or consolidating
electric membership corporations, any one of those electric member-
ship 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 corpo-
rate 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 corpora-
tions 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 consoli-
dation, the merging or consolidating electric membership corpora-
tions 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
1656
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 incorpo-
ration of each of the constituent electric membership corpora-
tions) 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 Corpora-
tion Act. The name of the (surviving electric membership
corporation in the merger (is) (will be)______________) (new
electric membership corporation resulting from the consoli-
dation (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)
GEORGIA LAWS 1981 SESSION
1657
(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 consoli-
dation 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 consoli-
dation 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 consoli-
dation 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
1658
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 pro-
vided 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 there-
with.
(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
GEORGIA LAWS 1981 SESSION
1659
approved or the validity of the certificate of merger or certificate of
consolidation issued by the Secretary of State.
34C-1005. 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 corpo-
rations 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 member-
ship 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
1660
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 consoli-
dation 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 corpora-
tion.
34C-1006. Merger or consolidation of electric membership corpo-
rations and foreign electric cooperatives, (a) One or more foreign
electric cooperatives and one or more electric membership corpora-
tions may be merged or consolidated into an electric membership
corporation or a foreign electric cooperative, if such merger or consoli-
dation 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 advertis-
ing 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,
GEORGIA LAWS 1981 SESSION
1661
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 subsec-
tion (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.
54
1662
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 incorpora-
tion 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 mort-
gages, 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 member-
ship 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 consideration, 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:
GEORGIA LAWS 1981 SESSION
1663
(1) The board of directors shall adopt a resolution recom-
mending such sale, lease, exchange, or other disposition, speci-
fying 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 sub-
mission 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 corpora-
tion 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 state-
ment 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 publi-
cation requirement shall not affect the validity of the meeting of
members at which the disposition is approved or the validity of
the disposition.
1664
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 corpo-
ration 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 recom-
mending 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 disso-
lution is proposed and of the time and place of the proposed
meeting of members for the purpose of voting on dissolution shall
GEORGIA LAWS 1981 SESSION
1665
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 corpora-
tion 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 circu-
lation 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 state-
ment 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 direc-
tors.
(D) A copy of the resolution adopted by the members
authorizing the dissolution of the electric membership corpo-
ration.
1666
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 state-
ment of intent to dissolve shall be delivered to the Secretary of State
for filing as provided in Code Section 34C-105. The electric member-
ship 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 pub-
lished 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
GEORGIA LAWS 1981 SESSION
1667
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 corpora-
tion 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 recom-
mending 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 revok-
ing the voluntary dissolution proceedings, shall be given to each
member within the time and in the manner provided in Code
Section 34C-507 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.
1668
GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) The names and respective addresses of its officers.
(C) The names and respective addresses of its direc-
tors.
(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 resolu-
tion 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 proceed-
ings 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 dissolu-
tion proceedings. The statement of revocation of voluntary dissolu-
tion 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 dissolu-
tion 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 pro-
ceedings 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
GEORGIA LAWS 1981 SESSION
1669
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 corpora-
tion 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 mem-
bers 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 dissolu-
tion 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 mem-
bership corporation shall cause to be delivered to the Secretary of
State:
(1) The electric membership corporations 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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.
GEORGIA LAWS 1981 SESSION
1671
(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 rejec-
tion 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 regis-
tered 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.
1672
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 arti-
cles 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 offi-
cers, to violate this title in a manner likely to injure the public or
the electric membership corporations 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 pro-
ceeding, 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 adjudi-
cated a bankrupt; or
(4) The electric membership corporation has made a gen-
eral 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 corpora-
tion 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.
34C-1212. 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 member-
ship corporation:
GEORGIA LAWS 1981 SESSION
1673
(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 manage-
ment 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 direc-
tors 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 corpora-
tion 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.
1674
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) When an action has been filed by the Attorney General
to dissolve an electric membership corporation and it is estab-
lished 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 corpo-
ration 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 pri-
vate 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.
GEORGIA LAWS 1981 SESSION
1675
(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 proceed-
ings to liquidate the assets and business of an electric membership
corporation, the court may require all creditors of the electric mem-
bership 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 member-
ship corporation.
34C-1216. Discontinuance of liquidation proceedings. The liqui-
dation of the assets and business of an electric membership corpora-
tion may be discontinued at any time during the liquidation proceed-
ings 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
34C-1217. Decree of involuntary dissolution. In proceedings to
liquidate the assets and business of an electric membership corpora-
tion, 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 corpora-
tion 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 dissolv-
ing 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 corporations 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 corporations 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.
GEORGIA LAWS 1981 SESSION
1677
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 Adminis-
trative 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 Admin-
istrative 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 pro-
vided 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
1678
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 corpora-
tion 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 mem-
bership 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 princi-
pal 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 for-
eign electric cooperative to receive such forms shall not relieve that
GEORGIA LAWS 1981 SESSION
1679
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, trea-
surer, or an assistant treasurer or, if the electric membership corpora-
tion 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 corpora-
tion 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 applica-
tion 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 neces-
sary 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 require-
ments 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.
1680
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
GEORGIA LAWS 1981 SESSION
1681
(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 incorpo-
ration 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, instru-
ment, or paper relating to an electric membership corporation or
foreign electric cooperative, 30<t per page and $1.00 for the certifi-
cate 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
34C-1404. Fees for advertising. The fee to be allowed to publish-
ers 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 appropri-
ate, all interrogatories and answers thereto which disclose a violation
of any of the provisions of this title.
34C-1502. Information disclosed by interrogatories. Inter-
rogatories 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
GEORGIA LAWS 1981 SESSION
1683
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 docu-
ment 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.
1684
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 corpora-
tions 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 pro-
pounded by the Secretary of State in accordance with Code Section
34C-1501, the Secretary of State shall certify such fact to the Attor-
ney 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 member-
ship 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
GEORGIA LAWS 1981 SESSION
1685
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 inter-
rogatories propounded to him 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 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 compell-
ing 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 corpora-
tion 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.
1686
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 organiza-
tion 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 settle-
ment 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.
GEORGIA LAWS 1981 SESSION
1687
(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 member-
ship corporation or other corporation incorporated in or trans-
acting 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 stan-
dard 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, com-
pany, 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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, autho-
rized 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 subpara-
graphs (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
GEORGIA LAWS 1981 SESSION
1689
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. When-
ever 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 accord-
ance 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 ele-
ment 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 princi-
pal 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 incorpo-
ration within 90 days of the date the application is filed hereunder.
GEORGIA LAWS 1981 SESSION
1691
(b) Upon filing said application, the Secretary of State shall
issue and deliver to the foreign electric cooperative or its representa-
tive 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 author-
ity 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 elec-
tric 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, alpha-
betically arranged by corporate name, of the address of each foreign
electric cooperatives registered office and of the name and address of
each foreign electric cooperatives 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 succes-
sor 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 agents intention to resign was mailed or delivered to the presi-
dent, secretary, or treasurer of the foreign electric cooperative for
which such agent is acting. Upon such resignation becoming effec-
tive, 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
GEORGIA LAWS 1981 SESSION
1693
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 corporations 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 cooper-
ative 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.
55
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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 cooper-
ative authorized to transact business in this state shall be a party to a
statutory merger permitted by the laws of its jurisdiction of incorpo-
ration 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 author-
ity 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 pur-
poses 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.
GEORGIA LAWS 1981 SESSION
1695
(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 state-
ment 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 jurisdic-
tion 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 Secre-
tary 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.
1696
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) That the foreign electric cooperative revokes the author-
ity of its registered agent in this state to accept service of process
and consents that service of process in any action, suit, or proceed-
ing 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 cooper-
ative, the foreign electric cooperative or its successor, receiver, or
GEORGIA LAWS 1981 SESSION
1697
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
1698
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 revo-
cation 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 applica-
tion 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 reinstate-
GEORGIA LAWS 1981 SESSION
1699
ment. 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 when-
ever 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 appli-
cation for reinstatement with a duly executed copy of such amend-
ment, 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
cooperatives authorization to transact business in this state, pursu-
ant to its original application to transact business, shall be deemed to
have continued from the date of the certificate of revocation.
(c) The application for reinstatement shall be in substantially
the following form:
Application for Reinstatement of
Certificate of Authority
To: The Secretary of State
Atlanta, Georgia
1700
GENERAL ACTS AND RESOLUTIONS, VOL. I
Pursuant to the provisions of Code Section 34C-1718, the under-
signed foreign electric cooperative hereby applies for a certificate of
reinstatement of a foreign electric cooperative and, for that purpose,
submits the following:
First: The name of the foreign electric cooperative at the date of
the certificate of revocation was____.
Second: The new name by which the foreign electric cooperative
will hereafter be known is____.
Third: The certificate of authority to transact business in the
State of Georgia was revoked on____________for failure to follow the
requirements stated in Code Section 34C-1717.
Fourth: The address, including street and number of its regis-
tered office in Georgia is____; and the name of its registered agent in
Georgia at that address is____.
Fifth: The application is accompanied by all delinquent reports
together with the filing fees and penalties required by Code Title 34C,
the Georgia Electric Membership Corporation Act.
Date ______________, 19___.
(President or vice president)
(Secretary or assistant secretary).
34C-1719. Issuance of certificate of revocation, (a) Upon revok-
ing 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.
GEORGIA LAWS 1981 SESSION
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.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
34C-1802. 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 dissenters 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 corporations
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, com-
pleted, 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,
GEORGIA LAWS 1981 SESSION
1703
incurred, or pending; but the same may be asserted, enforced, prose-
cuted, 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 unconsti-
tutional, 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 uncon-
stitutional 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 Corpora-
tion 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 condi-
tioned 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
1704
GENERAL ACTS AND RESOLUTIONS, VOL. I
injunctive relief; to provide for local licensing and inspection authori-
ties; 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 licen-
sure; 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 condi-
tioned 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.
GEORGIA LAWS 1981 SESSION
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, main-
taining, 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 installa-
tion, 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.
1706
GENERAL ACTS AND RESOLUTIONS, VOL. I
(11) Conditioned air equipment shall mean heating and air-
conditioning 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 condi-
tioned air contracting. The said divisions shall:
(1) Examine all applicants for licenses to practice the pro-
fession. 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, pre-
pare examinations within the state at least twice each year
and grade such applicants taking the examinations.
(B) The Division of Electrical Contractors shall pre-
pare 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 unre-
stricted.
GEORGIA LAWS 1981 SESSION
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 bienni-
ally, 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 bienni-
ally.
(5) Investigate, with the aid of the executive director,
alleged violations of this Act or other laws and rules and regula-
tions 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
1708
GENERAL ACTS AND RESOLUTIONS, VOL. I
certificate of competency to any person or licensee upon any one
of the following grounds:
(A) The commission of any false, fraudulent, or deceit-
ful 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 require-
ments 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, ineffi-
cient, 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, inade-
quate, 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 mini-
mum standard codes as prepared by the State Building Adminis-
trative Board or any agency assuming its powers and duties. The
GEORGIA LAWS 1981 SESSION
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 compe-
tency pertaining to financial responsibility and financial disclo-
sure; 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 quali-
fications 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 certifi-
cates are issued by the division pursuant to the provisions of para-
graph (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.
1710
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) Notwithstanding any other provisions of this Act, any elec-
trical contractor, master plumber, journeyman plumber, or condi-
tioned air contractor holding a valid license immediately prior to the
effective date of this Act issued by the Construction Industry Licens-
ing 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 desir-
ing to qualify as an electrical contractor, master plumber, journey-
man plumber, or conditioned air contractor shall make applica-
tion 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, partner-
ship, 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 Contrac-
tors 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 applica-
tion 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 satis-
factory evidence of the issuance of such license as hereinabove
provided.
(2) (A) Any individual, partnership, or corporation desir-
ing 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 appro-
GEORGIA LAWS 1981 SESSION
1711
priate 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 applica-
tion. 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 qualify-
ing 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 examina-
tion 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.
1712
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 immedi-
ately 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 incorpo-
rated, 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 corpora-
tion, 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
GEORGIA LAWS 1981 SESSION
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 violat-
ing 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:
1714
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 Elec-
trical 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 fur-
nished 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 resi-
dential property, where owned or leased by him and where he resides.
(d) The provisions of this Act shall not apply to regular, full-
time 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 condi-
tioned air contracting. Such employees are only exempt when work-
ing 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
GEORGIA LAWS 1981 SESSION
1715
ranch service building. Nothing in this subsection shall be construed
to limit the application of any resolution, ordinance, code, or inspec-
tion requirements of a county or municipality relating to such connec-
tions.
(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 require-
ments 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 instal-
ling, altering, or repairing plumbing, plumbing fixtures, air-condi-
tioning 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.
1716
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 9. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 17,1981.
MUNICIPAL ELECTION CODE AMENDED
REGISTRARS 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,
GEORGIA LAWS 1981 SESSION
1717
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.
1718
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 paupers
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 major-
ity 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 immedi-
ately to the Secretary of State a copy of any publication in which a
call for a special primary, election, or runoff is issued;.
GEORGIA LAWS 1981 SESSION
1719
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 drivers 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 electors 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
1720
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 electors
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 paupers 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 Wednes-
day 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 paupers affidavit may be filed in lieu of paying the
qualifying fee otherwise required by this Code section. A candidate
filing a paupers 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 paupers affidavit must show on its face that the candidate
GEORGIA LAWS 1981 SESSION
1721
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 superinten-
dent, 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 reason-
able 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 superin-
tendent, 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:
1722
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 registrars office to the board of registrars of the county of the
electors residence for an official ballot of the electors 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 elec-
tors 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
GEORGIA LAWS 1981 SESSION
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 registrars 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 registrars office, and the elector shall then
and there vote the absentee ballot as hereinabove provided and
1724
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 assis-
tance 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 registrars 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
GEORGIA LAWS 1981 SESSION
1725
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:
34-1409. Cancellation of ballots of electors present during prima-
ries 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 electors 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 electors
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.
56
1726
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 indepen-
dent 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 imme-
diately 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.
GEORGIA LAWS 1981 SESSION
1727
(b) In the event no candidate for the office of Governor, Lieuten-
ant 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 continu-
ation 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 Constitu-
tional 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 Elec-
tion 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 uncon-
1728
GENERAL ACTS AND RESOLUTIONS, VOL. I
stitutional 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
paupers 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 subsec-
GEORGIA LAWS 1981 SESSION
1729
tion (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 immedi-
ately 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 drivers 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:
1730
GENERAL ACTS AND RESOLUTIONS, VOL. I
Such forms may also be used to notify the board of registrars of a
change in an electors 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 persons registration
card, it shall be his duty to notify the board of registrars of such fact,
and the board shall place such persons 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 electors 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 34A-904 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
GEORGIA LAWS 1981 SESSION
1731
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 paupers affidavit may be filed in
lieu of paying the qualifying fee otherwise required by this Code
section. A candidate filing a paupers 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 accept-
able under this Code section, a paupers 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 superinten-
dent, 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 reason-
able 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
1732
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 superin-
tendent, 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 request-
ing the absentee ballot, name and relationship of person requesting
the ballot other than the elector.,
GEORGIA LAWS 1981 SESSION
1733
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 clerks office to the absentee
ballot clerk for an official ballot of the electors district to be voted at
such primary or election. In the case of an elector residing tempo-
rarily out of the municipality and the county in which the absentee
elector permanently resides, the application for the electors 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 request-
ing 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
1734
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 registrars 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 registrars 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
GEORGIA LAWS 1981 SESSION
1735
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 assis-
tance in preparing his ballot from one of the following: Any elector
selected by such elector who is qualified to vote in the same munici-
pality 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 been printed, the absentee ballot shall
be delivered to the elector at the time of the application therefor
within the confines of the registrars 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 resi-
dence 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.,
1736
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 34A-1311, 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 34A-1311, 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
GEORGIA LAWS 1981 SESSION
1737
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 nota-
tions 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 electors 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 electors 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
1738
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 with-
draws, 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 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 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 uncon-
stitutional 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 LAWS 1981 SESSION
1739
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 juris-
diction 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, ward-
ens, 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
1740
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 refer-
ence any or all provisions of this title without publishing or posting in
full the provisions thereof.
GEORGIA LAWS 1981 SESSION
1741
(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
1742
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Survivors Insurance
programs, hospitalization benefits, and workers compensation bene-
fits for its employees, their dependents and survivors, and for mem-
bers 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
Survivors Insurance programs, retirement, hospitalization, and
workers compensation benefits to members of the municipal govern-
ing authority are hereby validated. With the exception of the
provision of insurance, Federal Old Age and Survivors 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
GEORGIA LAWS 1981 SESSION
1743
(2) Such action shall not be taken during the period of time
beginning with the date that candidates for election to member-
ship on the municipal governing authority may first qualify as
such candidates and ending with the date members of the munici-
pal 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 municipal-
ity 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, notwithstand-
ing any terminology or designation of a municipal governing author-
ity or governing body contained in any municipal charter, any elective
municipal official who exercises any executive or legislative or execu-
tive 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 munici-
pal 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.
1744
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 corpo-
ration; to provide for the qualifications of directors of such authori-
ties; 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.
GEORGIA LAWS 1981 SESSION
1745
(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.
1746
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 resolu-
tion of the governing body activating the Authority for such munici-
pal 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 corpora-
tion 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, installa-
tion, 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 acqui-
sition, installation, modification, renovation, rehabilitation, or fur-
nishing of fixtures, machinery, equipment, furniture or other prop-
erty 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 Develop-
ment Authority of such municipal corporation, which shall consist of
GEORGIA LAWS 1981 SESSION
1747
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 mem-
bers 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 Author-
ity 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 corpo-
ration 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 bodys 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 pro-
posed issue of revenue bonds, notes or other obligations of the
Authority, in the manner provided in this Act.
1748
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 corpora-
tion. 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 instru-
ments 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
GEORGIA LAWS 1981 SESSION
1749
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 desir-
able, 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 pur-
pose;
(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 Authoritys 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
1750
GENERAL ACTS AND RESOLUTIONS, VOL. I
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, munici-
pality 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, per-
sonal property and revenues or other funds) and to execute any lease,
trust indenture, trust agreement, agreement for the sale of the
Authoritys revenue bonds, notes or other obligations, loan agree-
ment, 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 agree-
ment or instrument (the State of Georgia on behalf of itself and each
GEORGIA LAWS 1981 SESSION
1751
county, municipal corporation, political subdivision or taxing district
therein hereby waives any right it or such county, municipal corpora-
tion, 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, archi-
tects, 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 revitaliza-
tion 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 cor-
poration 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
1752
GENERAL ACTS AND RESOLUTIONS, VOL. I
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, per-
sonal property, revenues or other funds) pledged, mortgaged, con-
veyed, 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 Author-
ity 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 obliga-
tions 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, cove-
GEORGIA LAWS 1981 SESSION
1753
nants, 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 condi-
tions 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 obliga-
tions 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 proce-
dures. (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 deter-
mined 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, mort-
gage, deed to secure debt, trust deed, security agreement or other
1754
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 pro-
vided 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 condi-
tions 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 obliga-
tions 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 regis-
tered, 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 signa-
ture of the clerk of the superior court of the judicial circuit in
which the issuing Authority is located may be made on the
GEORGIA LAWS 1981 SESSION
1755
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 con-
strued 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 vali-
date 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
1756
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 indebted-
ness incurred by an Authority shall constitute an indebtedness or
obligation of the State of Georgia or any county, municipal corpora-
tion 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
GEORGIA LAWS 1981 SESSION
1757
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 subdivi-
sions 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, install-
ments 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 exemp-
tion 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.
57
1758
GENERAL ACTS AND RESOLUTIONS, VOL. I
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. Viola-
tion of such ordinances shall be punished as provided in the munici-
pal 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.
GEORGIA LAWS 1981 SESSION
1759
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 regula-
tion 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 main-
tained 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 alterna-
tive is authorized to enable the members of these groups to lower
workers compensation costs by reducing administrative expenses
1760
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 compensa-
tion 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 unincor-
porated 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 classifica-
tions as approved by the Commissioner regarding workers com-
pensation and employers liability insurance.
(4) Professional association shall mean a corporation or
unincorporated association which is engaged in substantial activ-
ity 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 govern-
ing industry classifications as approved by the Commissioner
regarding workers compensation and employers liability insur-
ance.
(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.
GEORGIA LAWS 1981 SESSION
1761
(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.
1762
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 munici-
palities, 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 bene-
fits 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 profes-
sional 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 funds principal office, which shall be
maintained within this state;
(3) The location of the principal office of the trade associa-
tion or professional association or group of municipalities, coun-
ties, 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 funds proposed registered agent for service of process in
this state and his or her address;
GEORGIA LAWS 1981 SESSION
1763
(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 administra-
tive 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;
1764
GENERAL ACTS AND RESOLUTIONS, VOL. I
(18) A current audited or other acceptable financial state-
ment 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 accom-
panied 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 employ-
ees.
(g) All employers who are members of a class which forms a fund
pursuant to the provisions of this chapter shall be eligible for mem-
bership 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 chap-
ter.
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 Commis-
sioner finds that the fund is capable of complying with such require-
ments and meeting such liability, he shall issue a certificate authoriz-
ing the fund to provide workers compensation benefits on behalf of
its members.
GEORGIA LAWS 1981 SESSION
1765
(b) If the Commissioner refuses to issue a certificate of author-
ity, 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 applica-
tion 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 pay-
ment by the fund of an annual fee of $300.00.
114-605a. Workers compensation obligations. The participation
by a member in a fund created pursuant to the provisions of this
chapter shall enable it to comply with its duty as an employer to
assure payment of workers compensation in accordance with the
provisions of 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 pre-
scribed by the Commissioner. The board of the fund or the adminis-
trator 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 agree-
ment 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 members proportionate share; provided that notwithstanding
1766
GENERAL ACTS AND RESOLUTIONS, VOL. I
the provisions of this section such prospective members propor-
tionate 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
members 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 require-
ments 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 member-
ship or is involuntarily terminated from membership in a fund
GEORGIA LAWS 1981 SESSION
1767
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 members 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 accord-
ance 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, con-
tract 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;
1768
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 inconsis-
tent 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 funds 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 deter-
mining 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 nonassess-
able policies on a reserve basis;
GEORGIA LAWS 1981 SESSION
1769
(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 Commis-
sioner may deem appropriate, including the authority of municipali-
ties, 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 insur-
ance 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 Com-
missioner shalll 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 underwrit-
ten by insurers authorized to transact business in this state or by
1770
GENERAL ACTS AND RESOLUTIONS, VOL. I
approved surplus lines carriers with terms, liability limits, cancella-
tion provisions, and retention amounts acceptable to the Commis-
sioner shall be required as a condition to the issuance and mainte-
nance 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.
114-614a. Investment and reserve requirements, (a) Except as
otherwise specifically provided for herein, the investable assets of a
fund shall be invested only in securities or other investments permit-
ted 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 out-
standing 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 funds 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
GEORGIA LAWS 1981 SESSION
1771
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 accord-
ance with the claims procedures set forth in the workers compensa-
tion 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 Proce-
dure Act, (Ga. Laws 1964, p. 338), as now or hereafter amended.
1772
GENERAL ACTS AND RESOLUTIONS, VOL. I
114-617a. Administrative fine for certain acts of officers, employ-
ees, 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 mem-
bers or other persons entitled to the proceeds of the workers compen-
sation 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 subsec-
tion (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 miscon-
duct 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:
GEORGIA LAWS 1981 SESSION
1773
(1) The powers of the administrator;
(2) The general services to be performed by the administra-
tor;
(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 Commis-
sioner 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 adminis-
trator; and
(3) Any other lawful provision deemed necessary or appro-
priate.
(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.
1774
GENERAL ACTS AND RESOLUTIONS, VOL. I
114-619a. Bonds and liability insurance required; resident office
of administrator, (a) The Commissioner shall require each adminis-
trator 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 Commis-
sioner 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 Commis-
sioner, the fund shall be deemed to be insolvent and shall be pro-
ceeded 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 Commis-
sioner 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; receiv-
ers. If the Commissioner finds that any fund or its administrator (1)
has failed to comply with any provision of this chapter, (2) is
GEORGIA LAWS 1981 SESSION
1775
fraudulently operated, (3) is in such condition as to render further
fund operations hazardous to the public interest or to the interest of
the funds 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 appli-
cation 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 capaci-
ties 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.
1776
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 enumer-
ated in this section, after hearing as herein provided, the Commis-
sioner 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 funds 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 voluntar-
ily 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.
114-623a. Fiduciary responsibilities. Any trustee, officer, or
administrator of a fund who receives, collects, disburses, or invests
funds in connection with the activities of such organization shall be
responsible for such funds in a fiduciary relationship to the fund.
114-624a. Prohibited pecuniary interest of officials, (a) Any
officer, trustee, administrator, any member of any committee, or an
employee of a fund who is charged with the duty of investing or
handling the funds 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.
GEORGIA LAWS 1981 SESSION
1777
(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
funds 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 56-7, 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,
1778
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 provi-
sions 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 recipro-
cal 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 Workmens 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.
GEORGIA LAWS 1981 SESSION
1779
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 mini-
mum 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 Commis-
sioner 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 responsi-
bility 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 enforce-
ment 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 adminis-
trative fire safety specialists and employ such office personnel as may
be required to carry out the provisions of this Act. All such appoint-
ees, 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
GEORGIA LAWS 1981 SESSION
1781
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 build-
ings and structures;
(B) Review plans and specifications for proposed build-
ings and structures, issue building permits when plans are
approved, and conduct fire safety inspections of such build-
ings 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 Commis-
sioner.
Nothing herein shall be construed so as to place upon any munici-
pality, county or any officer or employee thereof, the responsibil-
ity 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Every such local governing authority shall be responsi-
ble for investigating all cases of arson and other suspected incendi-
ary fires within their jurisdiction, shall have the duties and powers
authorized by Section 21 of this Act in carrying out such responsi-
bility, and shall submit quarterly reports to the state fire marshal
containing fire-loss data regarding all fires within their jurisdic-
tion. 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 responsibili-
ties 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 Commis-
sioner shall perform those duties specified in paragraph (1) of subsec-
tion (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 popula-
tion 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.
GEORGIA LAWS 1981 SESSION
1783
(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 employ-
ment for each applicant seeking to be deputized and the dates and
places of past employment, educational background, training experi-
ence, 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 exam-
ine the applicants education, training, and employment experi-
ence 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 appropri-
ate 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
1784
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 marshals 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 construc-
tion 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;
GEORGIA LAWS 1981 SESSION
1785
(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 institu-
tions, 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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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 subsec-
tions (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
GEORGIA LAWS 1981 SESSION
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 classifica-
tion of occupancy. For purposes of this Act, substantial renovation
shall mean any construction project involving exits or internal fea-
tures of such building or structure costing more than the buildings or
structures 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
1788
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 sus-
tained 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.
GEORGIA LAWS 1981 SESSION
1789
Section 11. This Act shall become effective on April 1, 1982,
except that certain counties and municipalities shall have the author-
ity 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 Commis-
sioner to require continuing education as a prerequisite for the
renewal for the licenses of insurance agents, solicitors, brokers, coun-
selors, 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:
58
1790
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Commis-
sioner.
(c) If an applicant for an agents license other than as
provided in subsection (3), below, and Code Section 56-808a, has:
(I) Successfully completed classroom courses in insur-
ance satisfactory to the Commissioner at a school, college, or
extension division thereof, or schools operated by an insur-
ance 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 full-
time bona fide employee of an agent, an insurer, their man-
agers, 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
GEORGIA LAWS 1981 SESSION
1791
agent, an insurer, their managers, general agents, or represen-
tatives 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 applicants 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 agents exami-
nation 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 examina-
tion 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 licensee 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 require-
ments of Chapter 56-13 and Section 56-803.la, the Commissioner
shall forthwith issue a license limited to the insurer and class or
1792
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 appli-
cant 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 require-
ments of Chapter 56-13 and Section 56-803.la, 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 Commis-
sioner, 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 exemp-
tion of one-fourth of the number of hours of classroom instruction
required pursuant to this subsection for each five years of continu-
GEORGIA LAWS 1981 SESSION
1793
ous 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 Commis-
sioner and who hold one or more limited licenses as described
in Section 56-805a(l)(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 persons
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 continu-
ing 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.
1794
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 Com-
missioner and who hold one or more limited licenses as
described in Section 56-811b(l), (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
persons insurer shall furnish the Commissioner such infor-
mation as the Commissioner deems necessary to verify com-
pliance with the continuing education requirements.
(f) Any licensed agent satisfying the continuing educa-
tion 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 sus-
pended, 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
GEORGIA LAWS 1981 SESSION
1795
divide the alphabet, as related to the first letter of the last names
of persons filing applications, in such a manner as he may deem
appropriate to spread the workload of the processing and issuance
of the licenses during the period beginning July 1 and ending
December 31 in each year. Licenses so issued shall be for the
immediately succeeding calendar year.
Section 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.
1796
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 bal-
ances 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.
GEORGIA LAWS 1981 SESSION
1797
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<t 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 pay-
able. 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 mini-
mum 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
1798
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Regula-
tion 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 conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1981 SESSION
1799
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 qualifica-
tions 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 electors eligibility to remain on the list of
electors. The electors failure to respond in person or by mail by the
date set for the hearing shall constitute cause for removing the
electors 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 per-
manency of registration and biennial revision of records and reregis-
tration, 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-num-
bered 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 substi-
tuting 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
1800
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 prepar-
ing 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 unconsti-
tutional, 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 uncon-
stitutional 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.
GEORGIA LAWS 1981 SESSION
1801
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 docu-
ments 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 electors 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 electors 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 electors 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.
1802
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA CIVIL DEFENSE ACT OF 1951 AMENDED
LOCAL 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 pur-
poses.
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 autho-
rized 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 organiza-
tion 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 docu-
ments.
(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.
GEORGIA LAWS 1981 SESSION
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 discrimina-
tion 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.
1804
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Chap-
ter 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 rend-
ers 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: neurolog-
GEORGIA LAWS 1981 SESSION
1805
ical; 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 physi-
cal or mental impairment as defined in section 66-502 (d) which
substantially limits one or more of such persons 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, associ-
ation, 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 rehabilita-
tion.
1806
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 persons ability to
adequately perform assigned job duties; or
(2) Any communicable disease, either carried by or afflict-
ing 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 employers good faith reliance
upon a professional opinion rendered by a licensed physician, rehabil-
itation 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 persons handicap unless such handicap restricts that individ-
uals 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 persons 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 pro-
portion 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 employ-
ment or otherwise discriminate against individuals because of their
handicap.
GEORGIA LAWS 1981 SESSION
1807
(c) No labor organization shall exclude or expel from its mem-
bership, 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 employ-
ment opportunities, or otherwise affect such persons employee status
or employment applicant status or as would adversely affect such
persons wages, hours or conditions of employment, because of such
persons 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 individuals 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 discrim-
inate 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
1808
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 pro-
gram, 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,
GEORGIA LAWS 1981 SESSION
1809
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 advertisments 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 adminis-
trative actions having a fiscal impact on local political subdivisions; to
1810
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 municipali-
ties; 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 esti-
mated 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, munici-
pality, 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
GEORGIA LAWS 1981 SESSION
1811
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 adminis-
trative 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, commis-
sion, 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 adminis-
trative 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 Administra-
tive 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 govern-
ment 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.
1812
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 other-
wise 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 administra-
tion of said Employment Security Law are exempt from all provi-
sions of this Act.
Any bill proposing an amendment to the Code of Public Trans-
portation, 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.
GEORGIA LAWS 1981 SESSION
1813
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 subsec-
tion (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 intro-
duced 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
1814
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 strik-
ing 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
GEORGIA LAWS 1981 SESSION
1815
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, which-
ever 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 exami-
nation 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;
1816
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1817
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 pursu-
ant 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 boards 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 endorse-
ment 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 examina-
tion.
(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 provi-
sions 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.
1818
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 educa-
tional 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
GEORGIA LAWS 1981 SESSION
1819
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 designa-
tion 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 accompanied 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 late 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:
1820
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 8. Practice of licensed practical nursing defined. Prac-
tice of licensed practical nursing means the performance for compen-
sation, 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; perform-
ing certain specialized tasks when appropriately trained and consis-
tent with institutional policy and providing similar health care ser-
vices 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
applicants 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;
GEORGIA LAWS 1981 SESSION
1821
(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 commis-
sion 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 with-
held 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 disciplin-
ary 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;
59
1822
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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;
GEORGIA LAWS 1981 SESSION
1823
(4) Limit or restrict any license;
(5) Revoke any license;
(6) Condition the penalty or withhold formal disposition
upon the nurses 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 antece-
dent 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, author-
ity, 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 licentiates or applicants 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
1824
GENERAL ACTS AND RESOLUTIONS, VOL. I
a licentiates or applicants 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 repri-
mand, nor the denial of a license by endorsement under Section 5, nor
the denial of a request for reinstatement of a license shall be consid-
ered a contested case within the meaning of the Georgia Administra-
tive 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 reason-
able 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 Practi-
cal 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 Practi-
cal 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.
GEORGIA LAWS 1981 SESSION
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 Practi-
cal 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 uncon-
stitutional 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.
1826
GENERAL ACTS AND RESOLUTIONS, VOL. I
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, sig-
nals, markings, and other traffic-control 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 traffic-control 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,
GEORGIA LAWS 1981 SESSION
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 regu-
lations 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 recom-
mended 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 Depart-
ment 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 addi-
tion each railroad company shall erect and maintain a Railroad
Crossbuck Sign on its right-of-way at all such crossings.
1828
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) Unlawful to remove, deface, or damage official traffic-con-
trol 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 busi-
ness; to provide a short title; to declare a purpose; to define certain
GEORGIA LAWS 1981 SESSION
1829
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 identifica-
tion 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 employ-
ment of personnel for enforcement of this Act; to provide for excep-
tions to the Act; to provide for applicability; 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:
1830
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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, affilia-
tions, 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 pri-
vate 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 busi-
ness 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, com-
panies, 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
GEORGIA LAWS 1981 SESSION
1831
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 dishon-
orable 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 reim-
bursement 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
1832
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 licensees 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 con-
duct 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 adminis-
tration of applications, examinations, registration, and licensure
and renewal of licenses with respect to private detectives and
persons engaged in the private security business; provided, how-
GEORGIA LAWS 1981 SESSION
1833
ever, that the amount of fees charged shall be set such that the
amount of revenue collected shall cover the cost of the administra-
tion of this Act and the rules and regulations of the board.
(9) To issue, renew, deny, suspend, or revoke licenses con-
sistent 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, com-
pany, 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 applicants 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 finger-
prints 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 subsec-
1834
GENERAL ACTS AND RESOLUTIONS, VOL. I
tion 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
applicants 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 contend-
ere 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 applica-
tion two complete sets of fingerprints on forms specified and fur-
nished 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 actu-
ally 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
GEORGIA LAWS 1981 SESSION
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 charac-
ter, 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, compe-
tency, 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 danger-
1836
GENERAL ACTS AND RESOLUTIONS, VOL. I
ous 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 applica-
tion shall state the applicants full name, age, date and place of birth,
residences and employment within the past five years with the names
GEORGIA LAWS 1981 SESSION
1837
and addresses of employers, his present occupation, date and place of
conviction or arrest for any crime, including the plea of nolo contend-
ere 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-secretarys 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
1838
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 com-
bined, 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 responsi-
bility. 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
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 direct-
ing 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 joint-secretary. 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.
GEORGIA LAWS 1981 SESSION
1839
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 employees
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 danger-
ous 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
1840
GENERAL ACTS AND RESOLUTIONS, VOL. I
application shall state the employees full name, age, date and place of
birth, residences and employment within the past five years, experi-
ence 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 applica-
tion 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 joint-secretary. 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 boards discretion.
GEORGIA LAWS 1981 SESSION
1841
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 employ-
ment; 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 prospec-
tive 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 estab-
lished 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 Invest-
igation, 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.
1842
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 appeal
of the conviction has been sought.
(4) Been arrested, charged, and sentenced for the commis-
sion 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 adju-
dication 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 treat-
ment 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, chemi-
cals, 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.
GEORGIA LAWS 1981 SESSION
1843
(6) Committed any act in the practice of the private detec-
tive 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; misrepre-
sented 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
1844
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 applicants qualifications, it shall have the
power to deny such licensure or registration.
(b) If, after notice and hearing, the board finds that any appli-
cant 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; exemp-
tions; 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,
GEORGIA LAWS 1981 SESSION
1845
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 require-
ment. The applicant shall present proof to the board that:
(1) He has demonstrated on the firearms range the profi-
cient use of firearms by meeting such minimum qualifications on
pistol and shotgun (if so armed) courses as the board may pre-
scribe 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 qualifi-
cations 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
1846
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 provi-
sions 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 emer-
gency 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:
GEORGIA LAWS 1981 SESSION
1847
(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 insur-
ance 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 adjusters 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-A-2102.
(b) The provisions of this Act shall not prevent the local authori-
ties 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
1848
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 regula-
tions 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 provi-
sions of this Act shall be guilty of a misdemeanor and, upon convic-
tion 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 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 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.
GEORGIA LAWS 1981 SESSION
1849
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, Georgias 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 Georgias 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, Georgias early inhabitants depended on wildflowers
for food and drink, tonics, dyes, and medicines; and even today many
1850
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 pro-
viding 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 todays 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 WOMENS
OPPORTUNITIES.
No. 83 (House Resolution No. 227).
A RESOLUTION
Creating the Georgia Commission on Womens Opportunities; and
for other purposes.
GEORGIA LAWS 1981 SESSION
1851
WHEREAS, the concept of equal opportunities for all has been
central to the development and tremendous expansion of our econ-
omy 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 womens
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 employ-
ment, 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 distinc-
tion, exclusion, or preference is made on the basis of sex which has the
effect of nullifying or impairing equality of opportunities or treat-
ment in employment or occupation and to determine when, in keep-
ing 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
Womens Opportunities. The commission shall be composed of 15
members as follows:
1852
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Five members of the Senate to be appointed by the 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 Governors
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 infor-
mal 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
GEORGIA LAWS 1981 SESSION
1853
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 pro-
vided 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
60
1854
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1855
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 termi-
nate 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 subsec-
tion (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 deter-
mined 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.
1856
GENERAL ACTS AND RESOLUTIONS, VOL. I
EMPLOYEES RETIREMENT SYSTEM ACT AMENDED
CREDIT 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 Auditors 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 condi-
tions; 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 twenty-four 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:
GEORGIA LAWS 1981 SESSION
1857
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 Auditors 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 contribu-
tion 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
1858
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 collec-
tion of attorneys 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 Commis-
sioner; 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
employers liability for income tax withheld; to authorize special
accounting for withheld income taxes; to clarify employees 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 registra-
tion; to prohibit obstruction of levying officers; to provide for edito-
rial 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:
GEORGIA LAWS 1981 SESSION
1859
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 recodifica-
tion 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 91 A-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 oh such prior date. Unless otherwise provided in this Title,
1860
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Commis-
sioner.
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 informa-
tion 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 informa-
tion 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.
GEORGIA LAWS 1981 SESSION
1861
(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,
1862
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 91A-241, 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 Commis-
sioner 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 Com-
missioner 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 redeter-
mination 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 Commis-
sioner 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 Commis-
sioner shall be reasonably exercised on all occasions.
GEORGIA LAWS 1981 SESSION
1863
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 provi-
sions 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:
1864
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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
countys tax digest is not approved, pursuant to Code Section 91A-
1413, before July 1 of any year.
GEORGIA LAWS 1981 SESSION
1865
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 91A-1029
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 occu-
pants 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.
1866
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 14. Said Code Title is further amended by striking in its
entirety subsection (b) of Code Section 91A-1113, relating to determi-
nation 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 Administra-
tion 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, Para-
graph 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 blind-
ness 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 locomo-
GEORGIA LAWS 1981 SESSION
1867
tion 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 applicants 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,
1868
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 his 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 default-
ing 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.
GEORGIA LAWS 1981 SESSION
1869
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 commis-
sions 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.
61
1870
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 Commis-
sioner 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 estab-
lished 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 jurisdic-
tion.
(4) This subsection shall apply to all tax years beginning on
or after January 1,1981.
GEORGIA LAWS 1981 SESSION
1871
Section 22. Said Code Title is further amended by repealing in
its entirety Code Section 91A-2208, relating to taxation of nonresi-
dent 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 qualifi-
cations, 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 applicants gross household income for the immedi-
ately 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.
1872
GENERAL ACTS AND RESOLUTIONS, VOL. I
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:
91A-2405. 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 consti-
tute 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 years 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 home-
stead 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 commis-
sioner. 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 condi-
tions 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 applicants
homestead.
GEORGIA LAWS 1981 SESSION
1873
(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 regis-
tered 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 proce-
dure for filing such an appeal.
(2) Appeals of the decision of the tax collector or tax commis-
sioner 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 applicants 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.
62
1874
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) Each application shall contain a list of, and the current value
of, all outstanding liens on the applicants 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 outstand-
ing 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
GEORGIA LAWS 1981 SESSION
1875
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 owners 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:
(I) The owner of the property or the spouse of the owner.
1876
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 ten-
dered. 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 govern-
ing 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 appli-
cable 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:
GEORGIA LAWS 1981 SESSION
1877
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 follow-
ing:
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
1878
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 maxi-
mum 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 princi-
pal 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 instru-
ment 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
GEORGIA LAWS 1981 SESSION
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 taxpayers 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 taxpayers 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 taxpayers 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
1880
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 occu-
pation 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 employers
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 posses-
sion 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
GEORGIA LAWS 1981 SESSION
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 Commis-
sioner or the Department. The order or paper shall be handled
and dealt with under such rules and regulations as the Commis-
sioner may prescribe.
1882
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 prohib-
ited. 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.
GEORGIA LAWS 1981 SESSION
1883
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 trans-
portation 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
1884
GENERAL ACTS AND RESOLUTIONS, VOL. I
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$l,
and substituting in lieu thereof the following:
for license year 1981 of $1 and for license year 1982 and thereaf-
ter of $3,
so that when so amended subsection (c) of Code Section 91A-5109
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 identifica-
tion 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
GEORGIA LAWS 1981 SESSION
1885
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 5-603, 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.
1886
GENERAL ACTS AND RESOLUTIONS, VOL. I
(l) Code Section 91A-1211, relating to tax to pay county agricul-
tural 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 Governors 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 uncon-
stitutional 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.
GEORGIA LAWS 1981 SESSION
1887
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:
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
1888
GENERAL ACTS AND RESOLUTIONS, VOL. I
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:
GEORGIA LAWS 1981 SESSION
1889
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.
1890
GENERAL ACTS AND RESOLUTIONS, VOL. I
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,
GEORGIA LAWS 1981 SESSION
1891
so that when so amended, subsection 2 of Section 13 shall read as
follows:
2. Pay to the Secretary-Treasurer of the Board of Commis-
sioners 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 sub-
section (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 retire-
ment 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 Governors
approval.
1892
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1981 SESSION
1893
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.l), so that
when so amended said undesignated paragraphs shall read as follows:
(c.l) 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.
1894
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 members 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 conflict-
ing 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
GEORGIA LAWS 1981 SESSION
1895
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 pin-pose of computing any contribu-
tions 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
members 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 members 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.,
1896
GENERAL ACTS AND RESOLUTIONS, VOL. I
and substituting in lieu thereof the following paragraph, to be desig-
nated paragraph (b.l), to read as follows:
(b.l) 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 members death are less than his accumulated contribu-
tions 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 members 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.
GEORGIA LAWS 1981 SESSION
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.l), so that
when so amended said undesignated paragraphs shall read as follows:
(c.l) 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 members accumulated contributions at the time of his retire-
ment, 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.
1898
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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
members 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 design-
ees 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
GEORGIA LAWS 1981 SESSION
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 supervi-
sion 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 provi-
sions 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 joint-secretary 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
1900
GENERAL ACTS AND RESOLUTIONS, VOL. I
be in the unclassified service and excluded from the classified service
as defined in an Act completely and exhaustively revising, supersed-
ing, and consolidating the laws relating to the State Personnel Board
and the State Merit System of Personnel Administration, 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 allow-
ance 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 days 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. Notwith-
standing any other provisions of law to the contrary, examination
criteria, examination grading procedures, examination fees, examina-
tion passing score requirements and other matters pertaining to the
examination of applicants for licensure may be adopted by respective
GEORGIA LAWS 1981 SESSION
1901
board rules, as are necessary to implement such examination stan-
dards. Examination standards, including examination criteria, grad-
ing procedures, and passing score requirements, developed in agree-
ment 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 pre-
pare 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 follow-
ing 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 appli-
cation, a complaint, an investigation, or a disciplinary proceeding,
except as may be contained in official board minutes.
(f) Funding for the office of the joint-secretary 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
1902
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 examina-
tion, 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 determi-
nation 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
GEORGIA LAWS 1981 SESSION
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 AMENDED
INCOME 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 defini-
tions; to provide for limitations; to provide for applicability; to
provide for severability; to provide an effective date; to repeal con-
flicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
1904
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Reve-
nue 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
GEORGIA LAWS 1981 SESSION
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 taxpayers 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 taxpayers 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 taxpayers 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 occu-
pation within his competence.
63
1906
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 unconsti-
tutional, 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 uncon-
stitutional 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 AMENDED
TAX 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 collec-
tors, and Code Section 91A-1405, relating to qualifications, duties,
GEORGIA LAWS 1981 SESSION
1907
and compensation of appraisers, so as to change the duties of apprais-
ers 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 subsec-
tion (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.
1908
GENERAL ACTS AND RESOLUTIONS, VOL. I
RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
19 8 1
PROPOSING AMENDMENTS
TO THE
CONSTITUTION OF GEORGIA
GEORGIA LAWS 1981 SESSION
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 resolu-
tions 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 Constitu-
tion 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 addi-
tion, 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
1910 GENERAL ACTS AND RESOLUTIONS, VOL. I
by the General Assembly notwithstanding any general law heretofore
or hereafter enacted dealing with the subject matter of this para-
graph, 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 Shall the Constitution be amended so as
to provide that the Probate Court of
Camden County shall have jurisdic-
[ ] NO tion 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 Gen-
eral 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 pro-
posed 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 Constitu-
tion of this state.
GEORGIA LAWS 1981 SESSION
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 ratifi-
cation 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 amend-
ment is ratified, and it must be ratified by a majority of the electors
1912 GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Shall the Constitution be amended so as
to provide for amendment of the
Constitution by ratification of two or
[ ] NO more new articles or two or more new
articles with related changes as a sin-
gle amendment?
All persons desiring to vote in favor of ratifying the pro-
posed 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 Constitu-
tion of this state.
GEORGIA LAWS 1981 SESSION
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 Gen-
eral, 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 unex-
pired 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 Shall the Constitution be amended so as
to provide the manner of filling va-
cancies in certain elected constitu-
[ ] NO tional offices of the state?
All persons desiring to vote in favor of ratifying the pro-
posed amendment shall vote Yes. All persons desiring to vote
against ratifying the proposed amendment shall vote No.
1914
GENERAL ACTS AND RESOLUTIONS, VOL. I
If such amendment shall be ratified as provided in said
Paragraph of the Constitution, it shall become a part of the Constitu-
tion 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 Constitu-
tion 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
GEORGIA LAWS 1981 SESSION
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 exemp-
tion. 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 clerks 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 Shall the Constitution be amended so as
to provide for a homestead exemp-
tion from certain city ad valorem
taxes for residents of the City of De-
[ ] NO catur 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 pe-
riodically, but which exemption
shall not exceed $10,000.00?
All persons desiring to vote in favor of ratifying the pro-
posed 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 Constitu-
tion of this state.
1916 GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Constitu-
tion 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 differ-
ing 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 subclassifi-
cation 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 Shall the Constitution be amended so as
to authorize the governing authority
of Bulloch County to create and tax
[ ] NO at different rates subclasses of real
property for purposes of special ser-
vices fire districts?
GEORGIA LAWS 1981 SESSION
1917
All persons desiring to vote in favor of ratifying the pro-
posed 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 Constitu-
tion of this state.
CITY OF SAVANNAH AND CHATHAM COUNTY-
HOMESTEAD 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 Constitu-
tion is hereby amended by striking the following paragraph:
1918 GENERAL ACTS AND RESOLUTIONS, VOL. I
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 exemp-
tion, 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 commis-
sioner for that purpose which shall state the owners 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 proper-
ties 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 educa-
tional purposes levied for or in behalf of the Board of Public Educa-
tion 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 owners 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
GEORGIA LAWS 1981 SESSION
1919
information as may be reasonably required by the tax commissioner.
The exemption granted by this paragraph shall apply to those proper-
ties 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 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
[ . ] NO 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 resi-
dent of Chatham County who is 62
years of age or over if his net income
from all sources, including the net in-
come 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 pro-
posed 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 Constitu-
tion of this state.
1920 GENERAL ACTS AND RESOLUTIONS, VOL. I
CITY OF SAVANNAH AND CHATHAM COUNTY-
COMPENSATION 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 Constitu-
tion is hereby amended by adding at the end of subsection (b) the
following new paragraph:
Any other provision of this Constitution to the contrary notwith-
standing, 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 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
[ ] NO and the County of Chatham may be
changed by local law without the ne-
cessity of a referendum?
GEORGIA LAWS 1981 SESSION
1921
All persons desiring to vote in favor of ratifying the pro-
posed 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 Constitu-
tion 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 Constitu-
tion 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 persons net income, together with the
net income of his spouse who also occupies and resides at such
1922 GENERAL ACTS AND RESOLUTIONS, VOL. I
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 qualifica-
tions 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,
sucb person and his spouse may claim that share of such exemption
which is proportioned to their combined share in the property not-
withstanding 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 admin-
istered that state-wide homestead exemption, created by a general
GEORGIA LAWS 1981 SESSION
1923
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 Shall the Constitution be amended so as
to increase the homestead exemp-
tion to $20,000.00 and the income
limits to $10,000 for certain re-
[ ] NO sidents 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 condi-
tions although only one of them is 65
years of age or over?
All persons desiring to vote in favor of ratifying the pro-
posed 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 Constitu-
tion 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
1924 GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Constitu-
tion 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.,
GEORGIA LAWS 1981 SESSION
1925
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 indebted-
ness 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 incon-
testable 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 Shall the Constitution be amended so as
to authorize the Gilmer County In-
dustrial Development Authority to
fix the interest rate to be borne by
[ ] NO bonds, debentures, or revenue bonds
issued by the authority and to pro-
vide that state usury laws shall not
apply to such issues?
1926
GENERAL ACTS AND RESOLUTIONS, VOL. I
All persons desiring to vote in favor of ratifying the pro-
posed 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 Constitu-
tion 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 city-
county 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 Constitu-
tion 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, home-
stead property in Muscogee County shall be valued for purposes of ad
valorem taxation for school and city-county 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
GEORGIA LAWS 1981 SESSION
1927
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 exemp-
tion allowed under Georgia law. As used in this paragraph, home-
stead shall have the meaning specified by law for purposes of exemp-
tion from taxation, except that the term shall include not more them
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 consid-
ered 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 para-
graph 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, which-
ever 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 Shall the Constitution be amended so as
to provide for assessment of home-
stead property in Muscogee County
for ad valorem tax purposes based
[ ] NO upon the value of the property on
January 1,1983; or as of January 1 of
the first year when homestead ex-
emption 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?
1928
GENERAL ACTS AND RESOLUTIONS, VOL. I
All persons desiring to vote in favor of ratifying the pro-
posed 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 Constitu-
tion 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 Constitu-
tion is hereby amended by striking therefrom the following:
Any other provisions of this Constitution to the contrary not-
withstanding, 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
GEORGIA LAWS 1981 SESSION
1929
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 exemp-
tion 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 pro-
vided 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 notwith-
standing, 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 immedi-
ately preceding taxable year for income tax purposes. For the pur-
poses 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
1930 GENERAL ACTS AND RESOLUTIONS, VOL. I
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 clerk 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 exemp-
tions, 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 begin-
ning 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 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
[ ] NO Palmetto who is 65 years of age or
older having an adjusted gross in-
come, with certain exclusions, to-
gether with the adjusted gross in-
come 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 pro-
posed amendment shall vote Yes. All persons desiring to vote
against ratifying the proposed amendment shall vote No.
GEORGIA LAWS 1981 SESSION
1931
If such amendment shall be ratified as provided in said
Paragraph of the Constitution, it shall become a part of the Constitu-
tion 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 reduc-
tion 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 Constitu-
tion 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
1932 GENERAL ACTS AND RESOLUTIONS, VOL. I
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 effec-
tive 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 Shall the Constitution be amended so as
to authorize the General Assembly
to allocate a percentage of the pro-
ceeds of any local sales and use tax
[ ] NO levied within Bulloch County to the
Bulloch County school system and
to include provisions relative to a re-
duction in the ad valorem millage
rate for school purposes?
All persons desiring to vote in favor of ratifying the pro-
posed 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 Constitu-
tion of this state.
GEORGIA LAWS 1981 SESSION
1933
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 pur-
poses.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VI, Section VII, Paragraph II of the Constitu-
tion 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 Shall the Constitution be amended so as
to increase the jurisdiction of civil
cases over which the Justices of the
[ ] NO Peace ofSpalding County shall have
jurisdiction?
1934
GENERAL ACTS AND RESOLUTIONS, VOL. I
All persons desiring to vote in favor of ratifying the pro-
posed 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 Constitu-
tion 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 ratifica-
tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article IX, Section V, Paragraph II of the Constitu-
tion 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
GEORGIA LAWS 1981 SESSION
1935
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.
1936 GENERAL ACTS AND RESOLUTIONS, VOL. I
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
[ ] YES Shall the Constitution be amended so as
to declare the construction of certain
public facilities in Spalding County
as an essential governmental func-
[ ] NO tion and a public purpose and to au-
thorize Spalding County to levy a re-
tail sales and use tax to provide funds
for the implementation of such pub-
lic purpose?
All persons desiring to vote in favor of ratifying the pro-
posed 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 Constitu-
tion of this state.
1937
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 Regu-
lar Session.
Article V, Section II, Paragraph VI of the Constitution re-
quires 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
1938
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 Geor-
gia at the 1981 Regular Session.
Article V, Section II, Paragraph VI of the Constitution re-
quires 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
1939
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 de-
tention, injuries or damages to other persons or property. Pre-
sumably the employer would remain insulated from the re-
sponsibility 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 occa-
sioned by an independent contractor who is not subject to the
immediate direction and control of the employer is a proposi-
tion 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. Re-
gardless 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 in-
dustry 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 dam-
ages caused by a contractor operating one of the employers
vehicles, but to all intentional damages caused by any indepen-
dent 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
1940
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 Retire-
ment 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 4V2 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 im-
posed 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 con-
cerns itself with the allegations that the General Assembly
failed to observe and follow its own rules of legislative proce-
dure and the possible violation of certain statutory require-
ments 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 execu-
tive veto.
The service credit for military service provisions would result
in an estimated unfunded liability to the system of approxi-
mately 14.7 million dollars. The fiscal impact of Section 1 has
been impossible to determine. The remaining provisions of the
1941
bill have little or no adverse fiscal impact upon the systems.
There is nothing novel or unique about ERS permitting leg-
islative 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 ac-
cumulates 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 re-
questing 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 legisla-
tive 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 author-
ize such service transfers. What is not clear and readily ascer-
tainable 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 em-
ployed in a position covered by ERS or TRS, if his retirement
benefits have become vested under LRS, could reap the bene-
fits of both LRS and ERS or TRS by using that time expended
as a member of the General Assembly as creditable service
under each of the two systems.
The policy implications raised by the possibility of double
dipping, in all fairness to the members of the General Assem-
bly 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 retire-
ment systems cannot be sustained upon past historical policy
decisions of former General Assemblys and Governors. History
1942
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 ir-
reparable injury which will result if an opportunity to carefully
review each policy objective sought to be accomplished by Sen-
ate 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 legis-
lation accomplishing the objectives sought by Senate Bill 353s
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 in-
formed 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
1943
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 passen-
ger. Presently operators of motor vehicles transporting passen-
gers for hire must exercise extraordinary diligence to protect
the lives and persons of their passengers, such as school chil-
dren. For sound reasons of public policy, Georgia has required
those who voluntarily choose to earn their livelihood by engag-
ing 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 bur-
den 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 mo-
tor vehicles. I see no reason to permit this demonst ed, 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 solici-
tor to enter a nolle prosequi in any pending indictment or ac-
cusation 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
1944
public. The present system has operated well for more than
100 years. I am not persuaded that a change allowing a unilat-
eral 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 legisla-
tion (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. With-
out 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 89th
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 proposi-
tion 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 fa-
cility which an authoritys capabilities permitted. In order to
permit these activities, it has been paramount that it be abun-
dantly clear that the particular authority is not the alter ego of
the State or is not the alter ego of one of the States political
subdivisions. Otherwise, the flexibility of the authoritys pow-
1945
ers 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 States statutory law that the ap-
plicability of the doctrine of sovereign immunity to this partic-
ular Authority is reaffirmed has unfathomed implications
which could be adverse to the interests of all authorities. I can-
not 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 re-
quest of the delegation representing Cobb County, I have ve-
toed 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, pursu-
ant 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 certifica-
tion 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 ob-
servance of the legislative process. It is through these
processes, in a forum composed of a widely representative and
diverse body, that the peoples 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 per-
1946
fected. It is within this crucible of the committee system, of
free and open floor debate, that proposals which are not wor-
thy are rejected, that proposals which are commendable but
flawed are perfected and honed to the fine cutting edge re-
quired of all proposals which will become the stated public pol-
icy of this State.
House Bill 272 represents no better example or more dra-
matically illustrates the failure of the legislative process to
function as it is intended and in a manner in which it must
operate if the peoples 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 States 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 gen-
eral 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 proposi-
tion 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 substan-
tive committees of the General Assembly charged with review-
ing and perfecting legislation dealing with issues of public
safety, and then after scrutiny and debate by all 236 of the
peoples elected representatives, that the publics view of the
legislation which is now so universally banned as unwise, led
only one member of the General Assembly to express a nega-
tive response to this proposal. The bill passed with no amend-
ments 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 per-
ceived 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 per-
1947
mits 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 pro-
posed 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 per-
suaded 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 publics 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 publics 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.
1948
COUNTIES AND SUPERIOR COURT CIRCUITS
1949
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 0. 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 HEN WOOD.........................Assistant Reporter
COURT OF APPEALS OF GEORGIA
As of May 1, 1981
J. KELLEY QUILLIAN.......
BRASWELL D. DEEN, JR.....
WILLIAM LEROY MCMURRAY, JR.
ARNOLD SHULMAN...........
HAROLD R. BANKE..........
ANDREW W. BIRDSONG, JR...
GEORGE H. CARLEY.........
JOHN W. SOGNIER..........
MARION T. POPE, JR.......
ALTON HAWK
DONALD L. SHIVER
GUY M. MASSEY.........
W. SCOTT HENWOOD
.............Chief Judge
.........Presiding Judge
.........Presiding Judge
.........Presiding Judge
................... Judge
................... Judge
................... Judge
................... Judge
................... Judge
...............Clerk
Special Deputy Clerk
............Reporter
. . . Assistant Reporter
1950
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 0. 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 Sep-
tember; first Monday in December
TattnallThird Monday in April and October
1951
AUGUSTA CIRCUIT.
HONS. WILLIAM M. FLEMING, JR., Presiding Judge, Richmond County
Courthouse
FRANKLIN H. PIERCE, ALBERT MCELVEEN PICKETT, BER-
NARD 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 Mon-
day 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 Sep-
tember; 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
1952
COWETA CIRCUIT.
HONS. JOSEPH C. JACKSON, Chief Judge, Troup County Courthouse
DEWEY SMITH, WILLIAM LEE, Judges, Carroll County Courthouse
ART MALLORY, D.A., Troup County Courthouse
CarrollFirst Monday in April and October
CowetaFirst Monday in March; first Tuesday in September
HeardThird Monday in March and September
MeriwetherThird Monday in February, May, August and November
TroupFirst Monday in February, May, August and November
DOUGHERTY CIRCUIT.
HONS. ASA D. KELLEY, JR., Chief Judge, Dougherty County Courthouse
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 Mon-
day 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
1952A
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 Mon-
day following.
CrispThird and fourth Monday in February and Monday following; sec-
ond, 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

1953
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
1954
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 Mon-
day in October
StephensSecond Monday in January; third Monday in May; first Mon-
day 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 Mon-
day 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
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. ADELBERT 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
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 follow-
ing the first Monday in September
ThomasFirst Monday in April and October
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 HEN-
LEY, 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
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 Octobfer
OconeeSecond Monday in March and September
INDEX
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 popula-
tion 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
1960
INDEX
26-1902; amended........
26-2105; repealed.......
Chapter 26-22; amended
26-2801; amended........
26- 2904; amended......
Chapter 26-35; enacted . . .
27- 207; amended.......
27-705; amended.........
27-2502; amended........
30-209; amended.........
Title 32; amended ......
Chapter 32-9; amended . . .
32-903.1; amended.......
32-903.2; amended.......
32-904; amended.........
32-906; amended.........
32-3760; amended........
Title 34; amended ......
34-1406.1; amended......
34-1501(b); amended.....
Title 34A; amended......
34A-111; amended........
34A-501; amended........
34A-503; amended........
34A-519; amended........
34A-909; amended........
Title 34C; enacted......
38- 413; repealed......
Title 39; amended ......
39- 1105; amended......
Title 41A; amended......
41A-1610; amended.......
Chapter 41A-30; amended
Chapter 41A-34; amended
Title 45; amended ......
45-403; amended.........
Chapter 45-7; amended
45-812; amended.........
45- 902; amended.......
Title 46; amended
46- 309; enacted.......
47- 109; amended.......
Title 51; amended ......
52- 2447; amended......
53- 201(a); amended....
53-506; amended.........
Title 56; amended ......
Chapter 56-13; amended .
Chapter 56-20; amended .
56-2447; enacted
56-2701; amended
1266
.............. 915
............. 868
.............. 683
........ 946, 1325
.............. 1578
........ 880, 1393
............. 828
.............. 1024
.............. 615
.............. 735
.............. 756
.............. 1549
............. 602
......... 529, 755
.............. 643
.............. 1377
1718, 1798
.............. 534
.............. 535
. . 1238, 1430, 1728
.............. 536
......... 545, 551
.............. 1716
............ 1801
.............. 486
............. 1587
............... 875
.............. 1396
............. 1808
1244, 1366, 1566
.............. 848
.............. 753
.............. 965
..... 144, 798, 823
............... 730
.............. 1380
.............. 1003
.............. 688
.............. 383
............... 804
699
............. 626
.............. 896
............. 531
.............. 704
640, 936, 991, 1336
............... 380
809
.............. 817
.............. 1814
INDEX
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
88- 502.12; 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
1962
INDEX
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 attorneys compensation 430
Chattahoochee Circuit; compensation of assistant district attorney 436
Cherokee Circuit; terms .................................................. 593
Clerks duties in certain counties (300,000-600,000) (300,000-500,000) 546
Clerks fees, etc........................................................ 1396
INDEX
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 attorneys 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
1964
INDEX
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; clerks 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, solicitors 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
INDEX
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; sheriffs employees................................................ 3162
Bulloch; tax commissioners 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; sheriffs compensation................................................ 3055
Butts; tax commissioners 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 commissioners 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 sheriffs 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
1966
INDEX
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 magistrates 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; sheriffs compensation, deputy sheriffs............................ 3013
Cobb; Cobb-Marietta 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 clerks 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 sheriffs office................................. 3371
Dade; compensation of deputy clerk of superior court....................... 4077
Dade; compensation of probate court deputies and clerks.................... 4079
Dawson; commissioners compensation......................................... 3047
Dawson; compensation, clerk of superior court, judge of probate court...... 3053
Dawson; sheriffs compensation.............................................. 3050
Dawson; tax commissioners 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; coroners compensation............................................. 3104
Effingham; compensation of tax commissioner, etc........................... 4223
Elbert; compensation of board of commissioners............................. 4120
INDEX
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 commissioners 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; recorders court................................................... 3038
Gwinnett; recreation authority Act amended................................... 3828
Gwinnett; sheriffs compensation ............................................ 3140
Gwinnett; water and sewerage authority Act amended........................... 3818
Habersham; coroners 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
1968
INDEX
Haralson; treasurers 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 commissioners 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 sheriffs office...................................... 3691
Jefferson; personnel in tax commissioners 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; coroners compensation............................................. 3731
Mitchell; fees received by judge of probate court............................ 3728
INDEX
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 commissioners 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
1970
INDEX
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 sheriffs office........................................... 4104
Upson; small claims court .................................................... 3802
Upsom; tax commissioners compensation........................................ 3814
Walker; coroners compensation................................................ 3719
Walker; personnel in office of clerk of superior court........................ 3724
Walker; personnel in tax commissioners 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
6,825-6,925; 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
INDEX 1971
13,635-14,765; small claims court Act repealed................................... 3795
15.300- 15,800; compensation of named officers................................. 3227
16.500- 16,700; 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
33.300- 34,056; 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
45,550-50,550; 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; investigative 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
400.000- 525,000; 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
400,000-600,000; county administrators............................................ 547
1972
INDEX
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
INDEX 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
1974
INDEX
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 mayors 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............................................................ 5746
Reynolds; elections............................................................ 4161
Russell; new charter........................................................... 5501
Rutledge; police court fines................................................... 5873
St. Marys; new charter......................................................... 4763
Savannah; compensation of board of public education, proposed amendment
to the Constitution..................................................... 19520
INDEX
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; recorders 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
Way cross; downtown Way cross 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
1976
INDEX
Boston, City of; chief of police.......
Covington, City of; corporate limits . .
Covington, City of; utility rates......
East Point, City of; retirement system
Fitzgerald, City of; health hazards
Jesup, City of; charter amended........
Macon, City of; council actions........
Macon, City of; fire and police departments, employees retirement . 5109, 5114,
Macon, City of; retirement system......................................5105,
Marietta, City of; board of lights and water.................................
Marietta, City of; councilmen................................................
Marietta, City of; mayor and council ........................................
Newnan, City of; retirement system ..........................................
Riverdale, City of; recorders court ........................................
St. Marys, City of; city manager ............................................
Savannah, City of; pension plan........................................5148,
Toomsboro, Town of; tax on insurance companies...............................
Warner Robins, City of; bids.................................................
5074
5077
5080
5083
5090
5095
5101
5117
5120
5124
5129
5133
5136
5142
5145
5152
5155
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
INDEX
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 Assemblys commitment to program of Mercer University School of
Medicine............................................................. 1470
General Assemblys Commitment to program of Morehouse School of
Medicine............................................................. 1483
Georgia Bird Day and Wildflower Week designated....................... 1849
Georgia Commission on Womens 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
1978
INDEX
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
INDEX
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
1980
INDEX
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
INDEX
1981
ATTT",NS, 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
ATTORNEYS FEES
Workers 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
1982
INDEX
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
INDEX
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 (250,000-400,000)......... 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
1984
INDEX
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
BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION
Act amended............................................... 3850
BRUNSWICK JUDICIAL CIRCUIT
Judges and district attorneys 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
INDEX
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
Sheriffs employees............................................... 3162
Tax commissioners 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
Sheriffs compensation............................................ 3055
Small claims court................................................ 4184
Tax commissioners 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 commissioners salary............................................ 3043
CAMDEN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Created.............................................................. 3428
CAMILLA, CITY OF
Elections ........................................................... 3726
CAMPAIGN FINANCIAL DISCLOSURE ACT
Contributions during legislative sessions 851
1986
INDEX
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
Judges 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 sheriffs 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
INDEX
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
1988
INDEX
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
Magistrates 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 judges compensation 4166
Probate court clerks compensation, etc......................... 4219
INDEX
1989
COBB COUNTY, STATE COURT OF
Clerks 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
1990
INDEX
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
INDEX
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
1992
INDEX
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
INDEX
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
1994
INDEX
or more) ....................................................... 3278
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 mayors veto........................... 3467
DADE COUNTY
Budgeting, etc. for sheriffs 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
Commissioners compensation................................... 3047
Compensation, clerk of superior court, judge of probate court 3053
Sheriffs compensation........................................ 3050
Tax commissioners compensation 3045
DAY CARE STUDY COMMITTEE
Joint Committee created....................................... 1347
INDEX
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
1996
INDEX
DISTRICT ATTORNEYS
Appointment of secretaries................................... 672
Compensation of assistant district attorneys ................ 711
Travel expenses, etc......................................... 682
DISTRICT ATTORNEYS 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
Coroners 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 *744
INDEX
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
1998
INDEX
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 superintendents.......... 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
INDEX
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
EMPLOYEES HEALTH INSURANCE PLAN
Amended..................................................... 983
Employee defined, costs..................................... 425
EMPLOYEES 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
2000
INDEX
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
INDEX
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
FIREMENS 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.
2002
INDEX
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 commissioners 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........................................... 365
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..................................................... 6264
Jurisdiction of magistrates, etc................................ 3546
Secretaries and bailiffs for magistrates 3262
INDEX
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....................................................... 1636
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 *570
GEOLOGISTS
Registration Act of 1975 amended 777
GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT
Amended, vacancies 692
GEORGIA ALCOHOLIC BEVERAGE CODE
See also Alcoholic Beverages.
Amended....................................................... 1^69
Possession on public school grounds 625
GEORGIA BOARD OF DENTISTRY
Amended........................................................ 726
Members........................................................ 610
GEORGIA BOAT SAFETY ACT
Amended.......................................................
Bonds for regattas, etc........................................ 687
2004
INDEX
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 WOMENS 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................................................ 1189
GEORGIA HAZARDOUS WASTE MANAGEMENT AUTHORITY ACT
Enacted
462
INDEX
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...................................................... 1637
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
2006
INDEX
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
INDEX
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
Brunswick-Glynn 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
2008
INDEX
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
Recorders court, judge, solicitor 3038
Recreation authority Act amended................................. 3828
Sheriffs compensation........................................... 3140
Water and Sewerage Authority Act amended 3818
GWINNETT COUNTY, STATE COURT OF
Jury trials, salaries, etc.
3033
INDEX
2009
H
HABERSHAM COUNTY
Coroners compensation...................................... 3082
HABERSHAM COUNTY, STATE COURT OF
Compensation of judge and solicitor......................... 3087
Solicitors 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
Treasurers 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
2010
INDEX
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.......................................................... 011
HEARD COUNTY
Clerk of superior court, compensation 3179
County commissioner, compensation................................. 3184
Probate court judge, compensation 3174
Sheriff, compensation............................................. 3181
Tax commissioners 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............................................................. ^5
HILLSMAN, ROBERT
Robert Hillsman Bridge designated 48"
HOMERVILLE, CITY OF
Exchange of land authorized
1515
INDEX
2011
HOMESTEAD EXEMPTIONS
Alternative exemptions, etc.............................................. 626
Applications, etc. in certain counties (34,000-34,500)................... 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
2012
INDEX
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
Farmers 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 workers 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
INDEX
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 sheriffs office................................... 3691
Personnel in tax commissioners 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
2014
INDEX
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
INDEX
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
2016
INDEX
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 materialmens 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
INDEX
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
2018
INDEX
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 MATERIALMENS LIENS
Bonding requirements ....................................... 916
MEDICAL ASSISTANCE ACT OF 1977
Amended.................................................... 1887
Amended, claims............................................. 917
Amended, commissioners 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
INDEX
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
Coroners 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
2020
INDEX
MORGAN COUNTY
Compensation of board of commissioners.......................... 3883
Compensation of dark 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 Dismantles, 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) 55i
INDEX
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
2022
INDEX
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
Terms .............
168
553
INDEX
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
2024
INDEX
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
INDEX
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 materialmens 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
2026
INDEX
PRACTICE AND PROCEDUREcontinued
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
INDEX
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
2028
INDEX
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
INDEX
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 (17,000-20,000) 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
2030
INDEX
REVENUE continued
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
INDEX
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
2032
INDEX
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 commissioners 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 (13,635-14,765) .............. 3795
INDEX
2033
SMALL CLAIMS COURTScontinued
Act creating in certain counties repealed (16,500-16,700) ....... 3580
Act creating in certain counties repealed (22,830-23,500) ....... 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
2034
INDEX
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 (300,000-600,000) (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........................................................ 1926
STATE SCHOOL SUPERINTENDENT
Procedure to fill vacancies, proposed amendment to the Constitution 1913
INDEX
2035
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
2036
INDEX
SUPERIOR COURTScontinued
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
INDEX
2037
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
Recorders 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
2038
INDEX
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................................................... 1877
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
INDEX 2039
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 sheriffs 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 commissioners 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
2040
INDEX
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
Coroners compensation.................................... 3719
Personnel in office of clerk of superior court............ 3724
Personnel in tax commissioners 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
INDEX
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
2042
INDEX
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..............................................8^2, 1585
Attorneys fees...............................................
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 .................................................... 854
WRENS, CITY OF
Police court fines.......................................... 3913
Y
YOUTHFUL OFFENDER ACT
Amended, consecutive misdemeanor sentences 876
Z-
ZONING INSPECTORS
Issuance of citations in certain counties (600,000 or more) (550,000 or
more).................................................. 3282
INDEX
POPULATION OF GEORGIA COUNTIES
County
Appling
Atkinson
Bacon
Baker
Baldwin
Banks
Barrow
Bartow
Ben Hill
Berrien
Bibb
Bleckley
Brantley
Brooks
Bryan
Bulloch
Burke
Butts
Calhoun
Camden
Campbell
Candler
Carroll
Catoosa
Charlton
Chatham
Chattahoochee
Chattooga
Cherokee
Clarke
Clay
Clayton
Clinch
Cobb
Coffee
Colquitt
Columbia
Cook
Coweta
Crawford
Crisp
Dade
Dawson
Decatur
DeKalb
Dodge
Dooly
Dougherty
Douglas
Early
1980
15,565
6,141
9,379
3,808
34,686
8,702
21,293
40,760
16,000
13,525
151,085
10,767
8,701
15,255
10,175
35,785
19,349
13,665
5,717
13,371
7,518
56,346
36,991
7,343
202,226
21,732
21,856
51,699
74,498
3,553
150,357
6,660
297,694
26,894
35,376
40,118
13,490
39,268
7,684
19,489
12,318
4,774
25,495
483,024
16,955
10,826
100,978
54,573
13,158
1970
12,726
5,879
8,233
3,875
1960
13,246
6,188
8,359
4,543
34,240 34,064
6,833
16,859
32,911
13,171
11,556
143,366
10,291
5,940
13,743
6,539
31,585
18,255
10,560
6,606
11,334
6,412
45.404
28,271
5,680
187,816
25,813
20,541
31,059
65,177
3,636
98,126
6,405
196,793
22,828
32,298
22,327
12,129
32.310
5,748
18,087
9,910
3,639
22.310
415,387
15.658
10.404
89,639
28.659
12,682
6,497
14,485
28,267
13,633
12,038
141,249
9,642
5,891
15,292
6,226
24,263
20,596
8,976
7,341
9,975
6,672
36,451
21,101
5,313
188,299
13,011
19,954
23,001
45,363
4,651
46,365
6,545
114,174
21,953
I
34,048 |
13,423
11,822
28,893
5,816
17,768
8,666
3,590
25,203
256,782
16,483
11,474
75,680
16,741
13,151
1950
14,003
7,362
8,940
5,952
191,0
14,497
7,093
8,096
7,344
29,706 | 24,190
6,935
13,115
27,370
14,879
13,966
114,079
9,218
6,387
18,169
5,965
24,740
23,458
9,079
8,578
7,322
8,063
34,112
15,146
4,821
151,481
12,149
21,197
20,750
36,550
5,844
22,872
6,007
61,830
23,961
33,999
9,525
12,201
27,786
6,080
17,663
7,364
3,712
23,620
136,395
17,865
14,159
43,617
12,173
17,413
8,733
13,064
25,283
14,523
15,370
83,783
9,655
6,871
20,497
6,288
26,010
26,520
9,182
10,438
6,910
9,103
34,156
12,199
5,256
117,970
15,138
18,532
20,126
28,398
7,064
11,655
6,437
38,272
21,541
33,012
9,433
11,919
26,972
7,128
17,540
5,894
4,479
22,234
86,942
21,022
16,886
28,565
10,053
18,679
2043
1930
13,314
6.894
7,055
7,818
22,878
9,703
12,401
25,364
13,047
14,646
77,042
9,133
6.895
21,330
5,952
26,609
29,224
9,345
10,576
6,338
9,903
8,981
34.272
9,421
4,381
105,431
8,894
15.407
20,003
25,613
6,943
10,260
7,015
35.408
19,739
30.622
8,793
11,311
25,127
7,020
17,343
4,146
3,602
23.622
70,278
21,699
18,025
22,306
9,461
18.273
2044
INDEX
County
Echols
Effingham
Elbert
Emanuel
Evans
Fannin
Fayette
Floyd
Forsyth
Franklin
Fulton
Gilmer
GlascoCk
Glynn
Gordon
Grady
Greene
Gwinnett
Habersham
Hall
Hancock
Haralson
Harris
Hart
Heard
Henry
Houston
Irwin
Jackson
Jasper
Jeff Davis
Jefferson
Jenkins
Johnson
Jones
Lamar
Lanier
Laurens
Lee
Liberty
Lincoln
Long
Lowndes
Lumpkin
McDuffie
McIntosh
Macon
Madison
Marion
Meriwether
I
I
I
I
I
I
I
1980
2.297
18,327
18,758
20,795
8,428
14,748
29,043
79,800
27,958
15,185
589,904
11,110
2,382
54,981
30,070
19,845
11,391
166,903
25,020
75,649
9,466
18,422
15,464
18,585
6,520
36,309
77,605
8,988
25,343
7,553
11,473
18,403
8,841
8,660
16,579
12,215
5,654
36,990
11,684
37,583
6,949
4,524
67,972
10,762
18,546
8,046
14,003
17,747
5.297
21,229
1970
1,924
13,632
17,262
18.357
7,290
13.357
11,364
73,742
16,928
12,784
605,210
8,956
2,280
50,528
23,570
17,826
10,212
72,349
20,691
59,405
9,019
15,927
11,520
15,814
5,354
23,724
62,924
8,036
21,093
5,760
9,425
17,174
8,332
7.727
12,270
10,688
5,031
32,738
7,044
17,569
5,895
3,746
55,112
8.728
15,276
7,371
12,933
13,517
5,099
19,461
1960
I, 876
10,144
17,835
17,815
6,952
13,620
8,199
69,130
12.170
13,274
556,326
8,922
2,672
41,954
19.228
18,015
11,193
43,541
18,116
49,739
9,979
14,543
11,167
15.229
5,333
17,619
39,154
9,211
18,499
6,135
8,914
17,468
9,148
8,048
8,468
10,240
5,097
32,313
6,204
14,487
5,906
3,874
49,270
7,241
12,627
6,364
13.170
II, 246
5,477
19,756
1950
2,494
9,133
18,585
19,789
6,653
15,192
7,978
62,899
11,005
14,446
473,572
9,963
3,579
29,046
18,922
18,928
12,843
32,320
16,553
40,113
11,052
14,663
11,265
14,495
6,975
15,857
20,964
11,973
18,997
7,473
9,299
18,855
10,264
9,893
7,538
10,242
5,151
33,123
6,674
8,444
6,462
3,598
35,211
6,574
11,443
6,008
14,213
12,238
6,521
21,055
191,0
2,964
9,646
19,618
23,517
7,401
14,752
8,170
56,141
11,322
15,612
392,886
9,001
4,547
21,920
18,445
19,654
13,709
29,087
14,771
34,822
12,764
14,377
11,428
15,512
8,610
15,119
11,303
12,936
20,089
8,772
8,841
20,040
11,843
12,953
8,331
10,091
5,632
33,606
7,837
8,595
7,042
4,086
31,860
6,223
10,878
5,292
15,947
13,431
6,954
22,055

1930
2.744
10,164
18,485
24,101
7.102
12,969
8,665
48,677
10,624
15,902
318,587
7,344
4,388
19,400
16,846
19,200
12,616
27,853
12,748
30,313
13,070
13,263
11,140
15,174
9.102
15,924
11,280
12,199
21,609
8,594
8,118
20,727
12,908
12,681
8,992
9.745
5,190
32,693
8,32?
8,153
7,847
4,180
29,994
4,927
9,014
5,763
16,643
14,921
6,968
22,437
County
Miller
Milton
Mitchell
Monroe
Montgomery
Morgan
Murray
Muscogee
Newton
Oconee
Oglethorpe
Paulding
Peach
Pickens
Pierce
Pike
Polk
Pulaski
Putnam
Quitman
Rabun
Randolph
Richmond
Rockdale
Schley
Screven
Seminole
Spalding
Stephens
Stewart
Sumter
Talbot
Taliaferro
Tattnall
Taylor
Telfair
Terrell
Thomas
Tift
Toombs
Towns
Treutlen
Troup
Turner
Twiggs
Union
Upson
Walker
Walton
Ware
INDEX
! 1980
7,038
I
! 21,114
| 14,610
I 7,011 .
11,572
19,685
I 170,108
i 34,439
| 12,427
8,929
| 26,042
19,151
11,652
11,897
I
i 8,937
! 32,386
[ 8,950
10,295
I 2,357
10,466
1 9,599
181,629
36,747
3,433
14,043
9,057
47,899
21,763
5,896
29,360
6,534
2,032
18,134
7,902
11,445
12,017
38,098
32,862
: 22,592
5,638
6,087
50,003
9,510
9,354
9,390
25,998
56,470
31,211
37,180
I
1970
6,424
18,956
10,991 |
6,099 j
9,904 |
12,986 |
167,377 |
26,282
7,915 j
7,598 |
17,520 !
15,990 |
9,620
9,281 |
7,316 i
29,656 |
8,066 |
8,394 I
2,180 I
8,327 I
8,734 I
162,437 I
18,152 |
3,097 I
12,591 I
7.059
39,514 |
20,331 i
6.511 I
I
26,931 I
6,625 !
2,423 |
16.557
7,865 I
11.394 I
11,416
34,562 |
27,288 |
19,151
I
4,565 |
5,647 |
44,466 j
8,790 |
8,222 |
i
6,811 |
23,505
50,691 I
23,404 ;
33,525 i
1960
6,908 |
I
19.652 |
10,495 |
6,284 |
10,280 |
10,447 |
158,623
20,999
6,304
7,926
13,101
13,846 j
8,903
9,678
7,138 j
28,015 |
8,204 j
7,798 |
2,432 |
7,456
11,078
135,601 i
10,572 |
3,256 |
14,919 |
6,802 |
35,404
18,391 |
7,371 |
24.652 i
7,127 |
3,370
15.837 |
8,311 1
11,715 |
12,742 |
34,319 |
23,487 |
16.837 j
4,538 I
5,874 1
47,189 |
8,439 |
7,935 i
6,510 j
23,800
45.264
20,481 |
34,219 |
1950 |
9,023 |
22,528 1
10,523
7,901 |
11,899 i
10,676 |
118,028
20,185 |
7,009 j
9,958 |
11,752 j
11,705 j
8,855 |
11,112 |
8,459
30,976 [
8,808
7,731 |
3,015 |
7,424 |
13,804 j
108,876 |
8,464 |
4,036 j
18,000 |
7,904 |
31,045 !
16,647 |
9,194 |
24,208 |
7,687 |
4,515 1
15,939
9,113 |
13,221 j
14,314 |
33,932 |
22,645 |
17,382 t
4,803 |
6,522 |
49,841 I
10,479 |
8,308 |
7,318 |
25,078 I
38,198 |
20,230 |
30,289 |
19i0 |
9,998 1
23,261 |
10,749 |
9,668 1
12,713 |
I. .137 |
75,494 j
18,576 i
7,576 |
12,430 i
12,832 |
10,378 |
9,136 |
II, 800 j
10,375 |
28,467 j
9,829 |
8,514 |
3,435 |
7,821 |
16,609 |
81,863 |
7,724 |
5,033 |
20,353 |
8,492 |
28,427 j
12,972 |
10,603 i
24,502 |
8,141 |
6,278 |
16,243 j
10,768 |
15,145 |
16,675 |
31,289 |
18,599 i
16,952
4,925 |
7.632 |
43,879 I
10,846 |
9,117 |
7,680 |
25,064 !
31.024 |
20,777 |
27,929 1
2045
1930
9,076
6,730
23,620
11,606
10,020
12,488
9,215
57.558
17.290
8,082
12,927
12,327
10,268
9,687
12,522
10,853
25,141
9,005
8,367
3,820
6,331
17,174
72,990
7,247
5,347
20,503
7,389
23,495
11,740
11,114
26,800
8,458
6,172
15,411
10,617
14,997
18.290
32,612
16,068
17,165
4,346
7,488
36,752
11,196
8,372
6,340
19,509
26,206
21,118
26.558
2046
INDEX
County
Warren
Washington
Wayne
Webster
Wheeler
White
Whitfield
Wilcox
Wilkes
Wilkinson
Worth
Total
1980
6,583
18,842
20,750
2,341
5,155
10,120
65,780
7,682
10,951
10,368
18,064
1970
6,669
17,480 !
17,858
2,362 I
4,596 |
I
7,742
55,108 |
6,998 !
10,184
9,393 I
14,770 I
1960 I
7,360
18,903 |
17,921 j
3,247 1
5,342
6,935 |
42,109 |
7,905 |
10,961 |
9,250
16,682 i
1950 |
8,779
21,012
14,248 |
4,081 i
6,712 |
I
5,951 |
34,432 |
10,167 i
12,388 |
9,781 I
19,357 |
I
191,0 |
10,236
24,230
13,122 i
4,726
8,536
I
6,417 |
26,105 I
12,755 |
15,084 i
11,025 |
21,374 |
I
I960
11,181
25,030
12,647
5,032
9,149
6,056
20,808
13,439
15,944
10,844
21,094
5,464,265 4,589,575 ! 3,943,116 | 3,444,578 | 3,123,723 I 2,908,506
POPULATION NUMERICALLY LISTED
ACCORDING TO 1980 CENSUS
County
Taliaferro. . -
Echols......
Webster
Quitman
Glascock
Schley......
Clay........
Baker.......
Long
Dawson......
Wheeler
Marion......
Towns.......
Lanier......
Calhoun
Stewart.....
Treutlen
Atkinson
Heard.......
Talbot......
Warren......
Clinch......
Lincoln ....
Montgomery
Miller......
Charlton
Candler.....
Jasper .....
Wilcox......
Crawford . .
Taylor......
McIntosh . .
Evans ......
Johnson
Brantley
Banks
Jenkins ....
Oglethorpe .
Pike........
Pulaski
Irwin ......
Seminole
Population
... . 2,032
. . . 2,297
. . . 2,341
. . . . 2,357
. . . . 2,382
. . . . 3,433
. . . . 3,553
. . . . 3,808
. 4,524
. 4,774
. . . . 5,155
. . . . 5,297
. . 5,638
. . . . 5,654
. . . . 5,717
. . . . 5,896
6,087
... 6,141
. . 6,520
. . . . 6,534
. . . . 6,583
. . . 6,660
. . . . 6,949
. . . . 7,011
. . . 7,038
. . . . 7,343
. . . 7,518
. . . . 7,553
. 7,682
. . 7,684
. . 7,902
8,046
. . 8,428
. . 8,660
. . . . 8,701
. . . 8,702
. . . . 8,841
. . . 8,929
8,937
. . . 8,950
. . . 8,988
. . . 9,057
County
Twiggs
Bacon .
Union
Hancock .
Turner . .
Randolph
White . .
Bryan . . .
Putnam.
Wilkinson
Rabun...
Lumpkin
Bleckley
Dooly . .
Wilkes . .
Gilmer. .
Greene .
Telfair .
Jeff Davis
Morgan
Pickens.
Lee
Pierce . .
Terrell
Lamar . .
Dade
Oconee
Early .
Camden
Cook
Berrien
Butts .
Macon
Screven .
Monroe .
Fannin
Franklin
Brooks
Harris
Appling
Ben Hill
Jones ...
Population
9,354
. 9,379
9,390
. . . . 9,466
. 9,510
9,599
. . . 10,120
. . . 10,175
. . 10,295
10,368
. . 10,466
10,762
10,767
. . 10,826
. . 10,951
. . 11,110
. . 11,391
11,445
11,473
. . 11,572
. . 11,652
11,684
. . 11,897
12,017
. 12,215
12,318
. 12,427
13,158
. . . . 13,371
13,490
. . . . 13,525
. 13,665
14,003
. 14,043
. . 14,610
. . . 14,748
. 15,185
. . 15,255
15,464
. . . . 15,565
16,000
. . 16,579
INDEX
2047
County
Dodge........
Madison......
Worth........
Tattnall ....
Effingham....
Jefferson....
Haralson.....
McDuffie ....
Hart ........
Elbert.......
Washington
Peach .......
Burke .......
Crisp.......
Murray......
Grady.......
Wayne.......
Emanuel.....
Mitchell....
Meriwether . .
Barrow......
Chattahoochee
Stephens....
Chattooga....
Toombs......
Habersham .
Jackson.....
Decatur.....
Upson.......
Paulding....
Coffee......
Forsyth.....
Fayette.....
Sumter......
Gordon......
Walton......
Polk........
Tift........
Population
16,955
. . 17,747
... 18,064
. . . 18,134
... 18,327
. . . . 18,403
. . . . 18,422
. . . . 18,546
. . . . 18,585
. . . . 18,758
. . . . 18,842
19,151
. . 19,349
. . . . 19,489
19,685
. . . . 19,845
. . . . 20,750
. . . . 20,795
. . . . 21,114
21,229
21,293
. . . . 21,732
21,763
. . . . 21,856
22,592
25,020
25,343
25,495
25,998
. . . . 26,042
. . 26,894
27,958
29,043
29,360
30,070
31,211
32,386
32,862
County
Newton . . .
Baldwin . .
Colquitt . .
Bulloch . . .
Henry
Rockdale .
Laurens . .
Catoosa . . .
Ware......
Liberty . . .
Thomas. . .
Coweta . . .
Columbia .
Bartow . . .
Spalding . .
Troup
Cherokee .
Douglas. . .
Glynn
Carroll
Walker . . .
Whitfield .
Lowndes . .
Clarke
Hall......
Houston . .
Floyd.....
Dougherty
Clayton. ..
Bibb
Gwinnett .
Muscogee .
Richmond.
Chatham .
Cobb......
Dekalb . .
Fulton
Total .
Population
34,439
. . . . 34,686
. 35,376
. . . . 35,785
. . 36,309
. 36,747
36,990
. . 36,991
... 37,180
. . . . 37,583
38,098
. 39,268
. . . . 40,118
... 40,760
. . . . 47,899
. 50,003
51,699
. . . . 54,573
. . . . 54,981
56,346
. . . . 56,470
. . . . 65,780
. . . . 67,972
. .. . 74,498
. . . . 75,649
. . . . 77,605
. . . . 79,800
. 100,978
.... 150,357
... 151,085
166,903
... 170,108
181,629
202,226
297,694
483,024
... 589,904
5,464,265
2048
MEMBERS OF THE GENERAL ASSEMBLY
GEORGIA STATE SENATE
COUNTY
Senatorial
District
County
Senatorial
District
Appling
Atkinson
Bacon
Baker
Baldwin
Banks
Barrow
Bartow
Ben Hill
Berrien
Bibb
Bleckley
Brantley
Brooks
Bryan
Bulloch
Burke
Butts
Calhoun
Camden
Candler
Carroll
Catoosa
Charlton
Chatham
Chattahoochee
Chattooga
Cherokee
Clarke
Clay
Clayton
Clinch
Cobb
Coffee
Colquitt
Columbia
Cook
Coweta
Crawford
Crisp
Dade
Dawson
Decatur
DeKalb
Dodge
Dooly
Dougherty
Douglas
Early
Echols
Effingham
Elbert
Emanuel
Evans
Fannin
Fayette
Floyd________
4,7
7
7
10
25
47
45, 48
31, 52
13
8
26,27
19
6
9, 10
3
4
21
17
11
6
4
30
54
7
1,2,3
11
53
51
46
11
28, 44
7
32,33,56
8,19
9
24
8
28,30
17
13
53
50
10
5, 41-43, 55
19
13
12, 14
30, 31
11
7
3
47
21
4
50
28, 34
52
Forsyth
Frankl in
Fulton
Gilmer
Glascock
Glynn
Gordon
Grady
Greene
Gwinnett
Habersham
Hall
Hancock
Haralson
Harris
Hart
Heard
Henry
Houston
Irwin
Jackson
Jasper
Jeff Davis
Jefferson
Jenkins
Johnson
Jones
Lamar
Lanier
Laurens
Lee
Liberty
Lincoln
Long
Lowndes
Lumpkin
Macon
Madison
Marion
McDuffie
McIntosh
Meriwether
Miller
Mitchell
Monroe
Montgomery
Morgan
Murray
Muscogee
Newton
Oconee
Oglethorpe
Paulding
Peach
Pickens
Pierce
Pike
49, 51
47
34-40, 56
50
21
3,6
51
10
24
48
50
49
25
31
29
47
29
17,28
18
13
46, 49
25
19
21
21
20
25
17
7
20
14
3
24
3, 6
8
50
14, 18
24,47
14
24
3
29
11
9
27
20
25,45
54
15, 16
45
46
24
31, 56
18
51
7
17
MEMBERS OF THE GENERAL ASSEMBLY
2049
GEORGIA STATE SENATE
County
Senatorial
District
County
Senatorial
District
Polk
Pulaski
Putnam
Quitman
Rabun
Randolph
Richmond
Rockdale
Schley
Screven
Seminole
Spalding
Stephens
Stewart
Sumter
Talbot
Taliaferro
Tattnall
Taylor
Telfair
Terrell
Thomas
Tift
Toombs
Towns
Treutlen
Troup
Turner
Twiggs
Union
Upson
Walker
Walton
Ware
Warren
Washington
Wayne
Webster
Wheeler
White
Whitfield
Wilcox
Wilkes
Wilkinson
Worth
2050
MEMBERS OF THE GENERAL ASSEMBLY
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
18Ed 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
56Haskew 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
1J. 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
31Nathan Dean............................P.O. Box 606, Rockmart 30153
7Frank Eldridge, Jr....................P.O. Box 1968, Waycross 31501
21Bill English...........................P.O. Box 521, Swainsboro 30401
34 Bev Engram........... 749 Pinehurst Dr., P.O. Box 431, Fairburn 30213
37Todd Evans.......................P.O. Box 8276; Station F, Atlanta 30306
52 Dan H. Fincher............... 1392 Horseleg Creek Rd., Rome 30161
54W. W. (Bill) Fincher, Jr.........P.O. Drawer 400, Chatsworth 30705
50 John C. Foster.......................P.O. Box 100, Cornelia 30531
30Wayne Garner................Route 9, Chapel Heights, Carrollton 30117
20Hugh 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
12A1 Holloway..............................P.O. Box 588, Albany 31702
17Janice 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
25Culver 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
MEMBERS OF THE GENERAL ASSEMBLY
2051
55Lawrence (Bud) Stumbaugh
53E. G. Summers.........
9Franklin Sutton .......
38Horace E. Tate........
32Joe Thompson..........
11Jimmy Hodge Timmons
10Paul Trulock..........
8Loyce W. Turner .......
41James W. (Jim) Tysinger . .
19Ronnie Walker ........
2Charles Henry Wessels ....
............... 1071 Yemassee
Stone Mountain
........P.O. Box 499, LaFayette
........Route 1, Norman Park
.....621 Lilia Dr. S.W., Atlanta
........ P.O. Box 1045, Smyrna
. . . . 132 S. Woodlawn St., Blakely
..........P.O. Box 68, Climax
........ P.O. Box 157, Valdosta
3781 Watkins Place N.E., Atlanta
..........P.O. Box 461, McRae
........P.O. Box 187, Savannah
Trail,
30083
30728
31771
30310
30080
31723
31734
31601
30319
31055
31402
2052
MEMBERS OF THE GENERAL ASSEMBLY
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 A1 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 Lilia 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
MEMBERS OF THE GENERAL ASSEMBLY
2053
46 Paul Collins Broun.................. 165 Pulaski St., Athens
47 M. Parks Brown......................P.O. Box 37, Hartwell
48 Steve Reynolds................... 297 Craig Drive, Lawrenceville
49 J. Nathan Deal.........................P.O. Box 2522, Gainesville
50 John C. Foster......................P.O. Box 100, Cornelia
51 Max Brannon............................P.O. Box 1027, Calhoun
52 Dan H. Fincher................ 1392 Horseleg Creek Rd., Rome
53 E. G. Summers.......................P.O. Box 499, LaFayette
54 W. W. (Bill) Fincher, Jr......P.O. Drawer 400, Chatsworth
55 Lawrence (Bud) Stumbaugh .................... 1071 Yemassee
Stone Mountain
56 Haskew H. Brantley, Jr..............P.O. Box 605, Alpharetta,
30601
30643
30245
30503
30531
30701
30161
30728
30705
Trail,
30083
30201
2054
MEMBERS OF THE GENERAL ASSEMBLY
GEORGIA HOUSE OF REPRESENTATIVES
County
House
District
County
House
District
Appling
Atkinson
Bacon
Baker
Baldwin
Banks
Barrow
Bartow
Ben Hill
Berrien
Bibb
Bleckley
Brantley
Brooks
Bryan
Bulloch
Burke
Butts
Calhoun
Camden
Candler
Carroll
Catoosa
Charlton
Chatham
Chattahoochee
Chattooga
Cherokee
Clarke
Clay
Clayton
Clinch
Cobb
Coffee
Colquitt
Columbia
Cook
Coweta
Crawford
Crisp
Dade
Dawson
Decatur
DeKalb
Dodge
Dooly
Dougherty
Douglas
Early
Echols
Effingham
Elbert
Emanuel
Evans
Fannin
Fayette
Floyd_________
138
150
152
131
108,109
10, 12
12, 61, 64
7,8
137
146
99-104
117
138, 152
147
107
81, 82
82, 83
78
130,131,140
152
107
66
2, 3
151
122-129
110, 111
5
8
62,63,64
130
72
150
19, 20,21
137,152
144,145
77
146
67, 68, 71
98
135,136
1, 5
8
141
44-58
118
135
131-134
65,66
140
147
129
13
106,107
107
4
71, 72
14, 15, 16
Forsyth
Franklin
Fulton
Gilmer
Glascock
Glynn
Gordon
Grady
Greene
Gwinnett
Habersham
Hall
Hancock
Haralson
Harris
Hart
Heard
Henry
Houston
Irwin
Jackson
Jasper
Jeff Davis
Jefferson
Jenkins
Johnson
Jones
Lamar
Lanier
Laurens
Lee
Liberty
Lincoln
Long
Lowndes
Lumpkin
Macon
Madison
Marion
McDuffie
McIntosh
Meriwether
Miller
Mitchell
Monroe
Montgomery
Morgan
Murray
Muscogee
Newton
Oconee
Oglethorpe
Paulding
Peach
Pickens
Pierce
Pike
9
13
22-43
4
105
153,154
7
141, 142
13, 112
59, 60, 61
11
9
112
18
91
13
66, 68
73
113,114,115
137
12
80, 112
138
83, 84
106
105,106
80
78
149
118,119
133
139
76
121, 139
147,148,149
4
98, 115
13
110
77,84
139
70
140
144
80
120
75, 112
3
91-97
74
13,64
13
18,19,21
98,113
8
138, 152
78,79
MEMBERS OF THE GENERAL ASSEMBLY
2055
GEORGIA HOUSE OF REPRESENTATIVES
County
House
District
County
House
District
Polk
Pulaski
Putnam
Quitman
Rabun
Randolph
Richmond
Rockdale
Schley
Screven
Seminole
Spalding
Sthepens
Stewart
Sumter
Talbot
Taliaferro
Tattnall
Taylor
Telfair
Terrell
Thomas
Tift
16,17
117
109
111
4
130
84-90
57
115
81,82
140, 141
71
10
111
111, 116
70
76
107, 121
110
118, 138
130
142,143
146
Toombs
Towns
Treutlen
Troup
Turner
Twiggs
Union
Upson
Walker
Walton
Ware
Warren
Washington
Wayne
Webster
Wheeler
White
Whitfield
Wilcox
Wilkes
Wilkinson
Worth
120, 121
4
120
68, 69
136, 137
103
4
79
1,5,6
75
150, 151
76
105
138
111
120
4, 11
3, 6
117
76
108
136
2056
MEMBERS OF THE GENERAL ASSEMBLY
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.............
36...........G. D. Adams.............
14...........John Adams.............
79...........Marvin Adams............
21-Post 1....Fred Aiken..............
8-Post 2..W. G. (Bill) Hasty, Sr.
63...........Bob Argo................
154..........Dean A. Auten...........
140..........Ralph J. Balkcom........
83 Emory E. Bargeron.......
108 Wilbur E. Baugh ........
28 Alveda King Beal........
148..........James M. Beck...........
72-Post 2 Jimmy Benefield.........
38 Lorenzo Benn............
103 Kenneth Wilson Birdsong
94 Sanford D. Bishop, Jr.
30 Paul Bolster............
137 Paul S. Branch, Jr. ....
70 Claude A. Bray, Jr......
34 Tyrone Brooks ..........
95 Thomas B. Buck, III
3920 Johns Hopkins Ct.
Decatur 30034
532 St. Johns Ave.
Atlanta 30315
7 East Creekview Dr.
Rome 30161
709 Greenwood Rd.
Thomaston 30286
4020 Pineview Dr., S.E.
Smyrna 30080
Route 8, Hilton Dr.
Canton 30114
P.O. Box 509
Athens 30603
628 King Cotton Row
Brunswick 31520
Route 1
Blakely 31723
P.O. Box 447
Louisville 30434
P.O. Box 926
Milledgeville 31061
75 Piedmont Ave.,
Suite 236
Atlanta 30303
2427 Westwood Dr.
Valdosta 31601
6656 Morning Dove Place
Jonesboro 30236
.579 Fielding Lane, S.W.
Atlanta 30311
Route 1
Gordon 31031
P.O. Box 709
Columbus 31902
. 1043 Ormewood Ave. S.E.
Atlanta 30316
Route 4, Box 499-A
Fitzgerald 31750
.617 Mayes Way
Manchester 31816
Station A
P.O. Box 11025
Atlanta 30310
P.O. Box 196
Columbus 31902
MEMBERS OF THE GENERAL ASSEMBLY
2057
21-Post 2 A. L. (Al) Burruss............
47............Joe Burton....................
138-Post 2....Roger C. Byrd.................
96............Gary C. Cason.................
Ill...........Don Castleberry...........
73............G. Richard Chamberlin.........
131...........Tommy Chambliss...............
129...........George A. Chance, Jr..........
89............Donald E. (Don) Cheeks........
15 E. M. (Buddy) Childers........
51............Mrs. Mobley (Peggy) Childs . . .
55............Betty J. Clark............
13-Post 1.....Louie Max Clark ..............
23............Luther S. Colbert.........
118 Terry L. Coleman..........
144...........Marcus E. Collins, Sr.........
4-Post 1...Carlton H. Colwell............
87............Jack Connell..............
43-Post 1.....Barbara H. Couch..........
141...........Walter E. Cox.............
5..........John G. Crawford..........
150...........Tom Crosby, Jr............
98............Bryant Culpepper..........
17 Bill Cummings ................
19-Post 3 George W. (Buddy) Darden
33............J. C. (Julius C.) Daugherty, Sr.
. P.O. Box 6338-A
Marietta 30065
. . . 2598 Woodwardia Rd.
N.E., Atlanta 30345
. . . 302 N. Rogers St.
Hazlehurst 31539
.3128 College Dr.
Columbus 31907
P.O. Box 377
Richland 31825
P.O. Box 378
Stockbridge 30281
. . P.O. Box 2008
Albany 31702
P.O. Box 373
Springfield 31329
. . .714 Westminster Court
Augusta 30909
. . . 15 Kirkwood St.
Rome 30161
. . . 520 Westchester Dr.
Decatur 30030
. P.O. Box 17852
Atlanta 30316
RFD 2
Danielsville 30633
. . .495 Houze Way
Roswell 30076
P.O. Box 157
Eastman 31023
Route 1
Pelham 31779
P.O. Box 850
Blairsville 30512
P.O. Box 308
Augusta 30903
2864 W. Roxboro Rd.,
N.E., Atlanta 30324
... 202 West St.
Bainbridge 31717
Route 1, Box 518
Lyerly 30730
. . .705 Wacona Dr.
Waycross 31501
P.O. Box 490
Fort Valley 31030
. Route 1, 508 Morgan
Valley Rd.
Rockmart 30153
P.O. Box 997
Marietta 30061
. . 202 Daugherty Building
15 Chestnut St., S.W.
Atlanta 30314
2056
MEMBERS OF THE GENERAL ASSEMBLY
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.............
36 G. D. Adams.............
14...........John Adams..............
79...........Marvin Adams............
21-Post 1....Fred Aiken..............
8-Post 2...W. G. (Bill) Hasty, Sr. . .
63...........Bob Argo................
154 Dean A. Auten ..........
140 Ralph J. Balkcom........
83...........Emory E. Bargeron.......
108 Wilbur E. Baugh ........
28 Alveda King Beal........
148..........James M. Beck...........
72-Post 2....Jimmy Benefield.........
38 Lorenzo Benn............
103 Kenneth Wilson Birdsong
94 Sanford D. Bishop, Jr.
30 Paul Bolster
137..........Paul S. Branch, Jr......
70 Claude A. Bray, Jr......
34 Tyrone Brooks ..........
95 Thomas B. Buck, III.....
. 3920 Johns Hopkins Ct.
Decatur 30034
.532 St. Johns Ave.
Atlanta 30315
. 7 East Creekview Dr.
Rome 30161
. 709 Greenwood Rd.
Thomaston 30286
.4020 Pineview Dr., S.E.
Smyrna 30080
Route 8, Hilton Dr.
Canton 30114
. P.O. Box 509
Athens 30603
.628 King Cotton Row
Brunswick 31520
Route 1
Blakely 31723
P.O. Box 447
Louisville 30434
P.O. Box 926
Milledgeville 31061
75 Piedmont Ave.,
Suite 236
Atlanta 30303
2427 Westwood Dr.
Valdosta 31601
6656 Morning Dove Place
Jonesboro 30236
579 Fielding Lane, S.W.
Atlanta 30311
Route 1
Gordon 31031
P.O. Box 709
Columbus 31902
1043 Ormewood Ave. S.E.
Atlanta 30316
Route 4, Box 499-A
Fitzgerald 31750
617 Mayes Way
Manchester 31816
Station A
P.O. Box 11025
Atlanta 30310
P.O. Box 196
Columbus 31902
MEMBERS OF THE GENERAL ASSEMBLY
2057
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.
Way cross 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
2058
MEMBERS OF THE GENERAL ASSEMBLY
99 Burl Davis................
45...........J. Max Davis..............
124..........Lamar W. Davis, Jr........
29 Douglas C. Dean...........
85 R. A. Dent................
151..........Harry Dixon ..............
74 Denny M. Dobbs............
11 Bill Dover................
110 Ward Edwards .............
49...........Ewell H. (Hank) Elliott
84...........Warren D. Evans...........
22 Mrs. Dorothy Felton.......
71-Post 1 James R. (Jim) Fortune, Jr.
6-Post 2..R. L. (Shorty) Foster.....
27...........Cynthia Fuller...........
16 Ken Fuller................
97 Mary Jane Galer..........
122 Ronald E. (Ron) Ginsberg
32 Mildred Glover............
82 John F. Godbee ...........
43-Post 3 John W. Greer ............
80 Benson Ham...............
31 Mrs. Grace T. Hamilton
130 Bob Hanner...............
8-Post 1 Joe Frank Harris
740 Mulberry St.
Macon 31201
1177 W. Nancy Creek
Dr., N.E.
Atlanta 30319
P.O. Box 1567
Savannah 31402
356 Arthur St. S.W.
Atlanta 30310
1120 Pine St.
Augusta 30901
1303 Coral Rd.
Waycross 31501
125 Hardwick Dr.-Almon
Covington 30209
Timbrook
Hollywood 30523
P.O. Box 146
Butler 31006
411 Decatur Federal
Bldg.
Decatur 30030
P.O. Box 539
Thomson 30824
465 Tanacrest Dr. N.W.
Sandy Springs 30328
683 Brook Circle
Griffin 30223
4899 Tibbs Bridge Rd.,
S.E., Dalton 30720
.742 Myrtle St., N.E., #9
Atlanta 30308
.5 Lenox Circle
Rome 30161
.7236 Lullwater Rd.
Columbus 31904
P.O. Box 10105
14 E. State St.
Savannah 31412
.735 Lawton St. S.W.
Atlanta 30310
.401 Lane St.
Brooklet 30415
.802 Healey Building
Atlanta 30303
.20 E. Main St.
Forsyth 31029
.582 University Place
N.W., Atlanta 30314
Route 1
Parrott 31777
.712 West Ave.
Cartersville 30120
MEMBERS OF THE GENERAL ASSEMBLY
2059
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
1-Post 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 Rene 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
2060
MEMBERS OF THE GENERAL ASSEMBLY
72-Post 1
62.......
142.......
105 ......
43-Post 2
102.......
56-Post 1
13-Post 3
26.......
60.......
145.......
134.......
12......
35.......
107.......
13-Post 2
138-Post 1
152-Post 1
71-Post 2
69.......
18......
88.......
20-Post 3
121
86.......
109
149......
Wm. J. (Bill) Lee...............5325 Hillside Dr.
Forest Park 30050
Hugh Logan......................1328 Prince Ave.
Athens 30601
Bobby Long......................6th St., N.W.
Cairo 31728
Jimmy Lord......................P.O. Box 254
Sandersville 31082
Bettye Lowe ....................591 W. Paces Ferry Rd.
N.W., Atlanta 30305
David E. Lucas..................448 Woolfolk St.
Macon 31201
Wm. C. (Bill) Mangum, Jr........4320 Pleasant Forest Dr.
Decatur 30034
Charles C. Mann ................238 Elbert St.
Elberton 30635
Sidney J. Marcus................845 Canterbury Rd., N.E.
Atlanta 30324
Charles Martin..................470 Hill St.
Buford 30518
Hugh D. Matthews ...............Route 1, Box 913
Moultrie 31768
T. Hayward (Mac) McCollum.......5608 Spring Flats Rd.
Albany 31705
Lauren (Bubba) McDonald, Jr.....Route 2, Box 408-A
Commerce 30529
J. E. (Billy) McKinney..........765 Shorter Terrace
N.W., Atlanta 30318
John David Miles................P.O. Box 345
Metter 30439
Billy Milford...................Route 3
Hartwell 30643
Lundsford Moody.................P.O. Box 32
Baxley 31513
James C. Moore..................Route 2
West Green 31567
John L. Mostiler................150 Meadovista Dr.
Griffin 30223
Edwin G. (Ed) Mullinax P.O. Drawer 1649
LaGrange 30241
Thomas B. Murphy................P.O. Box 163
Bremen 30110
Sam Nicholson...................1762 Davidson Dr.
Augusta 30904
Ken Nix.........................3878 Manson Ave.
Smyrna 30080
Clinton Oliver P.O. Box 237
Glennville 30427
Mike Padgett....................Route 1, Box 5
Augusta 30906
Bobby E. Parham P.O. Box 606
Milledgeville 31061
Robert L. (Bob) Patten .........Route 1, Box 180
Lakeland 31635
MEMBERS OF THE GENERAL ASSEMBLY
2061
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
37
67
143
136
Albert (Al) Scott
David Scott
J. Neal Shepard, Jr.
R. Allen Sherrod
Earleen Sizemore
738 E. Victory Dr.
P.O. Box 1704
Savannah 31402
190 Wendell Dr. S.E.
Atlanta 30315
21 Fifth St.
Newnan 30263
Route 1
Coolidge 31738
Route 3
Sylvester 31791
2062
MEMBERS OF THE GENERAL ASSEMBLY
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
MEMBERS OF THE GENERAL ASSEMBLY
2063
9-Post 1 Joe T. Wood........................P.O. Box 1417
Gainesville 30503
56-Post 3....Ken Workman........................3383 Hyland Dr.
Decatur 30032
2064
MEMBERS OF THE GENERAL ASSEMBLY
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
MEMBERS OF THE GENERAL ASSEMBLY
2065
15 ........E. M. (Buddy) Childers.......
16 ........Ken Fuller...................
17 ........Bill Cummings ...............
18 ........Thomas B. Murphy.............
19-Post 1....Joe Mack Wilson
19-Post 2....Steve Thompson..............
19- Post 3..George W. (Buddy) Darden
20- Post 1..Johnny Isakson...............
20-Post 2....Carl Harrison ...............
20- Post 3..Ken Nix...................
21- Post 1..Fred Aiken.................
21-Post 2....A. L. (Al) Burruss...........
22 ........Mrs. Dorothy Felton..........
23 ........Luther S. Colbert
24 ........Kiliaen V. R. (Kil) Townsend
25 ........John Savage..................
26 Sidney J. Marcus
27 ........Cynthia Fuller...............
28 ........Alveda King Beal............
29 ........Douglas C. Dean
30 ........Paul Bolster...............
31 ........Mrs. Grace T. Hamilton
32 ........Mildred Glover...............
33 ........J. C. (Julius C.) Daugherty, Sr.
34 ........Tyrone Brooks ...............
. 15 Kirkwood St.
Rome 30161
.5 Lenox Circle
Rome 30161
Route 1, 508 Morgan
Valley Rd.
Rockmart 30153
P.O. Box 163
Bremen 30110
.77 Church St.
Marietta 30060
.4265 Bradley Dr.
Austell 30001
P.O. Box 997
Marietta 30061
.5074 Hampton Farms Dr.
Marietta 30067
P.O. Box 1374
Marietta 30061
.3878 Manson Ave.
Smyrna 30080
4020 Pineview Dr., S.E.
Smyrna 30080
P.O. Box 6338-A
Marietta 30065
.465 Tanacrest Dr. N.W.
Sandy Springs 30328
.495 Houze Way
Roswell 30076
. 1701 Northside Dr. N.W.
Atlanta 30318
.69 Inman Circle N.E.
Atlanta 30309
.845 Canterbury Rd., N.E.
Atlanta 30324
742 Myrtle St., N.E., #9
Atlanta 30308
.75 Piedmont Ave.,
Suite 236
Atlanta 30303
. 356 Arthur St. S.W.
Atlanta 30310
. 1043 Ormewood Ave. S.E.
Atlanta 30316
.582 University Place
N.W., Atlanta 30314
.735 Lawton St. S.W.
Atlanta 30310
.202 Daugherty Building
15 Chestnut St., S.W.
Atlanta 30314
Station A
P.O. Box 11025
Atlanta 30310
2066
MEMBERS OF THE GENERAL ASSEMBLY
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
MEMBERS OF THE GENERAL ASSEMBLY
2067
57 Clarence R. Vaughn, Jr....
58 Cas M. Robinson...........
59 R. T. (Tom) Phillips......
60 .........Charles Martin............
61 Vinson Wall...............
62 Hugh Logan................
63 .........Bob Argo..................
64 .........John Russell..............
65 .........Thomas (Mac) Kilgore ....
66-Post 1 Gerald Johnson............
66-Post 2.....Charles Thomas............
67 .........J. Neal Shepard, Jr.......
68 .........J. Crawford Ware........
69 Edwin G. (Ed) Mullinax. . .
70 .........Claude A. Bray, Jr........
71-Post 1 James R. (Jim) Fortune, Jr.
71- Post 2..John L. Mostiler..........
72- Post 1 Wm. J. (Bill) Lee.........
72-Post 2.....Jimmy Benefield...........
72-Post 3.....Jim Wood..................
72-Post 4 Rudolph Johnson
73 G. Richard Chamberlin
74 Denny M. Dobbs
75 Neal Jackson..............
76 Ben Barron Ross
77 Wm. S. (Bill) Jackson
P.O. Box 410
Conyers 30207
4720 Fellswood Dr.
Stone Mountain 30083
1703 Pounds Rd.
(Mountain Park,
Gwinnett Co.)
Stone Mountain 30087
.470 Hill St.
Buford 30518
. 164 E. Oak St.
Lawrenceville 30256
. 1328 Prince Ave.
Athens 30601
P.O. Box 509
Athens 30603
P.O. Box 588
Winder 30680
. 1992 Tara Circle
Douglasville 30135
P.O. Box 815
Carrollton 30117
P.O. Box 686
Temple 30179
. 21 Fifth St.
Newnan 30263
P.O. Box 305
Hogansville 30230
P.O. Drawer 1649
LaGrange 30241
.617 Mayes Way
Manchester 31816
.683 Brook Circle
Griffin 30223
. 150 Meadovista Dr.
Griffin 30223
.5325 Hillside Dr.
Forest Park 30050
.6656 Morning Dove Place
Jonesboro 30236
.5676 Sequoia Dr.
Forest Park 30050
.5888 Jonesboro Rd.
Morrow 30260
P.O. Box 378
Stockbridge 30281
125 Hardwick Dr.-Almon
Covington 30209
.316 N. Broad St.
Monroe 30655
P.O. Box 245
Lincolnton 30817
3907 Washington Rd.
Martinez 30907
2068
78 .
79 .
80 .
81
82 .
83 .
84 .
85 .
86 .
87 .
88 .
89 .
90 .
91
92 .
93
94 .
95 .
96 .
97
98
99 .
100 .
101
102
103
104 .
MEMBERS OF THE GENERAL ASSEMBLY
William Bailey Jones
Marvin Adams
Benson Ham
Bob Lane
John F. Godbee
Emory E. Bargeron
Warren D. Evans
R. A. Dent
Mike Padgett
Jack Connell
Sam Nicholson
Donald E. (Don) Cheeks
David Swann...........
P.O. Box 3933
Jackson 30233
709 Greenwood Rd.
Thomaston 30286
20 E. Main St.
Forsyth 31029
105 Wilton Dr.
Statesboro 30458
401 Lane St.
Brooklet 30415
P.O. Box 447
Louisville 30434
P.O. Box 539
Thomson 30824
1120 Pine St.
Augusta 30901
Route 1, Box 5
Augusta 30906
P.O. Box 308
Augusta 30903
1762 Davidson Dr.
Augusta 30904
714 Westminster Court
Augusta 30909
804 Camellia Rd.
Augusta 30909
W. Randolph (Randy) Phillips Route 1
Shiloh 31826
Calvin Smyre..................P.O. Box 181
Columbus 31902
Charles P. Rose ..............3821 Commander Dr.
Columbus 31903
Sanford D. Bishop, Jr.........P.O. Box 709
Columbus 31902
Thomas B. Buck, III...........P.O. Box 196
Columbus 31902
Gary C. Cason.................3128 College Dr.
Columbus 31907
Mary Jane Galer...............7236 Lullwater Rd.
Columbus 31904
Bryant Culpepper..............P.O. Box 490
Fort Valley 31030
Burl Davis....................740 Mulberry St.
Macon 31201
Frank C. Pinkston.............773 Mulberry St.
Macon 31201
William C. (Billy) Randall P.O. Box 121
Macon 31202
David E. Lucas................448 Woolfolk St.
Macon 31201
Kenneth Wilson Birdsong Route 1
Gordon 31031
. Frank Home..................612 Georgia Power Bldg.
Macon 31201
MEMBERS OF THE GENERAL ASSEMBLY
2069
105 ........Jimmy Lord................
106 Randolph C. (Randy) Karrh
107 ........John David Miles..........
108 Wilbur E. Baugh ..........
109 Bobby E. Parham...........
110 Ward Edwards .............
111 ........Don Castleberry........
112 E. Roy Lambert............
113 Ted W. Waddle
114 Roy H. (Sonny) Watson, Jr.
115 ........Larry Walker..............
116 George Hooks..............
117 Ben Jessup................
118 Terry L. Coleman
119 J. Roy Rowland ...........
120 L. L. (Pete) Phillips
121 Clinton Oliver............
122 Ronald E. (Ron) Ginsberg
123 ........Albert (Al) Scott ........
124 Lamar W. Davis, Jr........
125 Bobby Phillips
126 Herbert Jones, Jr.........
127 Bobby L. Hill.............
128 Tom Triplett..............
129 George A. Chance, Jr......
130 Bob Hanner
P.O. Box 254
Sandersville 31082
P.O. Drawer K
Swainsboro 30401
P.O. Box 345
Metter 30439
P.O. Box 926
Milledgeville 31061
P.O. Box 606
Milledgeville 31061
P.O. Box 146
Butler 31006
P.O. Box 377
Richland 31825
.543 North Main St.
Madison 30650
.113 Tanglewood Dr.
Warner Robins 31093
P.O. Box 1905
Warner Robins 31099
P.O. Box 1234
Perry 31069
P.O. Box 928
Americus 31709
P.O. Box 468
Cochran 31014
P.O. Box 157
Eastman 31023
. 103 Woodridge Rd.
Dublin 31021
Box 166
Soperton 30457
P.O. Box 237
Glennville 30427
P.O. Box 10105
14 E. State St.
Savannah 31412
. 738 E. Victory Dr.
P.O. Box 1704
Savannah 31402
P.O. Box 1567
Savannah 31402
.9219 Melody Dr.
Savannah 31406
.413 Arlington Rd.
Savannah 31406
. 923 West 37th St.
Savannah 31401
. P.O. Box 9586
Savannah 31402
P.O. Box 373
Springfield 31329
Route 1
Parrott 31777
2070
MEMBERS OF THE GENERAL ASSEMBLY
131 Tommy Chambliss.............
132 John White..............
133 R. S. (Dick) Hutchinson....
134 T. Hayward (Mac) McCollum
135 Howard H. Rainey............
136 Earleen Sizemore............
137 Paul S. Branch, Jr..........
138-Post 1 Lundsford Moody.............
138-Post 2....Roger C. Byrd...............
139 Rene D. Kemp................
140 Ralph J. Balkcom............
141 .........Walter E. Cox..............
142 ........Bobby Long..............
143 R. Allen Sherrod ...........
144 ........Marcus E. Collins, Sr.......
145 Hugh D. Matthews ...........
146-Post 1 Edmond Lewis Perry..........
146-Post 2......Monty Veazey..............
147 Henry L. Reaves.............
148 ........James M. Beck...............
149 Robert L. (Bob) Patten
150 ........Tom Crosby, Jr..............
151 Harry Dixon .............
152-Post 1 James C. Moore.................
152-Post 2 Tommy Smith..............
153 James R. (Jim) Tuten, Jr....
P.O. Box 2008
Albany 31702
P.O. Box 3506
Albany 31706
.915 Sixth Ave.
Albany 31701
.5608 Spring Flats Rd.
Albany 31705
.913 Third Ave. E.
Cordele 31015
Route 3
Sylvester 31791
Route 4, Box 499-A
Fitzgerald 31750
P.O. Box 32
Baxley 31513
.302 N. Rogers St.
Hazlehurst 31539
P.O. Box 497
Hinesville 31313
Route 1
Blakely 31723
.202 West St.
Bainbridge 31717
6th St., N.W.
Cairo 31728
Route 1
Coolidge 31738
Route 1
Pelham 31779
Route 1, Box 913
Moultrie 31768
Route 2
Adel Rd.
Nashville 31639
P.O. Box 1572
Tifton 31794
Route 2
Quitman 31643
.2427 Westwood Dr.
Valdosta 31601
Route 1, Box 180
Lakeland 31635
705 Wacona Dr.
Way cross 31501
1303 Coral Rd.
Waycross 31501
Route 2
West Green 31567
Route 1
Alma 31510
528 Newcastle St.
Brunswick 31520
MEMBERS OF THE GENERAL ASSEMBLY
2071
154
Dean A. Auten
628 King Cotton Row
Brunswick 31520
2072
RESULTS OF REFERENDUM ELECTIONS
STATUS OF REFERENDUM
ELECTIONS FOR THE YEARS
1953 THROUGH 1980
Election
Referendums Results Not Final
Georgia Laws Proposed
1953 (Jan./Feb.) _________ 14
1953 (Nov./Dec.) _________ 21
1955 ____________ 17
1966 ..................... 39
1957 ____________________ 24
1958 . 45
1959 _____________________ 34
1960 47
1961 . __________________ 27
1962 ____________________ 38
1963 ...... -- 39
1964 ________________ 35
1964 Ex. Sess......... 9
1965 23
1966 --.... 25
1967 .. 39
1968 ................ 48
1969 48
1970 - ....... 44
1971 43
1971 Ex. Sess. ........... 3
1972 64
1973 21
1974 .................... 25
1975 ___________________ 33
1975 Ex. Sess. ... . 1
1976 ................- 26
1977 .................... 13
1978 ____________________ 25
1979 5
1980 .....-...... 22
TOTALS .............. 897
Not Knoivn Held Result
1 2 11
5 .... 16
1 1 15
4 1 34
1 23
2 2 41
1 33
7 1 39
1 26
1 2 35
1 5 33
2 3 30
117
3 20
2 23
2 37
3 1 44
3 3 42
4 1 39
5 38
3
1 1 62
1 2 18
1 1 23
1 1 31
1
2 24
13
1 24
5
4 18
42 47 808
RESULTS OF REFERENDUM ELECTIONS
2073
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Gtorgi Lawn 1958, Noyember-December session:
2074
RESULTS OF REFERENDUM ELECTIONS
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Georgia Laws 1953, November-December session:
RESULTS OF REFERENDUM ELECTIONS
2075
a
a
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1 5 5 5 PojOVNH J, E I rH to
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Georgia Laws, 1S5S:
2076
RESULTS OF REFERENDUM ELECTIONS
*2
aE
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Georgia Laws, 195#:
RESULTS OF REFERENDUM ELECTIONS
2077
S3
oh
H
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ca
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Georgia Laws, 1956:
2078
RESULTS OF REFERENDUM ELECTIONS
Qfa
O^OCOHMONt-OOt-COT
N^ooTi'oaiMaiiNoo
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04 lO 00 04 fa" lO CO r
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Georgia Laws, 1956:
RESULTS OF REFERENDUM ELECTIONS
2079
OJ 05 l>
I ^ I
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I I
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03 V <M
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Georgia Laws, 1957:
RESULTS OF REFERENDUM ELECTIONS
2081
lOCOt- lOO I CMCM4}Gi;C4> CM
| | | | I | > S'O I I
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Georgia Laws, 1957:
2082
RESULTS OF REFERENDUM ELECTIONS
iO<OC4t-OTf,-iO5Oi00
i-HCOlOr-llOC'-t>CgT}<TH
H N lO M H H
1 1111 I M 1!
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2283
Georgia Laws, 1958:
RESULTS OF REFERENDUM ELECTIONS
2083
51
Q
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fa sifa
III
COCOt- 3 F 3 C(MOOOOOO(MOOOCOOO C C C
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Georgia Laws, 1958:
2084
RESULTS OF REFERENDUM ELECTIONS
OJiO 'f lO O 0) 't 00
lO i-H ^
> I - I > I v I 2 I - I
^HC-OiCO .C^*C ^ C G ..G G
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to oj . - rr o rr.t: zt
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Georgia Laws, 1958:
RESULTS OF REFERENDUM ELECTIONS
2085
M C
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73
bfi o

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fljfsJoSissi 10
I I ><! < 0^7 II I I, I I
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Polk ....... 2468 I Town of Van Wert..................... 9-10-58
2086 RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1959:
RESULTS OF REFERENDUM ELECTIONS 2087
05NCOOONN05'j'OOOOlOOMOl'OONr
HCOCOCONOHCO r
t- H rf lO ia
w 05 rj 10 o h w t-co o
Tf ,-H ,-H ITJ 00 lO r-H r-H t-H
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QW
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I i I i I i I U I I I I i I I II II I I II I I I I I I
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C3 05 <Ji Oi
00 00 00 00
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Georgia Laws, 1959:
2088
RESULTS OF REFERENDUM ELECTIONS

fc <!
OlTj'tCHCO'fOOONNiflNHNiO CT> O CO 1
OMTfOHNOtOOO'JOOlOt' O CO CO CO 0) F '
lOOO^ONONNH i-H lO h -iSoC
.................... INI*-
feSs&gl
uj uu 'r w vi u w w n *i ira
I I M M I I I II I I I I
CtjCt^CtjCijCf.CL* C (, c
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County Page SUBJECT Date-of Result
No. Election
Polk ...... 2732 I Certain County Officerscompensation.I 3-16-60 I For4388
RESULTS OF REFERENDUM ELECTIONS
2089
COO O 05
NHN HN
X> to 00 00 to
C U C
60 0 to
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Georgia Laws, 1960:
2090
RESULTS OF REFERENDUM ELECTIONS
CO 3 ^ t> O
SI
aw
OJ t-
co o .. to co
|I7 717
i icOOOWOHirtHCONW X > X 05 <
F F os co NHONwM > = Fife i
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Ft-o 2J X > itOOOOOHiflHCOwW J. > X 05
t> 00 F F 05 CO N H O N O) CO ^ F tv to
OOOO^ 00 00 oo 00 t>C * &J>
C <C <M .. Tf
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05. c2. e. e . e.'.e -
= I 11L-5 - M I i M II | I o -*w - I
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.2 05
60
i ~
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be o
cd *z
c
3
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8
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Q Q

W
O U
RESULTS OF REFERENDUM ELECTIONS
2091
Georgia Laws, 1960:
2092
RESULTS OF REFERENDUM ELECTIONS
W
X
J332i!l2^nH0105rHTJ'HOOOU5t-lO^C"?NO
0 O t- A HHNfl'NOOSt-HHffifCOJONt'NOO
1 iNii 1 m iTiTTTi m mIm i
fc, < fc < * < fe <i (i, < < &n < fc, < (k, <J fe < fc, <; (k, <;
l|
qh
50 CO CO CO CO CO
CO CO CO CO
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V- *- C C C 0> -S .2 .2
an *3 C 'S 'S !t3
3 *S 0^335 * is i
Georgia Laws, 1961:
RESULTS OF REFERENDUM ELECTIONS
2093
O S> O >

C*tH
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o U
-2...
..<33 | | I
9* ia.s
O iO .S f~> ~7 o
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CO
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5

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+->
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a.

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a t
o. (0
C OQ
2094
RESULTS OF REFERENDUM ELECTIONS
S'
I
1 G
% Sr
> ..3<
11
X i^lOOCO'l'NOOOCOOeOOO^OOUJ
^ r.iOHOtOHNtOlNCOOJTl'^COiCiCO't
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^ ^ I M II II II I I I I I II
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2
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Georgia Lawa, 1961:
RESULTS OF REFERENDUM ELECTIONS
2095
OS CM tH * r-t Tf
NHIO CO IQ
II l 12 M
^ *" , h 5,
o M O M 0) O C
<J C/3 fc
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<J < < < <J <
M h t ^4 h l.
o o o o o o
ft,
11
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_( t-H Ol CO lO
'0T3T30'0
Georgia Laws, 1962;
2096
RESULTS OF REFERENDUM ELECTIONS
-3 W
QW
WOSO'l'COHOOHNt-^H'^OinWO^'HMHOWHWNt-OOOt*
lOHHHTf MNCOMMHCO to 00 lO CO WNNCOWNN
tO IG <M CO <M O t-l LQ rf Tf t-to
totototototototototo
to W to OJ
H
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3
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3
fa
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Henry.......| 2403 Town of Locust Grove................... 4-25-62
Georgia Laws, 1962:
RESULTS OF REFERENDUM ELECTIONS 2097
Georgia Laws, 1962:
RESULTS OF REFERENDUM ELECTIONS
2098
Georgia Laws, 1963:
RESULTS OF REFERENDUM ELECTIONS
2099
H
O
w
"s
tt
p
CO
CONOHOlOO!OONWHrfNlOOC5(DOOJ
00 ^ rr rr C<1 t> Tf CO CO CO CO TP i-t iQ t-i C~ rH OWTfN
lQWHCOt'HlOCONlOCOOeOt>H CO xj<
1 I 1 i M 1 i M M I i M I I I I II
ObioUo^oUoUoUoUlo^otiloSXott
coo 5
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CO CO CO CO
CO CO CO CO CO
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1 I
imcQCQmcacQacQpacQ

Georgia Laws, 1963:
2100
RESULTS OF REFERENDUM ELECTIONS
s
$
Qt
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SSSaBste
HMM ' c'0Sh
TT'C tT O B'|n
O O OfeC B 3
fofc&H 'Ok
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M CO CO CO CO CO H
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OMoafiOMoWl
CO CO CO CO
fa
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C/2
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Georgia Laws, 1963
RESULTS OF REFERENDUM ELECTIONS
2101
osiQcoiQoc<it'-a>coiaoot-co'si'asr-*
PO 05 CO TfNkQN'l'OHWNt-OHOOCO
NNH tH HNtOt>OOt'WOTHOlH
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Georgia Laws 1964, January-February session:
2102
RESULTS OF REFERENDUM ELECTIONS
V a
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CO
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(Repealed by Ga. L. 1964, Ex. Sess., p. 2342)
Georgia Laws 1964, January-February session:
RESULTS OF REFERENDUM ELECTIONS 2103
a,2
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too gOOCSOJN^ .t. 00 CO 00
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Georgia Laws 1964, January-February session:
2104
RESULTS OF REFERENDUM ELECTIONS
NONCOiOiOCOHiflOOCDH-0 m
asOJOJCOOlOOt'LOLOOJTfrJ- t.
05 <N ip CO (M CO CO CO <N <>5 0) ^
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Georgia Laws 1964, Extra Session:
RESULTS OF REFERENDUM ELECTIONS
2105
3
8
x
05 t> CO O 3 C
tONOt>C105 ^
Tf lOiOCONC-^ O
C-COW C
mmt*
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t-tfOO 3 ; CO CO
to O O r-H [$ H CO
11 CO V o CO
I I I I g* II
^ f l ci.2 -m ^ c
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s
Georgia Laws, 1965:
2106
RESULTS OF REFERENDUM ELECTIONS
OICDMO'J'NHOO m ri CcOOOOOOOt>NOlOC<HO
OOWCO(N^OOt' m > a> ^cqO>''i'00'^'t>U,5r-Ht>t-
lOlOU-COlO^OOOOpJ o OoOrH*-lOTj<Tt i-t
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o &X> O to o bfl O t0' oBoobfiO^OifloiCoM
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y y y y y u v
mmmmmxfixn
Georgia Laws, 1965:
RESULTS OF REFERENDUM ELECTIONS
2107
Each of these acts has an effective date of January 1, 1966.
Georgia Laws, 1966:
2108 RESULTS OF REFERENDUM ELECTIONS
i <X>
I I
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Georgia Laws, 1966:
RESULTS OF REFERENDUM ELECTIONS 2109
Georgia Laws, 1967:
2110 RESULTS OF REFERENDUM ELECTIONS
Georgia Laws, 1967:
RESULTS OF REFERENDUM ELECTIONS 2111
CONNOJC'WNOCOt)'COH |>
town oc-toocooscoH.tioco
^ ---- --------'5^
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Georgia Laws, 1967:
2112
RESULTS OF REFERENDUM ELECTIONS
s* B
O OX) o
OCOHO^NHUJ
<1 lO CO 10
I M I I I I I
c u c u c ^ c
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pin
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5 05(N c CO CO OS OS CD t 00 T_ 00 N H ifl
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CO CO Cl CX CO Cl
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Georgia Laws, 1968:
RESULTS OF REFERENDUM ELECTIONS
2113
a
8
t-H to O t-H
os d
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2114 RESULTS OF REFERENDUM ELECTIONS
%- a
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Glynn ..... 2914 | Brunswick-Glynn County Charter Commission.j 10-14-69 For2846
] Agn6761
Georgia Laws, 1968:
RESULTS OF REFERENDUM ELECTIONS
2115
St
a*
Qa
C- N OJ I
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S^^tSCJ05 00cl-'t-,0W01Nt-
t-NHiQOTl'iQT-l'iPNHNtDOON OOCC
M I I I I I I I | I | | I | | | |
l_iGt.ClaCl-.C - C C G f r-
lilt; ........................................
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Georgia Laws, 1968:
2116
RESULTS OF REFERENDUM ELECTIONS
21!
a
oh
Tl'tOMOOOiONOllNlCt-OlOO'^HlOM^
TffjcooHcot'oiioincooto^HTf *
H to Tf Tf CO I>NNHMt>NHtO
I M II I I I II I II I I I || I
bJoWoMo^obJoiHo^oMotCo^
ffl
m
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U
& &
RESULTS OF REFERENDUM ELECTIONS
2117
2 .5
e .
CO tr- >< <J5 00 H 05 ci to
CM COO IONtJ'IO
, >,LO CM
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Georgia Laws, 19<._
2118
RESULTS OF REFERENDUM ELECTIONS
o

IQ o
drt 6
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3
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3
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Georgia Laws, 1969:
RESULTS OF REFERENDUM ELECTIONS
2119
3j-. t>H-O500 B00O3
1 "COHHCOHNOtO fc I>t- aOCONWNOl
2 ?COUNOO^Ut- 3 CO t> lO 05 lO CO CO O
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u
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t'NOOOHt'OO^t'OO 3 co to
CO CO (N rf (NN ^ N ^
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Georgia Laws, 1969:
2120
RESULTS OF REFERENDUM ELECTIONS
o-'tC'Jc-ciTHt-eo
U CJ H <M
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Georgia Laws, 1970:
RESULTS OF REFERENDUM ELECTIONS
2121
o
sz
<0 V
oa
W
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to o
9
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03
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Georgia Laws, 1970:
2122 RESULTS OF REFERENDUM ELECTIONS
j>
OH
B
w
03
cn
O os co
co 3 to wi
CO 10 H 4-> 4->
OSOOCOi-l I I I 00 00 tO W TI 00 w CO 'B c "3 c
00 CM GO O ajCOCO-^NCOOOt-tO^tO^.
10 (M co t- hS:co t> 00 ,-h th ^

ui ' ty k
1-^ 11 -ti r>--j *1 r-1 ai 2cc5 2
I I I 1 M II 1 ii3ci3
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ueorgia Laws, 1970:
RESULTS OF REFERENDUM ELECTIONS 2123
f
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W
03
w
3
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Georgia Laws 1971, January/February session:
2124
RESULTS OF REFERENDUM ELECTIONS
lO C3 W CD (N Oi rf CO
HXHNOOlOt'H-
J H Ol Ol ifi CM
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Georgia Laws 1971, January/February session:
RESULTS OF REFERENDUM ELECTIONS
2125
rH 1C iH tO > CO
-2
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lOCO'^'^tDCOOiO cT)'NSHr|<000005N^
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Georgia Laws, 1971, Jan./Feb. session:
2126
RESULTS OF REFERENDUM ELECTIONS
co<n<m?oco^coio mHcoiOHOO^cocot>w 'tf ih eoooco
GO^fioCvlOOiOCOOO rcoc- 3hCOOLO^OCOOCDMMh IM CO in 03 O CO
ICMH 00 t> t- CO CJ ^03 CO^OS .. rl^OO rf t>
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iiiiiiii| i u i i i I ii i ii I ii i 4iiIii
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fa <J << Ct, <;-c <tjjS*;^ < <J fa <3 fo <1
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Georgia Laws 1971, January/February session:
RESULTS OF REFERENDUM ELECTIONS
2127
i 05 OJ C- t* CO
105 OJ OJ 00 -<J<
MO-JHNO
II I II I'
ij G tj C C
o ao o 5*0 o ^
Cti < ^ i
QW
H
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33
P
72
03 O
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33 Q a
Georgia Laws 1972, January/February session:
2128
RESULTS OF REFERENDUM ELECTIONS
H
O
a
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a
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VI
1 GO 00 O
soon n
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VI VI V VI V VI u*
03
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Georgia Laws 1972, January/February session:
RESULTS OF REFERENDUM ELECTIONS 2129
hoi OH 030 yH o OH COO HO
JiONMTf ffl 3 c OO C~t- !OtH CO in
a o,ca 05 00 w ^ ^ i. . o o_ . to th_ . co
''' a i ri! 'I* i ii a y a j > y i ii a y a i
bfl o & o e o&j0 O &c O&fl ObC O O U) obfl obc
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Georgia Laws 1972, January/February session:
2130
RESULTS OF REFERENDUM ELECTIONS
-5*
HO B CrtlO<Ot lO t* NNOOI>'ft-'#OOOOWOOOCOaOHTjH{0
c O C- OS 05 05 lO (DOOt'HHlOOOJCOMCOMOlHHt-lOOO
eg e o io n to co^<< r-^o> oo << to x to th^c^o^to 10 co
^ Uot>oooTdofoi| of r-T th co co r-T of to
& I lIl I Ill I iS I i I i I i I i 111 i N 11 I i I I
' o&c objoofeoot'Cobfiot'CobcobfiobiotiCotit)
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I
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i. 1973, p. 2268 changed date of election.
Georgia Laws 1972, January/February session:
RESULTS OF REFERENDUM ELECTIONS
2131
OS c050)NO?5t>0(N03H0?DMiO
GO 04
OS OS C- t> iO OS^ rj 0_00 ^CO iO H H iO 3s
Dh cH" h c4* of S co r-T co .-T
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Georgia Laws 1972, January/February session:
2132
RESULTS OF REFERENDUM ELECTIONS
aNOlflHiflOOOOOH(N(N03 05(NHOOOO(NHrJiifliaoOI>OOOOCOinHWC
OOOtOCONTfCO'I'^lOO^OiCOtOCOHlNLOClCDtOCOt-TfOJOOCOHINt-C
CO 00 t> OS r-^CO CD^ CO H COOS oa 00 tH rH ID CO 00 Cg Cg rTtONt-NCOr
r-T r-T cg~ C'f r-T t-T r-T CO CO C
11 II III111 11 II I IIIIII11II111111
obfiobjOobfiobCo^ObXJObDObjOObjOofc^ObCObOoiifiofciDobfiO
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RESULTS OF REFERENDUM ELECTIONS
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2134
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2135
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2136
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RESULTS OF REFERENDUM ELECTIONS
2137

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2138
RESULTS OF REFERENDUM ELECTIONS
GENERAL ELECTION
Date 11-5-74
Common Day of Rest Act of 1974
Ga. L. 1974, p. 186
COUNTY
Yes No
Appling.....
Atkinson ....
Bacon ......
Baker ......
Baldwin.....
Banks ......
Barrow .....
Bartow .....
Ben Hill ....
Berrien ....
Bibb........
Bleckley ....
Brantley ....
Brooks .....
Bryan ......
Bulloch .....
Burke ......
Butts ......
Calhoun ....
Camden......
Candler.....
Carroll ....
Catoosa .....
Charlton
Chatham ....
Chattahoochee
Chattooga
Cherokee ....
Clarke .....
Clay ........
Clayton.....
Clinch ......
Cobb .......
Coffee .....
Colquitt
Columbia ...
Cook .......
Coweta .....
Crawford ...
Crisp ......
Dade .......
Dawson .....
Decatur.....
DeKalb .....
Dodge ......
Dooly.......
Dougherty ..
Douglas.....
Early.......
Echols .....
Effingham ..
Elbert .....
Emanuel ....
Evans ......
Fannin .....
590
274
300
109
1,901
566
1,501
1,704
578
442
8,536
439
189
341
344
1,604
545
786
166
367
187
3,696
1,440
177
14,278
153
1,322
2,424
6,525
116
9,965
144
25,632
629
1,168
1,113
423
2,622
338
537
485
515
579
54,127
470
314
3,887
2,958
297
66
627
998
803
231
829
692
245
603
253
1,989
709
1.830
2,407
1,127
1,142
12,667
888
303
916
447
2,441
797
929
429
430
231
4,391
1,424
198
12,039
116
1,281
2.830
4,853
242
10,231
379
21,237
1,493
2,701
1,687
978
2,470
455
1,303
317
199
958
40,882
1,835
684
8,146
2,815
1,084
74
1,039
1,765
1,353
676
729
RESULTS OF REFERENDUM ELECTIONS 2139
COUNTY Yes No
Fayette ........................................... 1,752 2 153
Floyd ................................................ 5,764 7^222
Forsyth ........................................... 1,415 1 575
Franklin ............................................... 513 1,502
Fulton .............................................. 56,902 38,497
Gilmer.................................................. 674 825
Glascock ..........................,............... 96 201
Glynn ................................................ 2,067 2,658
Gordon ............................................... 1,477 1,428
Grady .................................................. 524 1,273
Greene ................................................. 962 1,101
Gwinnett ............................................. 8,846 10,024
Habersham............................................. 1,215 1,281
Hall ................................................. 5,111 3,714
Hancock ................................................ 363 503
Haralson ............................................. 1,289 1,616
Harris ................................................. 908 1,322
Hart ................................................... 420 1,408
Heard .................................................. 351 417
Henry ................................................ 2,125 2,638
Houston .............................................. 4,338 5,170
Irwin................................................... 285 676
Jackson ............................................. 2,166 2,042
Jasper.................................................. 352 493
Jeff Davis ............................................. 250 522
Jefferson .............................................. 405 1,380
Jenkins ................................................ 279 489
Johnson................................................. 373 990
Jones .................................................. 826 1,147
Lamar .................................................. 748 855
Lanier ................................................. 115 290
Laurens............................................... 1,839 3,649
Lee..................................................... 410 837
Liberty ................................................ 385 567
Lincoln ................................................ 236 565
Long ................................................... 149 254
Lowndes .............................................. 2,069 3,382
Lumpkin .............................................. 1,043 504
Macon .................................................. 541 765
Madison ................................................ 731 883
Marion ................................................. 167 368
McDuffie ............................................... 707 1,336
McIntosh ............................................... 508 418
Meriwether............................................ 1,501 1,520
Miller .................................................. 83 210
Mitchell ............................................... 697 1,688
Monroe ................................................. 906 1,058
Montgomery ............................................. 206 611
Morgan . ............................................... 791 1,186
Murray ................................................. 414 492
Muscogee ............................................ 10,456 12,112
Newton ............................................... 1,832 2,364
Oconee ................................................. 848 877
Oglethorpe ............................................. 698 684
Paulding ............................................. 1,350 1,643
Peach .................................................. 874 1,339
Pickens ................................................ 536 443
Pierce ................................................. 311 540
Pike ................................................... 652 713
Polk ................................................. 1,973 2,009
Pulaski ................................................ 430 566
Putnam.................................................. 565 545
2140
RESULTS OF REFERENDUM ELECTIONS
COUNTY
Yes No
Quitman ..
Rabun ....
Randolph .
Richmond .
Rockdale ..
Schley ....
Screven ...
Seminole .
Spalding . .
Stephens . .
Stewart ..
Sumter . . .
Talbot ....
Taliaferro
Tattnall
Taylor ....
Telfair ....
Terrell ....
Thomas ...
Tift .....
Toombs .. .
Towns ....
Treutlen . .
Troup ....
Turner . . .
Twiggs . . .
Union ....
Upson
Walker ...
Walton ...
Ware .....
Warren . . .
Washington
Wayne
Webster . .
Wheeler ..
White ....
Whitfield .
Wilcox . . .
Wilkes ....
Wilkinson
Worth ....
TOTAL
85
618
334
7,477
1,811
117
514
309
2,867
698
183
1,119
320
70
484
520
359
456
1,315
940
975
535
333
2,550
334
427
1,330
2,145
2,104
1,397
1,363
173
1,035
660
99
257
941
2,030
239
439
395
423
434,559
142
701
790
11,596
2,032
171
740
588
3,258
1,673
329
1,925
326
192
960
741
977
1,062
2,173
1,716
1,640
247
630
3,831
870
696
548
2,115
2,264
1,786
1,910
364
2,037
1,118
127
698
562
2,274
759
1,531
765
1,203
363,947
Footnote: The Common Day of Rest Act of 1974 was declared unconstitutional in
part by the Georgia Supreme Court in Rutledge v. Gaylords, Inc., 233 Ga. 694,
decided February 13, 1975.
Georgia Laws, 1975, January/February Session:
RESULTS OF REFERENDUM ELECTIONS
2141
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This Act ruled invalid by U.S. Justice Department on August 18, 1975.
Spalding .. 4352 Board of County Commissioners ....... 11- 4-75 For: 1,205 Agn: 4,100
Stephens .. 4142 City of Toccoa Commissioners ........ 6-12-75 For: 209 Agn: 191
2142
RESULTS OF REFERENDUM ELECTIONS
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Georgia Laws, 1976, January/February Session:
RESULTS OF REFERENDUM ELECTIONS
2143
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SSBooJDDS
55.-
A PROCLAMATION
BY THE GOVERNOR:
WHEREAS: Pursuant to the provisions of Article XII, Section 1, Paragaph 1 of
the Constitution of the State of Georgia of 1976, 16 general
Constitutional Amendments and 121 local Constitutional Amendments
were submitted to the electors of the State of Georgia for ratification
or rejection at the General Election held on November 4, 1980; and
WHEREAS: The number of votes cast for and against the ratification of the
137 Constitutional Amendments voted on in the General Election
held on November 4, 1980, have been counted, tabulated, computed
and canvassed by the Secretary of State of the State of Georgia,
and the results thereof certified to me as Governor of the State
of Georgia; and
WHEREAS: Said certifications are attached hereto and by reference are made a
part hereof; and
WHEREAS: Section 34-1511 (f) of the Georgia Election Code provides that the
Governor shall issue his proclamation declaring the results of the
vote of each proposed Constitutional Amendment.
NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED
IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS
HEREBY
PROCLAIMED: That proposed Constitutional Amendments numbers 2, 3, 5, 6,
8 9 10 12, 13, 17, 19, 21, 22, 23, 24, 25, 26, 27, 29, 30,
33, 34, 35, 37, 39, 40, 41, 42, 43, 44, 45, 47, 48, 49, 50,
51, 52, 53, 54, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 69,
70 71 72, 73, 74, 76, 77, 78, 80, 81, 82, 83, 84, 85, 86,
87 88 89 90, 91, 92, 93, 94, 95, 96, 97, 99, 100, 101,
102 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113,
114, 115, 116, 117, 118, 119, 122, 123, 124, 125, 126, 127.
128, 130, 131, 132, 133, 134, 135, 136 and 137 which appeared
upon the 1980 General Election ballot, having been ratified according
to the Constitution of the State of Georgia of. 1976 according to
the results of the November 1980 General Election held on Tuesday,
November 4, 1980, are a part of the Constitution of the State
of Georgia of 1976. Unless the amendment itself shall provide
otherwise, each amendment to the Constitution shall become effective
on January 1, 1981.
FURTHER: I do proclaim that proposed Constitutional Amendments numbers 1,
4 7, 11, 14, 15, 16, 18, 20, 28, 31, 32, 36, 38, 46, 55, 66,
67, 68, 75, 79, 98, 120, 121 and 129 which appeared upon the
1980 General Election ballot, not having been ratified according to
the Constitution of the State of Georgia of 1976 according to the
results of the November 1980 General Election held on Tuesday,
November 4, 1980, are not a part of the Constitution of the State
of Georgia of 1976.
IN WITNESS WHEREOF, 1 have hereunto set my hand and caused
the Seal of the Executive Department to be affixed. This 8th day
of December, 1980.
TOM PERDUE
Secretary, Executive Department
I, DAVID B. POYTHRESS, SECRETARY OF STATE OF THE STATE OF
GEORGIA, DO HEREBY CERTIFY THAT in the General Election held in this State
November 4, 1980, the number of votes cast for and against the sixteen (16) General
Constitutional Amendments voted on in said election are tabulated on the three type-
written pages hereto attached and is the true and correct total vote as shown by the
consolidated returns which are filed in this office.
IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed the seal of my
office, at the Capitol, in the City of Atlanta, this 19th day of November, in the year
of our Lord One Thousand Nine Hundred and Eighty and of the Independence of
the United States of America the Two Hundred and Fifth.
By the Governor:
GEORGE BUSBEE
Governor
DAVID B. POYTHRESS
Secretary of State
2152 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
GENERAL CONSTITUTIONAL
AMENDMENTS VOTED ON NOVEMBER 4, 1980
1.
Res. Act 157
S. R. 282
(Ga. L. 1980,
P. 2027)
Shall the Constitution be amended so as to provide
that the General Assembly may by law establish
one or more classes of tangible property for use by
the State Revenue Commissioner when reviewing
and approving county tangible property tax
digests?
YES
441,802
2.
Res. Act 159
S. R. 291
(Ga. L. 1980,
P. 2032)
Shall the Constitution be amended so as to provide
that general obligation debt may be incurred to
provide educational facilities for county and inde-
pendent school systems and to provide that, when
the construction of such facilities has been com-
pleted, the title to such facilities shall be vested in
the respective local boards of education?
551,884
3.
Res. Act 160
S. R. 307
(Ga. L. 1980,
P. 2033)
Shall the Constitution be amended so as to provide
that the State Board of Education shall establish a
program whereby certificated teachers of Georgia
may be reimbursed for tuition costs for attending
colleges or universities in Georgia to maintain their
certification, subject to certain limitations and
requirements?
619,916
4.
Res. Act 179
H. R. 480-1260
(Ga. L. 1980,
P. 2108)
Shall the Constitution be amended so as to autho-
rize the General Assembly to exercise the power of
taxation over the entire state for the purpose of
purchasing uniforms used by public schools?
193,863
5.
Res. Act 169
H. R. 41-124
(Ga. L. 1980,
P. 2087)
Shall the Constitution be amended so as to autho-
rize the General Assembly to provide by law for
the increase of retirement or other benefits of re-
tired persons who have retired or who retire in the
future pursuant to the Georgia Firemen's Pension
Fund and to provide that no formerly retired per-
son shall receive any greater benefits than those
benefits provided by law to be received upon re-
tirement by members of the Fund who have not
retired?
625,415
NO
598,560
480,798
483,367
869,076
422,388
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2153
6.
Res. Act 204
H. R. 459-1190
(Ga. L. 1980,
P. 2166)
7.
Res. Act 170
H. R. 313-1031
(Ga. L. 1980,
P. 2089)
8.
Res. Act 183
H. R. 526-1383
(Ga. L. 1980,
P. 2114)
9.
Res. Act 156
S. R. 280
(Ga. L. 1980,
P. 2026)
10.
Res. Act 176
H. R. 471-1232
(Ga. L. 1980,
P. 2103)
11.
Res. Act 177
H. R. 472-1232
(Ga. L. 1980,
P. 2105)
YES NO
Shall the Constitution be amended so as to autho- 990,627 305,672
rize the State to provide an indemnification of up
to $50,000 for law enforcement officers, firemen,
and prison guards permanently disabled in the line
of duty?
Shall the Constitution be amended so as to autho- 451,821 546,357
rize the General Assembly to provide by general
law for granting additional powers to counties or
municipalities, or both, to allow such political sub-
divisions to establish and maintain more effective
redevelopment programs, to provide for exemp-
tions from state, county or municipal ad valorem
taxation on property located within a redevelop-
ment area, and to provide for other matters relative
thereto?
Shall the Constitution be amended so as to in- 956,519 182,088
crease the income exclusion on homestead ex-
emptions for the elderly to $8,000.00?
Shall the Constitution be amended so as to grant 689,323 373,206
jurisdiction to the recorder's, mayors, or police
courts of any municipality to try and dispose of
cases where a person is charged with the posses-
sion of one ounce or less of marijuana?
Shall the Constitution be amended so as to permit 536,052 456,485
the court, without a jury, to render default judg-
ments in tort actions?
Shall the Constitution be amended so as to autho- 413,898 591,150
rize any county or municipality of this State to
establish an employees suggestions and awards
program to reward meritorious service and to
authorize such political subdivisions to expend
public funds for such purposes?
2154 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
12.
Res. Act 209
H. R. 483-1270
(Ga. L. 1980,
P. 2174)
Shall the Constitution be amended so as to provide
that the venue of juvenile court cases may be
determined by reference to the Juvenile Court
Code of Georgia?
YES
680,864
13.
Res. Act 222
H. R. 563-1500
(Ga. L. 1980,
P. 2203)
Shall the Constitution be amended so as to autho-
rize the General Assembly to provide by law for
the taxation of life insurance companies on the
basis of gross direct premiums received within the
unincorporated areas of counties and, in connec-
tion therewith, to authorize the reduction of ad
valorem taxes within the unincorporated areas of
counties?
595,893
NO
311,322
418,204
14.
Res. Act 154
S. R. 247
(Ga. L. 1980,
P. 2010)
Shall the Constitution be amended so as to create
a body corporate and politic and as an instrumen-
tality of the State of Georgia to be known as the
Gwinnett Judicial Building Authority?
337,186
15.
Res. Act 172
H. R. 430-1103
(Ga. L. 1980
P. 2094)
Shall the Constitution be amended so as to pro-
vide that certain property located within any county
of this State having a population of 600,000 or
more, according to the United States decennial
census of 1970 or any future such census, which is
owned by a nonprofit corporation organized for
the primary purpose of encouraging cooperation
between parents and teachers to promote the ed-
ucation and welfare of children and youth shall be
exempted from all State, county, municipal, and
school taxation, including such taxation to pay
interest on and retire bonded indebtedness?
435,851
558,563
537,519
16.
Res. Act 234
H. R. 631-1630
(Ga. L. 1980,
P. 2232)
Shall the Constitution be amended so as to create
the Rockdale County Public Facilities Authority,
to provide for the powers, authorities, and duties
of such authority, to authorize such authority to
issue its revenue bonds and to provide for the
method and manner of such issuance and for the
validation thereof, to authorize the authority to
contract with Rockdale County and other public
bodies, and to authorize Rockdale County to con-
tract with the authority for the use by said county
or its residents of any facilities or services of the
authority?
375,615
491,317
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2155
I. DAVID B. POYTHRESS, SECRETARY OF STATE OF THE STATE OF
GEORGIA, DO HEREBY CERTIFY THAT the attached twenty-six pages of type-
written matter constitute a true and correct copy of the votes cast in this State in the
General Election held November 4, 1980, for and against Local Constitutional Amend-
ments numbers seventeen (17) through one hundred thirty-seven (137); all as same
appear of file and record in this office,
IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed the seal of my
office, at the Capitol, in the City of Atlanta, this 5th day of December, in the year of
our Lord One Thousand Nine Hundred and Eighty and of the Independence of the
United States of America the Two Hundred and Fifth.
DAVID B. POYTHRESS
Secretary of State
LOCAL CONSTITUTIONAL AMENDMENTS VOTED ON NOVEMBER 4, 1980
YES NO
17.
Res. Act 181
H. R. 511-1346
(Ga. L. 1980,
P. 2111)
APPLING COUNTY
Shall the Constitution be amended so as to in-
crease the amount of the homestead of each resi-
dent of Appling County, which is exempt from
county taxes, from $2,000,00 to $10,000.00?
1,921
18.
Res. Act 184
H. R. 560-1478
(Ga. L. 1980,
P. 2118)
APPLING COUNTY
Shall the Constitution be amended so as to autho-
rize the General Assembly to provide by local law
that the board of commissioners of Appling County
may conduct official and other business at sites
other than the Appling County Courthouse but
within the corporate limits of Baxley, Georgia?
931
1,387
2,028
2156
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
19.
Res. Act 253
H. R. 772-1805
(Ga. L. 1980,
P. 2292)
20.
Res. Act 18
S. R. 18
(Ga. L. 1979,
P. 1790)
21.
Res. Act 40
H. R. 239-848
(Ga. L. 1979,
P. 1843)
22.
Res. Act 200
H. R. 450-1145
(Ga. L. 1980,
P. 2159)
23.
Res. Act 25
H. R. 21-75
(Ga. L. 1979,
P. 1805)
YES NO
ATKINSON COUNTY
Atkinson County School Dist. 507 313
Shall the Constitution be amended so as to pro-
vide that each resident of the Atkinson County
School District who is sixty-two years of age or
over and whose income from all sources, including
the income of all family members residing within
said homestead, does not exceed $12,000.00 per
annum shall be granted a homestead exemption of
$10,000.00 from all Atkinson County School Dis-
trict ad valorem taxes?
BALDWIN COUNTY 1,567 5,109
Shall the Constitution be amended so as to provide
that the Board of Commissioners of Baldwin Coun-
ty shall have the right and power to assess and
collect license fees and taxes from all persons,
firms, and corporations doing business in the unin-
corporated area of Baldwin County?
BANKS COUNTY 1,650 689
Shall the Constitution be amended so as to provide
that the Board of Commissioners of Banks County
shall have the right and power to assess and collect
license fees and taxes from all persons, firms, and
corporations maintaining a place or places of busi-
ness in any area of Banks County?
BANKS COUNTY 1,401 856
Shall the Constitution be amended so as to in-
crease the civil jurisdiction of justices of the peace
in Banks County from $200.00 to $500.00?
BARROW COUNTY 2,186 1,556
Shall the Constitution be amended so as to in-
crease the dollar amount of civil cases over which
the Justices of the Peace in Barrow County shall
have jurisdiction from $200.00 to $750.00?
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2157
24.
Res. Act 213
H. R. 519-1361
(Ga. L. 1980,
P. 2184)
25.
Res. Act 251
H. R. 758-1796
(Ga. L. 1980,
P. 2288)
26.
Res. Act 229
H. R. 582-1582
(Ga. L. 1980,
P. 2219)
27.
Res. Act 171
H. R. 429-1103
(Ga. L. 1980,
P. 2092)
YES
BARTOW COUNTY 4,288
Shall the Constitution be amended so as to in-
crease the dollar amount of civil cases over which
the Justices of the Peace in Bartow County shall
have jurisdiction to $1,000.00?
BARTOW COUNTY
Bartow County School District 4,326
Shall the Constitution be amended so as to pro-
vide that each resident of the Bartow County
School District who is sixty-two years of age or
over and whose income from all sources, including
the income of all family members residing within
said homestead, does not exceed $12,000.00 per
annum shall be granted an exemption from all
Bartow County School District taxes on the full
value of his homestead owned and occupied by
him as a residence?
BEN HILL COUNTY 2,026
Ben Hill Co. School District 676
Shall the Constitution be amended so as to in-
crease the amount of each homestead of each
resident of Ben Hill County, which is exempt from
county and school taxes, to $6,000.00 and so as to
increase to $12,000.00 the amount of the home-
stead which is exempt from county and school
taxes of each resident of Ben Hill County who is
sixty-five years of age or over and whose income
does not exceed $4,000.00?
BIBB COUNTY AND JONES COUNTY
City of Macon (Bibb County) 8,045
City of Macon (Jones County) 7
Shall the Constitution be amended so as to per-
mit improved residential property within a com-
munity development or renewal project to be
assessed for City of Macon ad valorem taxation
for a limited period of time at a tax rate which is
less than the rate which applies to other property?
2158 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
28.
Res. Act 173
H. R. 434-1103
(Ga. L. 1980,
P 2096)
29.
Res. Act 190
H. R. 668-1666
(Ga. L. 1980,
P. 2128)
YES NO
BIBB COUNTY 10,785 10,934
Shall the Constitution be amended so as to per-
mit improved residential property within a com-
munity development or renewal project to be
assessed for Bibb County ad valorem taxation for a
limited period of time at a tax rate which is less
than the rate which applies to other property?
BIBB COUNTY AND JONES COUNTY
Bibb County 9,510
City of Macon (Bibb County) 7,160
City of Macon (Jones County) 5
Shall the Constitution be amended so as to autho-
rize the Macon-Bibb County Urban Development
Authority to issue its revenue bonds, notes or other
obligations for the purpose of acquiring, construct-
ing, equipping, maintaining, operating, extending,
repairing and improving lands, buildings, and facili-
ties of any kind for use by any industrial, commer-
cial, business, civic, educational, agricultural or
other enterprise, public or private, upon a deter-
mination by the governing body of the Authority
that such undertaking will further the development
and redevelopment for the public good of urban,
central city and downtown areas located within
Bibb County; to empower said Authority to extend
credit or make loans to any enterprise for the pur-
pose of financing undertakings for the purposes
described herein, subject to such terms as the
Authority may deem necessary or desirable; to
provide that bonds, notes or other obligations
issued and contracts entered into by said Authority
shall not be deemed to constitute debts of the
County of Bibb or the City of Macon within the
meaning of Article IX, Section VII, Paragraph 1 of
the Constitution of the State of Georgia; to provide
that said amendment is self-enacting and shall not
require any enabling legislation for it to become
effective, but to authorize the General Assembly to
amend the provisions of the Act creating the
Macon-Bibb County Urban Development Authority
to make it more perfectly reflect the purposes,
terms and provisions thereof, to further define the
purposes of the Macon-Bibb County Urban De-
8,987
6,230
4
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2159
YES NO
velopment Authority, to further define, prescribe
and enlarge the powers and duties of said Autho-
rity (and of the County of Bibb and the City of
Macon as the same relate to the Authority and its
undertakings) and the exercise thereof, to further
regulate the management and conduct of said Au-
thority, and to otherwise amend said Act in any
manner not inconsistent with the provisions of the
Amendment now proposed as the General Assem-
bly deems appropriate; and to ratify and confirm
all amendments to said Act heretofore enacted by
the General Assembly?
30.
Res. 191
H. R. 674-1686
(Ga. L. 1980,
P. 2133)
31.
Res. Act 241
H. R. 676-1686
(Ga. L. 1980,
P. 2261)
32.
Res. Act 36
H. R. 148-522
(Ga. L. 1979,
P. 1830)
BIBB COUNTY 17,927 6,047
Shall the Constitution be amended so as to pro-
vide that the Bibb County homestead exemption
from taxes levied for county and school purposes
shall be increased to $5,000.00 in 1981, $6,000.00
in 1982, and $7,000.00 in 1983 and thereafter?
BRANTLEY COUNTY 580 828
Shall the Constitution be amended so as to in-
crease the dollar amount of civil cases over which
the Justices of the Peace of Brantley County shall
have jurisdiction from $200.00 to $2,000.00?
BRYAN COUNTY 672 879
Shall the Constitution be amended so as to change
the requirement that the governing authority of
Bryan County levy and collect an annual ad
valorem tax of two mills for developing and pro-
moting industry and pay the funds derived to the
Bryan County Industrial Development Authority
by authorizing the governing authority of Bryan
County to levy and collect an annual ad valorem
tax not to exceed two mills for such purposes?
33. BULLOCH COUNTY
Res. Act 39
H. R. 230-819
(Ga. L. 1979,
P. 1841)
City of Statesboro-Bulloch Co.
Shall the Constitution be amended so as to pro-
vide for the establishment of a Downtown States-
boro Development Authority and to provide for
the powers, duties and responsibilities of said
Authority?
1,808
906
2160 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
YES NO
34.
Res. Act 42
H. R. 256-969
(Ga. L. 1979,
P. 1846)
BURKE COUNTY
Burke County School District
Shall the Constitution be amended so as to pro-
vide requirements relative to setting the ad valorem
tax millage rates for educational and county gov-
ernment purposes by the Board of Education and
the Board of County Commissioners of Burke
County?
1,465
1,465
944
944
35.
Res. Act 264
H. R. 827-1887
(Ga. L. 1980,
P. 2333)
BUTTS COUNTY
Butts County School District
Shall the Constitution be amended so as to rede-
fine that homestead property which is exempt from
Butts County school taxes because owned by an
individual 62 years of age or older whose income
is within certain limits to include not more than
$12,000.00 of the assessed value thereof?
1,978
746
36.
Res. Act 196
H. R. 726-1743
(Ga. L. 1980,
P. 2150)
CAMDEN COUNTY
City of St. Marys (Camden Co.)
Shall the Constitution be amended so as to pro-
vide that the members of the Hospital Authority
of the City of St. Marys shall serve at the pleasure
of the governing authority of the City of St. Marys?
204 355
37.
Res. Act 240
H. R. 669-1672
(Ga. L. 1980,
P. 2260)
CAMDEN COUNTY
City of St. Marys (Camden Co.)
Shall the Constitution be amended so as to pro-
vide an $8,000.00 homestead exemption from city
taxes for elderly residents of the City of St. Marys;
to provide a $10,000.00 income limitation, exclu-
sive of certain benefits, required for the exemption;
and to provide that, once granted the exemption,
an owner need not reapply every year?
500
77
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2161
38.
Res. Act 198
H. R. 731-1753
(Ga. L. 1980,
P. 2154)
CATOOSA COUNTY
Shall the Constitution be amended so as to change
the compensation of the members of the Board of
Tax Administrators for Catoosa County from
$15.00 per day for each day of actual service plus
actual expenses to $100.00 for the first meeting of
every month and $50.00 for the second meeting of
every month: provided, however, that said board
may meet a greater number than two times in any
given month but shall not receive additional com-
pensation for those extra meetings and be further
amended so as to provide that the grand jury of
Catoosa County will appoint a qualified individual
to fill any vacancy which may occur on said board
until a successor may be chosen at the next general
or primary election?
YES
1,792
39.
Res. Act 255
H. R. 774-1805
(Ga. L. 1980,
P. 2297)
CHARLTON COUNTY
Charlton County School Dist.
Shall the Constitution be amended so as to pro-
vide that each resident of the Charlton County
School District who is sixty-two years of age or
over and whose income from all sources, including
the income of all family members residing within
said homestead, does not exceed $12,000.00 per
annum shall be granted a homestead exemption of
$10,000.00 from all Charlton County School Dis-
trict ad valorem taxes?
671
NO
4,527
270
40.
Res. Act 199
H. R. 831-1900
(Ga. L. 1980,
P. 2158)
CHATHAM COUNTY
City of Savannah (Chatham County)
Shall the Constitution be amended so as to pro-
vide for a countywide vote in Chatham County on
any local Act consolidating the governments of
Chatham County and creating a new successor
countywide government?
19,749
15,011
14,963
6,413
41. CHATHAM COUNTY
Res. Act 225
H. R. 569-1529
(Ga. L. 1980,
P. 2209)
Shall the Constitution be amended so as to vest
jurisdiction in the Recorders Court of Chatham
County to entertain pleas of guilty and of nolo
contendere in misdemeanor cases and to impose
23,161
7,326
2162 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
sentence as provided by law, provided the defen-
dant shall first waive, in writing, trial by jury?
42.
Res. Act 219
H. R. 544-1416
(Ga. L. 1980,
P. 2198)
CHATTOOGA COUNTY
Town of Trion (Chattooga Co.)
Shall the Constitution be amended so as to pro-
vide that residents of the Town of Trion who are
65 years of age or older shall be granted an exemp-
tion of $2,000.00 which may be increased to not
more than $4,000.00 as fixed by the affirmative
vote of not less than six members of the mayor,
recorder and council from time to time on their
homestead from all ad valorem taxation?
YES
489
NO
36
43. CHEROKEE COUNTY
Res. Act 44
H. R. 284-998
(Ga. L. 1979,
P. 1852)
Cherokee Co. School District
Shall the Constitution be amended so as to pro-
vide that each resident of the Cherokee County
School District who is sixty-two years of age or
over and whose income from all sources, including
the income of all family members residing within
said homestead, does not exceed $12,000.00 per
annum shall be granted an exemption from all
Cherokee County School District taxes on the full
value of his homestead owned and occupied by
him as a residence?
7,540
1,987
44. CLARKE COUNTY
Res. Act 259
H. R. 781-1830
(Ga. L. 1980,
P. 2305)
Shall the Constitution be amended so as to autho-
rize the board of commissioners of Clarke County
to provide by ordinance or resolution for the crea-
tion of a merit system of employment and person-
nel administration for employees of Clarke County
paid in whole or in part by county funds, other
than elected or certain appointed officials?
8,949
4,613
45.
Res. Act 29
H. R. 39-121
(Ga. L. 1979,
P. 1812)
CLAYTON COUNTY
Clayton County School District
Shall the Constitution be amended so as to pro-
vide that each resident of the Clayton County
School District who is 62 years of age or over
25,511
5,988
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2163
and who has a gross income from all sources,
including the income of members of his family
residing with him, not exceeding $10,000.00 per
annum shall be granted a homestead exemption
of $10,000.00 of the assessed value of such home-
stead from all ad valorem taxes levied for educa-
tional purposes by or on behald of the Clayton
County School System, including taxes to retire
school bond indebtedness?
YES NO
46. CLAYTON COUNTY
Res. Act 252
H. R. 771-1805
(Ga. L. 1980,
P. 2290)
Shall the Constitution be amended so as to authorize
the General Assembly to provide by law for the
creation of the Clayton County Business and In-
dustrial Authority and to provide for its purposes,
powers, and duties and to authorize the General
Assembly to provide by law for the exercise of the
powers of taxation within Clayton County and within
special districts created within such county and for
the expenditure of public funds derived there-
from in connection with the creation and operation
of such Authority?
11,529
16,642
47.
Res. Act 261
H. R. 807-1870
(Ga. L. 1980,
P. 2310)
CLAYTON COUNTY
Shall the Constitution be amended so as to pro-
vide for homestead exemption for resident home-
owners of Clayton County in an amount of $4,000.00
and to provide for a homestead exemption in the
amount of $8,000.00 for resident homeowners of
Clayton County who are 65 years of age or older,
whose net income, together with the net income
of his or her spouse who also occupies and resides
at such homestead, as net income is defined by
Georgia law, from all sources, does not exceed
$4,000.00 per annum?
26,559
4,900
48.
Res. Act 254
H. R. 773-1805
(Ga. L. 1980,
P. 2295)
CLINCH COUNTY
Clinch County School District
Shall the Constitution be amended so as to pro-
vide that each resident of the Clinch County
School District who is sixty-two years of age or
670
165
2164 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
over and whose income from ail sources, including
the income of all family members residing within
said homestead, does not exceed $12,000.00 per
annum shall be granted a homestead exemption of
$10,000.00 from all Clinch County School District
ad valorem taxes?
49.
Res. Act 41
H. R. 241-859
(Ga. L. 1979,
P. 1844)
COBB COUNTY
City of Smyrna (Cobb County)
Shall the Constitution be amended so as to authorize
the Mayor and Council of the City of Smyrna to
exempt from certain ad valorem taxes an amount
not to exceed $4,000.00 of the value of the home-
stead of certain residents of the City of Smyrna
who are at least sixty-five years of age and who
have been residents of the City for a period of
not less than three years?
YES
3,769
50.
Res. Act 161
S. R. 318
(Ga. L. 1980,
P. 2035)
COBB COUNTY
City of Powder Springs (Cobb County)
Shall the Constitution be amended so as to pro-
vide for the establishment of a Powder Springs
Downtown Development Authority and to provide
for the powers, duties, and responsibilities of said
authority?
294
NO
803
276
51.
Res. Act 174
H. R. 460-1190
(Ga. L. 1980,
P. 2098)
COBB COUNTY
Cobb County School District
Shall the Constitution be amended so as to pro-
vide for a homestead exemption of $ 12,000.00 from
all Cobb County ad valorem taxes, including ad
valorem taxes for the Cobb County school district,
for residents of Cobb County who are disabled
and who have a net income not exceeding
$12,000.00 for the immediately preceding taxable
year?
34,000
31,706
10,107
9,523
52.
Res. Act 186
H. R. 596-1603
(Ga. L. 1980,
P. 2121)
COBB COUNTY AND DOUGLAS COUNTY
City of Austell (Cobb County)
City of Austell (Douglas County)
Shall the Constitution be amended so as to provide
219
1
43
1
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2165
for a homestead exemption for residents of the City
of Austell in an amount to be fixed by the governing
authority of the city at not more than $1,000.00
from all City of Austell ad valorem taxes?
53.
Res. Act 187
H. R. 622-1614
(Ga. L. 1980,
P. 2123)
COBB COUNTY
Marietta School District (Cobb County)
Shall the Constitution be amended so as to exempt
from school taxation in the City of Marietta the
homestead of each resident of the city 62 years of
age or older?
YES
2,400
54.
Res. Act 192
H. R. 681-1706
(Ga. L. 1980,
P. 2134)
COBB COUNTY
City of Acworth (Cobb County)
Shall the Constitution be amended so as to provide
for the establishment of a Acworth Downtown
Development Authority and to provide for the
powers, duties, and responsibilities of said authority?
55.
Res. Act 189
H. R. 636-1641
(Ga. L. 1980,
P. 2127)
COLQUITT COUNTY
Colquitt County School District
All Cities Within Colquitt Co:
City of Moultrie
City of Norman Park
City of Funston
City of Doerun
City of Ellenton
City of Berlin
Shall the Constitution be amended so as to authorize
the General Assembly to allocate the proceeds of
the local option sales tax to the Colquitt County
School System and to reduce the mill rate limita-
tion on school taxes by the amount of local sales
tax proceeds?
385
3,202
3,202
1,877
143
143
108
128
102
56.
Res. Act 30
H. R. 51-193
(Ga. L. 1979,
P. 1815)
COLUMBIA COUNTY
Columbia County School District
Shall the Constitution be amended so as to provide
that the homestead, but not to exceed $10,000.00
6,898
NO
535
223
2,779
2,779
1,953
78
85
118
53
60
1,346
2166 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
57.
Res. Act 23
H. R. 11-35
(Ga. L. 1979,
P. 1801)
58.
Res. Act 26
H. R. 23-83
(Ga. L. 1979,
P. 1806)
59.
Res. Act 175
H. R. 470-1232
(Ga. L. 1980,
P. 2102)
60.
Res. Act 178
H. R. 473-1238
(Ga. L. 1980,
P. 2106)
of the value thereof, of each resident of the
Columbia County School District who is 62 years
of age or over and who does not have an income
from all sources, including the income from all
all sources of all members of the family residing
within said homestead, exceeding $10,000.00 per
annum, shall be exempt from all ad valorem
taxation for educational purposes levied for and in
behalf of such school system?
YES
CRISP COUNTY 1,640
Shall the Constitution be amended so as to increase
the dollar amount of civil cases over which the
Justices of the Peace in Crisp County shall have
jurisdiction to $1,000.00?
DECATUR COUNTY
City of Bainbridge (Decatur County) 958
Shall the Constitution be amended so as to provide
for the establishment of a Downtown Bainbridge
Development Authority and to provide for the
powers, duties and responsibilities of said Authority?
DEKALB COUNTY
City of Doraville (DeKalb County) 1,601
Shall the Constitution be amended so as to provide
for a homestead exemption for residents of the City
of Doraville in an amount to be fixed by the
governing authority of the city at not more than
$20,000.00 from all ad valorem taxes levied and
collected by the city?
DEKALB COUNTY 101,660
Shall the Constitution be amended so as to authorize
the General Assembly to abolish the office of
coroner of DeKalb County and create the office of
medical examiner of DeKalb County?
NO
1,181
740
343
27,909
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2167
61.
Res. Act 188
H. R. 624-1616
(Ga. L. 1980,
P. 2125)
62.
Res. Act 218
H. R. 543-1416
(Ga. L. 1980,
P. 2196)
63.
Res. Act 21
H. R. 9-35
(Ga. L. 1979,
P. 1796)
64.
Res. Act 265
H. R. 828-1891
(Ga. L. 1980,
P. 2337)
65.
Res. Act 27
H. R. 37-121
(Ga. L. 1979,
P. 1808)
YES NO
DEKALB COUNTY AND FULTON COUNTY
DeKalb County 92,957 31,136
City of Atlanta (DeKalb Co.) 3,214 1,150
City of Atlanta (Fulton Co.) 43,524 19,932
Shall the Constitution be amended so as to grant
jurisdiction to the Recorders Court of DeKalb
County to try and dispose of all offenses and
offenders against any ordinance of DeKalb County
controlling animals, including such offenses which
occur within that portion of the corporate limits
of the City of Atlanta lying within DeKalb County?
DEKALB COUNTY
City of Decatur (DeKalb County) 4,287 751
Shall the Constitution be amended so as to authorize
the City of Decatur to permit residents who are
65 or over to defer payment of a portion of their
city ad valorem taxes?
DOOLY COUNTY 724 566
Shall the Constitution be amended so as to increase
the dollar amount of civil cases over which the
Justices of the Peace in Dooly County shall have
jurisdiction to $1,000.00?
DOUGHERTY COUNTY
City of Albany (Dougherty County) 8,203 5,314
Shall the Constitution be amended so as to abolish
the Central Albany Development Authority?
DOUGLAS COUNTY
Douglas County School District 9,038 2,752
Shall the Constitution be amended so as to provide
that the homestead of each resident of the Douglas
2168 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
County School District who is 65 years of age or
over, regardless of income, shall be exempt from ad
valorem taxation for educational purposes levied by
or on behalf of the Douglas County School District,
including ad valorem taxation to pay interest on or
to retire school bond indebtedness, in the amount
of 50% of the assessed value of such homestead
minus any applicable exemptions otherwise pro-
vided by this Constitution on such homestead for
educational purposes, and to provide that the home-
stead of each resident of the Douglas County
School District who is 70 years of age or over,
regardless of income, shall be completely exempt
from all ad valorem taxation for educational pur-
poses levied by or on behalf of the Douglas County
School District, including ad valorem taxation to
pay interest on or to retire school bond indebtedness?
66.
Res. Act 194
H. R. 724-1743
(Ga. L. 1980,
P. 2146)
DOUGLAS COUNTY
Shall the Constitution be amended so as to empower
the board of commissioners of Douglas County to
adopt ordinances or regulations for the governing
and policing of said county and to authorize the
board of commissioners of said county to license
and regulate businesses and to levy and collect
license taxes on all persons, firms, and corpora-
tions doing business in the unincorporated areas
of said county?
YES
5,112
67.
Res. Act 195
H. R. 725-1743
(Ga. L. 1980,
P. 2148)
DOUGLAS COUNTY
Shall the Constitution be amended so as to exempt
from ad valorem property taxes levied by Douglas
County a percentage of the value of all buildings
and other improvements of each manufacturing or
distribution establishment located in Douglas
County, provided such establishment has buildings
and other improvements of $500,000.00 or more?
4,386
NO
5,792
6,585
68.
Res. Act 232
H. R. 623-1616
(Ga. L. 1980,
P. 2225)
FAYETTE COUNTY
Shall the Constitution be amended so as to autho-
rize the governing authority of the County of
Fayette to appropriate property, money, and ser-
vices, not to exceed $15,000.00 per year, for the
purpose of advertising and promoting the agri-
3,080
6,745
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2169
69.
Res. Act 32
H. R. 127-510
(Ga. L. 1979,
P. 1819)
70.
Res. Act 33
H. R. 128-510
(Ga. L. 1979,
P. 1822)
71.
Res. Act 34
H. R. 129-510
(Ga. L. 1979,
P. 1825)
cultural, industrial, historic, recreational, and
natural resources, facilities, and assets of Fayette
County for the purpose of promoting and encour-
aging the locating and expansion of industrial and
commercial facilities and for the purpose of attract-
ing tourists and conventions to said County?
YES
FLOYD COUNTY 12,541
Shall the Constitution be amended so as to pro-
vide that certain homestead exemptions from Floyd
County ad valorem taxes for certain persons sixty-
five years of age or over may be granted to both
spouses although only one meets the age require-
ment?
FLOYD COUNTY
Floyd County School District 8,217
Shall the Constitution be amended so as to change
the income limits for homestead exemptions of
persons sixty-two years of age or over from ad
valorem taxes levied for school purposes in the
Floyd County School District; to require only one
affidavit be filed in certain circumstances; and to
provide for exemptions when one spouse meets
the age requirement and the other does not?
FLOYD COUNTY
Rome School District (Floyd County) 4,852
Shall the Constitution be amended so as to change
the income limits for homestead exemptions of
persons sixty-two years of age or over from ad
valorem taxes levied for school purposes in the
independent school district of the City of Rome; to
require only one affidavit be filed in certain cir-
cumstances; and to provide for exemptions when
one spouse meets the age requirement and the
other does not?
NO
3,818
2,864
1,286
2170 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
72.
Res. Act 210
H. R. 492-1291
(Ga. L. 1980,
P. 2176)
73.
Res. Act 220
H. R. 551-1437
(Ga. L. 1980,
P. 2200)
74.
Res. Act 221
H. R. 552-1437
(Ga. L. 1980,
P. 2202)
FLOYD COUNTY
Shall the Constitution be amended so as to in-
crease the maximum dollar amount for civil cases
over which the justices of the peace in Floyd Coun-
ty shall have jurisdiction from $200.00 to $500.00
and to authorize the General Assembly to increase
said jurisdiction to an amount not to exceed
$1,000.00?
FLOYD COUNTY
Shall the Constitution be amended so as to autho-
rize the General Assembly to provide by local law
for the initial appointment and subsequent elec-
tion of the judge of the juvenile court of Floyd
County, to provide for the terms of said judge and
to shorten the term of such judge in office imme-
diately prior to the effective date of this amend-
ment, to provide for vacancies, to provide for the
aqualifications and compensation of said judge,
and to provide that said judge may serve full
time or part time?
FLOYD COUNTY
Shall the Constitution be amended so as to autho-
rize the General Assembly by local law to stagger
the terms of the commissioners of Floyd County
and in so doing to shorten the terms of any such
commissioners in office in 1981 without the neces-
sity of a referendum and to provide for terms of
less than four years?
YES
8,906
7,964
9,687
75. FORSYTH COUNTY
Res. Act 35
H. R. 130-510
(Ga. L. 1979,
P. 1828)
Shall the Constitution be amended so as to autho-
rize the Board of Commissioners of Forsyth Coun-
ty to levy, assess, and collect business license
fees and to otherwise regulate businesses in the
unincorporated areas of the county?
3,042
76.
Res. Act 22
H. R. 10-35
(Ga. L. 1979,
P. 1797)
DEKALB COUNTY AND FULTON COUNTY
City of Atlanta (DeKalb Co.)
City of Atlanta (Fulton Co.)
Fulton County
2,235
43,864
79,267
NO
6,318
6,848
5,795
3,108
1,852
29,774
54,101
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2171
YES NO
Fulton County School District 35,403 24,327
Shall the Constitution be amended so as to create
within Fulton County the Fulton County Industrial
District and to prohibit the governing authority of
Fulton County from levying any tax for educational
purposes on taxable property within Fulton County
which is located within the boundaries of an inde-
pendent school system?
77.
Res. Act 163
S. R. 314
(Ga. L. 1980,
P. 2048)
FULTON COUNTY
Shall the Constitution be amended so as to autho-
rize the General Assembly to control or limit by
local law the provision of public safety services
by the governing authority of Fulton County and
create districts within Fulton County and control
or limit Fulton County ad valorem taxes within and
without such districts to the end that Fulton County
shall levy and collect ad valorem taxes to provide
public safety services only within the area or areas
of Fulton County where such services are directly
provided by the governing authority of said county?
71,302
56,912
78.
Res. Act 166
S. R. 342
(Ga. L. 1980,
P. 2053)
FULTON COUNTY
Shall the Constitution be amended so as to autho-
rize and direct the governing authority of Fulton
County to establish rules and regulations to provide
an increase of $100.00 per month for certain former
officers and employees of Fulton County who re-
tired prior to January 1, 1964?
68,400
63,302
79.
Res. Act 167
S. R. 343
(Ga. L. 1980,
P. 2055)
FULTON COUNTY
City of Hapeville (Fulton County)
Shall the Constitution be amended so as to create
the Hapeville Development Authority and to pro-
vide for the powers, duties, and responsibilities of
said Authority; and to authorize the City of Hape-
ville to contract with said Authority, to create special
tax districts and levy taxes therein, and to levy
taxes within the municipality and expend the same
805
817
2172 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
as payments pursuant to contractual agreements
which may arise between the City of Hapeville
and said Authority?
80.
Res. Act 168
S. R. 348
(Ga. L. 1980,
P. 2071)
CLAYTON COUNTY AND FULTON COUNTY
City of College Park (Clayton County)
City of College Park (Fulton County)
Shall the Constitution be amended so as to create
the College Park Business and Industrial Develop-
ment Authority and to provide for the powers,
authority and duties of such Authority, and to
authorize the Authority to issue revenue bonds,
and to authorize the Authority to contract with the
State of Georgia or any of its departments or in-
strumentalities, public corporations and others and
to authorize the City of College Park to contract
with the Authority and to authorize the City of
College Park to make payments to the Authority
upon such terms as may be provided in any con-
tract entered into between the Authority and the
City of College Park and to authorize the City of
College Park to create special business and indus-
trial tax districts?
YES NO
273 218
2,365 1,288
81.
Res. Act 182
H. R. 517-1361
(Ga. L. 1980,
P. 2112)
DEKALB COUNTY AND FULTON COUNTY
City of Atlanta (DeKalb Co.)
City of Atlanta (Fulton Co.)
Shall the Constitution be amended so as to autho-
rize the City of Atlanta to issue and sell revenue
bond for the purpose of constructing and main-
taining off-street parking facilities?
2,904
48,735
1,622
26,345
82.
Res. Act 193
H. R. 684-1706
(Ga. L. 1980,
P. 2144)
CLAYTON COUNTY AND FULTON COUNTY
City of College Park (Clayton County)
City of College Park (Fulton County)
Shall the Constitution be amended so as to in-
crease the homestead exemptions for resident
homeowners of the City of College Park to an
amount of four thousand dollars ($4,000.00) for
resident homeowners under the age of 65 and to
an amount of six thousand dollars ($6,000.00) for
456
3,303
78
650
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2173
resident homeowners who are totally disabled or
are 65 years of age or older?
83.
Res. Act 245
H. R. 683-1706
(Ga. L. 1980,
P. 2271)
FULTON COUNTY
City of Union City (Fulton County)
Shall the Constitution be amended so as to pro-
vide a homestead exemption of $2,000.00 from all
city ad valorem taxes for each resident of Union
City who is disabled if his adjusted gross income,
together with the adjusted gross income of his
spouse who also occupies and resides at such
homestead, does not exceed $8,000.00 for the im-
mediately preceding tax year for income tax pur-
poses?
YES
832
84.
Res. Act 43
H. R. 283-997
(Ga. L. 1979,
P. 1849)
GLYNN COUNTY
Glynn County School District
Shall the Constitution be amended so as to pro-
vide for the purposes of all ad valorem taxation
for Glynn County and the Glynn County school dis-
trict the assessed value of the homestead of each
resident of such county or school district who is
sixty-two years of age or over or who is disabled and
who has a gross income not exceeding $12,000.00
per annum shall not be increased?
8,308
8,308
NO
159
3,120
3,120
85. GORDON COUNTY
Res. Act 235 Gordon County School District
H. R. 634-1636
(Ga. L. 1980, Shall the Constitution be amended so as to pro-
P. 2247) v'de *^at fr PurPoses of the homestead ex-
emptions of persons 62 years of age or over
from ad valorem taxes levied for school purposes
in the Gordon County school district, income
shall not include income received as retirement,
survivor, or disability benefits under the Federal
Social Security Act?
2,567
86.
Res. Act 236
H. R. 635-1636
(Ga. L. 1980,
P. 2250)
GORDON COUNTY
Calhoun School District (Gordon County)
Shall the Constitution be amended so as to pro-
vide that, for the purposes of the homestead ex-
844
1,391
243
2174
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
87.
Res. Act 248
H. R. 754-1776
(Ga. L. 1980,
P. 2280)
88.
Res. Act 249
H. R. 755-1776
(Ga. L. 1980,
P. 2283)
89.
Res. Act 155
S. R. 248
(Ga. L. 1980,
P. 2024)
90.
Res. Act 233
H. R. 625-1617
(Ga. L. 1980,
P. 2227)
emptions of persons 62 years of age or over from
ad valorem taxes levied for school purposes in the
independent school district of the City of Calhoun,
Georgia, income shall not include income re-
ceived as retirement, survivor, or disability bene-
fits under the Federal Social Security Act?
YES NO
HABERSHAM COUNTY 2,852 2,040
Habersham Co. School District 2,852 2,040
Shall the Constitution be amended so as to autho-
rize the Board of Education of Habersham County
to direct the governing authority of Habersham
County to impose certain excise taxes on alcoholic
beverages sold within all parts of Habersham
County and to authorize said Board to receive
funds derived from such taxes and expend same
for educational purposes within the Habersham
County school district?
HABERSHAM COUNTY
Habersham Co. School Dist. 3,680 1,216
Shall the Constitution be amended so as to exempt
from Habersham County school taxes the value of
a homestead owned by an individual who is totally
disabled or 65 years of age or older and has an
annual income of not more than $12,000 exclusive
of retirement benefits?
HALL COUNTY
City of Gainesville (Hall County) 2,413 1,327
Shall the Constitution be amended so as to pro-
vide constitutional authority for the establishment
of a Gainesville Redevelopment Authority and to
provide for the powers, duties, and responsibili-
ties of the authority?
HALL COUNTY 6,931 6,357
Shall the Constitution be amended so as to create
a board of elections in Hall County?
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2175
91.
Res. Act 238
H. R. 644-1666
(Ga. L. 1980,
P. 2255)
HENRY COUNTY
Shall the Constitution be amended so as to in-
crease the special homestead exemption for the
elderly from Henry County ad valorem taxes to
$6,000.00 and to extend the exemption to per-
sons whose adjusted family income is $6,000.00,
rather than $4,000.00, a year?
YES
6,695
NO
1,778
92.
Res. Act 239
H. R. 645-1666
(Ga. L. 1980,
P. 2257)
HENRY COUNTY
Henry County School District
Shall the Constitution be amended so as to in-
crease the special homestead exemption for the
elderly from ad valorem taxes for educational pur-
poses in Henry County to $20,000.00 and to ex-
tend the exemption to persons whose adjusted
family income is $12,000.00, rather than
$6,000.00, a year?
6,347
2,450
93.
Res. Act 258
H. R. 778-1823
(Ga. L. 1980,
P. 2303)
HENRY COUNTY
Shall the Constitution be amended so as to autho-
rize and empower the governing authority of Henry
County to adopt ordinances or regulations, includ-
ing traffic and animal control regulations, for the
governing and policing of the unincorporated areas
of said county and to enact punishment or penal-
ties for the violation of such ordinances?
5,248
3,457
94.
Res. Act 197
H. R. 729-1753
(Ga. L. 1980,
P. 2151)
HOUSTON COUNTY
City of Perry (Houston Co.)
Shall the Constitution be amended so as to pro-
vide a homestead e <emption of $8,000.00 from all
City of Perry ad valorem taxes for each resident
of the city who is 62 years of age or over or dis-
abled if his or her adjusted gross income, together
with the adjusted gross income of his or her spouse
who also occupies and resides at such homestead,
does not exceed $10,000.00, exclusive of certain
retirement, survivor, disability, and pension bene-
fits?
1,546
305
2176 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
95.
Res. Act 203
H. R. 458-1171
(Ga. L. 1980,
P. 2163)
HOUSTON COUNTY
Houston Co. School District
Shall the Constitution be amended so as to pro-
vide a homestead exemption of $8,000.00 from all
Houston County and Houston County School Dis-
trict ad valorem taxes for each resident of Houston
County who is 62 years of age or over or dis-
abled if his adjusted gross income, together with
the adjusted gross income of his spouse who also
occupies and resides at such homestead, does not
exceed $10,000.00, exclusive of certain retire-
ment, survivor, disability, and pension benefits?
YES
11,148
11,148
96.
Res. Act 247
H. R. 730-1753
(Ga. L. 1980,
P. 2276)
JACKSON COUNTY
Jackson County School Dist.
Shall the Constitution be amended so as to pro-
vide for the division of the Jackson County School
District into education districts in order to provide
for the election of the members of the Board of
Education of Jackson County and to provide for
the appointment of the Superintendent of the
Jackson County School System by said Board of
Education?
2,380
97.
Res. Act 230
H. R. 587-1593
(Ga. L. 1980
P. 2221)
LIBERTY COUNTY
City of Hinesville (Liberty County)
Shall the Constitution be amended so as to change
the provisions relating to the membership of the
Liberty County Industrial Authority?
1,373
788
98.
Res. Act 201
H. R. 453-1145
(Ga. L. 1980,
P. 2160)
LOWNDES COUNTY
Shall the Constitution be amended so as to in-
crease the civil jurisdiction of justices of the peace
in Lowndes County from $200,00 to $1,000.00?
4,359
NO
3,899
3,899
897
529
242
4,710
99.
Res. Act 224
H. R. 568-1523
(Ga. L. 1980,
P. 2207)
LOWNDES COUNTY
Lowndes Co. School District
Shall the Constitution be amended so as to pro-
vide that the' homestead of each resident of
8,249
3,643
1,649
754
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2177
Lowndes County, but not to exceed $6,000.00 of
the value thereof, and the homestead of each
resident of Lowndes County who is 65 years of
age or over, but not to exceed $10,000.00 of the
value thereof, shall be exempt from all ad valorem
taxes for county and school purposes, except to
pay interest on and retire bonded indebtedness?
100.
Res. Act 246
H. R. 728-1753
(Ga. L. 1980,
P. 2273)
LOWNDES COUNTY
City of Valdosta (Lowndes Co.)
Valdosta School District (Lowndes Co.)
Shall the Constitution be amended so as to pro-
vide that the homestead of each resident of the
City of Valdosta, but not to exceed $6,000.00 of
the value thereof, and the homestead of each resi-
dent of the City of Valdosta who is 65 years of
age or over, but not to exceed $10,000.00 of the
value thereof, shall be exempt from all ad valorem
taxes for city and school purposes, except to pay
interest on and retire bonded indebtedness?
YES
4,365
4,365
NO
842
842
101.
Res. Act 266
H. R. 864-1901
(Ga. L. 1980,
P. 2338)
MARION COUNTY
Marion County School District
Shall the Constitution be amended so as to change
the income limits for homestead exemptions of per-
sons sixty-two years of age or over from ad valorem
taxes levied for school purposes in the Marion
County School District?
590
155
102.
Res. Act 228
H. R. 581-1570
(Ga. L. 1980,
P. 2216)
MONROE COUNTY
Shall the Constitution be amended so as to increase
the amount of each homestead of each resident of
Monroe County which is exempt from county and
school taxes to $6,000.00 and so as to increase
to $10,000.00 the amount of the homestead which
is exempt from county and school taxes of each
resident of Monroe County who is sixty-five years
of age or over and whose income does not exceed
$10,000.00?
2,415
477
2178 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
103.
Res. Act 164
S. R. 332
(Ga. L. 1980,
P. 2050)
104.
Res. Act 208
H. R. 481-1260
(Ga. L. 1980,
P. 2173)
105.
Res. Act 153
S. R. 227
(Ga. L. 1980,
P. 2009)
106.
Res. Act 162
S. R. 311
(Ga. L. 1980,
P. 2045)
107.
Res. Act 207
H. R. 478-1260
(Ga. L. 1980,
P. 2171)
YES NO
MURRAY COUNTY 2,091 575
Shall the Constitution be amended so as to increase
to $6,000.00 the amount of the homestead
exemption from county taxes for residents of Murray
County who are 65 years of age or over?
MURRAY COUNTY 1,334 1,003
Shall the Constitution be amended so as to increase
the dollar amount of civil cases over which the
Justices of the Peace in Murray County shall have
jurisdiction from $200.00 to $1,000.00?
MUSCOGEE COUNTY 19,174 11,092
Muscogee County School District 19,174 11,092
Shall the Constitution be amended so as to provide
for automatic changes of homestead exemptions
granted in Muscogee County for county and school
purposes based upon changes in the county tax
digest?
MUSCOGEE COUNTY
City of Columbus (Muscogee County) 19,701 9,551
Shall the Constitution be amended so as to create
at ten-year intervals a Charter Review Commission
for the City of Columbus, Georgia, to study the
charter of said city and, in its discretion, to propose
changes in the existing charter which will be sub-
mitted to the voters of said city for their approval
or rejection?
NEWTON COUNTY 6,289 1,032
Newton County School District 6,289 1,032
Shall the Constitution be amended so as to grant
each resident of Newton County a homestead
exemption of $4,000.00 from all Newton County
ad valorem taxes including ad valorem taxes for the
Newton County School District?
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2179
108. NEWTON COUNTY
Res^ Art^215 Newton County School District
(Ga. L. 1980, Shall the Constitution be amended so as to provide
P. 2187) a homestead exemption of $8,000.00 from all
Newton County and Newton County School Dis-
trict ad valorem taxes for each resident of Newton
County who is 65 years of age or over or disabled
if his adjusted gross income, together with the ad-
justed gross income of his spouse who also occu-
pies and resides at such homestead, does not
exceed $10,000.00, exclusive of certain retirement,
survivor, disability, and pension benefits?
109.
Res. Act 262
H. R. 823-1875
(Ga. L. 1980,
P. 2312)
PAULDING COUNTY
Paulding County School District
Shall the Constitution be amended so as to provide
for a homestead exemption of $12,000.00 from all
Paulding County ad valorem taxes, including ad
valorem taxes for the Paulding County school
district, for residents of Paulding County who are
disabled and who have a net income not exceeding
$12,000.00 for the immediately preceding taxable
year?
YES
5,981
5,981
3,300
3,300
110.
Res. Act 37
H. R. 163-650
(Ga. L. 1979,
P. 1832)
PIKE COUNTY
Shall the Constitution be amended so as to create
the Pike County Retirement Home Authority for
the purpose of acquiring, constructing, improving,
equipping, altering, repairing and maintaining re-
tirement home facilities for lease or sale to non-
profit, tax exempt religious or charitable firms or
corporations, with the power to borrow money and
issue revenue bonds to finance the cost of accom-
plishing the foregoing?
996
NO
1,093
1,093
1,756
1,756
797
111.
Res. Act 19
S. R. 36
(Ga. L. 1979,
P. 1792)
POLK COUNTY
City of Rockmart (Polk County)
Shall the Constitution be amended so as to provide
that residents of the City of Rockmart who are
65 years of age or over shall be granted a home-
stead exemption of $2,000.00 from ad valorem
taxation by said city?
579
49
2180 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
112.
Res. Act 202
H. R. 456-1162
(Ga. L. 1980,
P. 2162)
BURKE COUNTY AND RICHMOND COUNTY YES N0
City of Blythe (Burke County) NO REGISTERED VOTERS
IN CITY WITHIN BURKE
COUNTY
Richmond County 16,313 4,479
Richmond County School District 16,313 4,479
City of Augusta (Richmond County) 5,236 1,113
City of Hephzibah (Richmond County) 378 131
City of Blythe (Richmond County) 100 34
Shall the Constitution be amended so as to permit
the General Assembly to authorize local taxing
jurisdictions in Richmond County to grant discounts
for early payment of ad valorem taxes?
113.
Res. Act 211
H. R. 516-1355
(Ga. L. 1980,
P. 2177)
BURKE COUNTY AND RICHMOND COUNTY
City of Blythe (Burke County)
Richmond County
Richmond County School District
City of Augusta (Richmond County)
City of Hephzibah (Richmond County)
City of Blythe (Richmond County)
NO REGISTERED VOTERS
IN CITY WITHIN BURKE
COUNTY
13,877 6,259
13,877 6,259
4,463 1,590
322 181
91 39
Shall the Constitution be amended so as to require
a referendum before a local taxing jurisdiction in
Richmond County may levy an ad valorem tax
mill rate greater than a mill rate determined based
upon the mil! rate levied in 1979?
114. RICHMOND COUNTY
Res. Act 216
H. R. 525-1379
(Ga. L. 1980,
P. 2190)
Richmond Co. School District
Shall the Constitution be amended so as to increase
the amount of the homestead of each resident of
Richmond County, which Is exempt from county
and school taxes, from $2,000.00 to $5,000.00,
to increase from $4,000.00 to $10,000.00 the
24,791
24,791
4,696
4,696
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2181
115.
Res. Act 226
H. R. 570-1531
(Ga. L. 1980,
P. 2211)
116.
Res. Act 227
H. R. 578-1550
(Ga. L. 1980,
P. 2215)
amount of the homestead of each resident of
Richmond County who is 65 years of age or over
and whose income does not exceed $10,000.00,
which is exempt from taxes for county and school
purposes, and to allow an exemption from ad
valorem taxes for county and school purposes of
$10,000.00 for the homestead of each resident of
Richmond County who is totally and permanently
disabled?
RICHMOND COUNTY YES
City of Augusta (Richmond County) 6,005
Shall the Constitution be amended so as to pro-
vide for homestead exemption for residents and
homeowners of the City of Augusta, under 65 years
of age, in an amount equal to the greater of:
1) two thousand dollars ($2,000.00), or 2) an
amount equal in dollar value to the homestead
of any such person which now or hereinafter may
be exempted from ad valorem taxation by Rich-
mond County, Georgia; and, for homestead exemp-
tion for residents and homeowners of the City of
Augusta, 65 years of age or older, in an amount
equal to the greater of: 1) four thousand dollars
($4,000.00), or 2) an amount equal in dollar
value to the homestead of any said person age
65 years or older, which now or hereinafter may
be exempted from ad valorem taxation by Rich-
mond County, Georgia; provided, that the net
income of said resident homeowner age 65 years
or older, together with the net income of his or
her spouse who also occupies and resides at said
homestead, from all sources, does not exceed four
thousand dollars ($4,000.00) for income tax pur-
poses, for the immediately preceding taxable year?
ROCKDALE COUNTY
Rockdale Co. School District 6,906
Shall the Constitution be amended so as to pro-
vide that any resident of Rockdale County who is
65 years of age or older or who is totally dis-
abled shall be granted a homestead exemption of
$20,000.00 from ad valorem taxation for school
purposes by Rockdale County?
NO
1,047
1.670
2182 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
117. SPALDING COUNTY
Res. Act 20
S. R. 133
(Ga. L. 1979,
P. 1793)
Spalding Co. School District
Shall the Constitution be amended so as to change
the income limits for homestead exemptions of
persons sixty-two years of age or over from ad
valorem taxes levied for school purposes in the
Spalding County School District?
118.
Res. Act 263
H. R. 826-1885
(Ga. L. 1980,
P. 2315)
SPALDING COUNTY
Spalding County
City of Griffin (Spalding County)
Shall the Constitution be amended so as to ratify
the Griffin Development Authority created for the
purpose of encouraging and promoting the eco-
nomic improvement, development and rehabilita-
tion of the City of Griffins central business area
pursuant to Act of the General Assembly approved
April 11, 1979, as amended and to amend such
Act by restating it in its entirety and superseding
it and, in so doing, to authorize the Authority to
issue its revenue bonds, notes and other obliga-
tions and to provide for the method and manner of
such issuance and for the validation thereof, to
authorize the Authority to contract with the City
of Griffin and with counties, municipalities and
other political subdivisions of the State, and to
provide other terms and conditions upon which
the Authority shall operate within a Development
District in the City of Griffin?
YES
5,900
5,081
2,708
119.
Res. Act 223
H. R. 565-1512
(Ga. L. 1980,
P. 2205)
TAYLOR COUNTY
Taylor County School District
Shall the Constitution be amended so as to change
the income limits for homestead exemptions of
persons sixty-two years of age or over from ad
valorem taxes levied for school purposes in the
Taylor County School District?
1,177
NO
3,773
5,027
1,859
449
120.
Res. Act 158
S. R. 290
(Ga. L. 1980,
P. 2029)
TOWNS COUNTY
Towns County
Towns County School District
Shall the Constitution be amended so as to au-
1,226
1,226
1,304
1,304
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2183
thorize the Board of Education of Towns County
to direct the governing authority of Towns County
to impose certain excise taxes on alcoholic bev-
erages sold within Towns County and to authorize
said Board to receive funds derived from such
taxes and expend same for educational purposes
within the Towns County school district?
121.
Res. Act 205
H. R. 461-1190
(Ga. L. 1980,
P. 2168)
TOWNS COUNTY
Towns County
Shall the Constitution be amended so as to provide
that the Towns County Board of Education shall
have the authority to expend funds to finance all
or part of the employer and employee contribu-
tions to any health insurance plan for retired
public school teachers created by the general law
of this state?
YES NO
899 990
122.
Res. Act 243
H. R. 679-1700
(Ga. L. 1980,
P. 2266)
TURNER COUNTY
City of Ashburn (Turner Co.)
Shall the Constitution be amended so as to pro-
vide a homestead exemption of $8,000.00 from all
City of Ashburn ad valorem taxes for each resi-
dent of the city who is 62 years of age or over
or disabled if his adjusted gross income, together
with the adjusted gross income of his spouse who
also occupies and resides at such homestead,
does not exceed $10,000.00, exclusive of certain
retirement, survivor, disability, and pension bene-
fits?
789 172
123. TURNER COUNTY
Res. Act 260
H. R. 785-1850
(Ga. L. 1980,
P. 2307)
Turner County
Turner Co. School District
Shall the Constitution be amended so as to pro-
vide a homestead exemption of $8,000.00 from all
Turner County and Turner County School Dis-
trict ad valorem taxes for each resident of Turner
County who is 62 years of age or over or dis-
abled if his adjusted gross income, together with
1,353
1,353
291
291
2184 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
the adjusted gross income of his spouse who also
occupies and resides at such homestead, does not
exceed $10,000.00, exclusive of certain retire-
ment, survivor, disability, and pension benefits?
124.
Res. Act 206
H. R. 476-1248
(Ga. L. 1980,
P. 2169
TWIGGS COUNTY AND WILKINSON COUNTY
City of Danville (Twiggs County)
City of Danville (Wilkinson County)
Shall the Constitution be amended so as to pro-
vide that residents of the City of Danville who are
60 years of age or over shall be granted a home-
stead exemption of $2,000.00 in 1981 and
$4,000.00 thereafter from ad valorem taxation by
said city?
YES NO
55 1
70 1
125.
Res. Act 212
H. R. 518-1361
(Ga. L. 1980,
P. 2180)
TWIGGS COUNTY
Twiggs County
Twiggs County School District
Shall the Constitution be amended so as to in-
crease the Twiggs County homestead exemption
from taxes levied for county and school purposes
to $4,000.00 in 1981, $5,000.00 in 1982, and
$6,000.00 in 1983 and thereafter and to increase
the exemption allowed from county taxes for cer-
tain persons aged 65 or over to $6,000.00 in
1981, $7,000.00 in 1982, and $8,000.00 in 1983
and thereafter?
1,573
1,573
178
178
126. TWIGGS COUNTY
Res. Act 217
H. R. 527-1392
(Ga. L. 1980,
P. 2194)
City of Jeffersonville (Twiggs County)
Shall the Constitution be amended so as to pro-
vide that residents of the City of Jeffersonville
who are 60 years of age or over shall be granted
a homestead exemption of $2,000.00 in 1981
and $4,000.00 thereafter from ad valorem tax-
ation by said City?
194
10
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2185
127.
Res. Act 38
H. R. 164-650
(Ga. L. 1979,
P. 1839)
128.
Res. Act 45
H. R. 298-1009
(Ga. L. 1979,
P. 1854)
129.
Res. Act 250
H. R. 757-1778
(Ga. L. 1980,
P. 2286)
130.
Res. Act 256
!H. R. 775-1805
(Ga. L. 1980,
P. 2299)
YES NO
UPSON COUNTY
Upson County 2,800 2,261
Shall the Constitution be amended so as to in-
crease the jurisdiction of civil cases over which
the Justices of the Peace of Upson County shall
have jurisdiction?
UPSON COUNTY
Upson County School District 2,673 693
Shall the Constitution be amended so as to change
the income limits for homestead exemptions of
persons sixty-two years of age or over from ad
valorem taxes levied for school purposes in the
Upson County School District?
UPSON COUNTY
City of Thomaston (Upson County) 1,155 1,265
Shall the Constitution be amended so as to pro-
vide for the establishment of the City of Thomaston
Business Development Authority and to provide for
the powers, duties, and responsibilities of said
authority?
WARE COUNTY
Ware County School District 2,031 813
Shall the Constitution be amended so as to pro-
vide that each resident of the Ware County School
District who is sixty-two years of age or over
and whose income from all sources, including
the income of all family members residing within
said homestead, does not exceed $12,000.00 per
annum shall be granted a homestead exemption
of $10,000.00 from all Ware County School Dis-
trict ad valorem taxes?
2186 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
131.
Res. Act 257
H. R. 776-1805
(Ga. L. 1980,
P. 2301)
WARE COUNTY
Waycross School District (Ware County) 2,697 767
Shall the Constitution be amended so as to pro-
vide that each resident of the City of Waycross
Independent School District who is sixty-two years
of age or over and whose income from all sources,
including the income of all family members residing
within said homestead, does not exceed $ 12,000.00
per annum shall be granted a homestead exemp-
tion of $10,000.00 from all ad valorem taxes
levied by the City of Waycross for educational
purposes?
132.
Res. Act 180
H. R. 510-1346
(Ga. L. 1980,
P. 2109)
WAYNE COUNTY
Wayne County
Shall the Constitution be amended so as to increase
the amount of the homestead of each resident of
Wayne County, which is exempt from county taxes,
from $2,000.00 to $5,000.00?
2,551
704
133.
Res. Act 237
H. R. 643-1651
(Ga. L. 1980,
P. 2252)
WHITE COUNTY
White County
White County School District
Shall the Constitution be amended so as to pro-
vide that for the purposes of White County and
White County school district ad valorem taxes, the
homestead exemption for the elderly shall be in-
creased to $10,000.00 and the income qualifica-
tion for such homestead exemption shall be changed
to $10,000.00 from all sources?
1,972
1,972
680
680
134. WHITFIELD COUNTY
Res. Act 185
H. R. 592-1600
(Ga. L. 1980,
P. 2119)
City of Dalton (Whitfield County)
Shall the Constitution be amended so as to pro-
vide for the establishment of a Downtown Dalton
Development Authority and to provide for the
powers, duties and responsibilities of said Author-
ity?
3,216
1,125
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2187
135.
Res. Act 231
H. R. 591-1600
(Ga. L. 1980,
P. 2223)
WHITFIELD COUNTY
City of Dalton (Whitfield County)
Shall the Constitution be amended so as to pro-
vide that residents of the City of Dalton who are
62 years of age or over, or who are totally dis-
abled, and who have an income from all sources,
including the income of certain members of the
family, not exceeding $6,000.00 per annum, shall
be granted a homestead exemption of $10,000.00
from ad valorem taxation by said City?
YES
3,607
NO
625
136.
Res. Act 242
H. R. 678-1700
(Ga. L. 1980,
P. 2263)
WORTH COUNTY
Worth County
Worth Co. School District
Shall the Constitution be amended so as to pro-
vide a homestead exemption of $8,000.00 from all
Worth County and Worth County School District
ad valorem taxes for each resident of Worth
County who is 62 years of age or over or dis-
abled if his adjusted gross income, together with
the adjusted gross income of his spouse who also
occupies and resides at such homestead, does not
exceed $10,000.00, exclusive of certain retire-
ment, survior, disability, and pension benefits?
1,965
1,965
555
555
137.
Res. Act 244
iH. R. 680-1700
(Ga. L. 1980,
P. 2268)
WORTH COUNTY
City of Sylvester (Worth County)
Shall the Constitution be amended so as to pro-
vide a homestead exemption of $8,000.00 from all
City of Sylvester ad valorem taxes for each resi-
dent of the city who is 62 years of age or over or
disabled if his adjusted gross income, together with
the adjusted gross income of his spouse who also
occupies and resides at such homestead, does not
exceed $10,000.00, exclusive of certain retire-
ment, survivor, disability, and pension benefits?
536
149
For any information regarding these
ACTS and RESOLUTIONS please contact
DAVID B. POYTHRESS
Secretary of State
0i I0T IROTJtTS
wi mi sntiHMttt

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

Locations